AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing...

84
AGENDA City Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds October 14, 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. 1. Community/Development Services Committee Council Chambers A. AM-1842 (20 Minutes) Development regulations regarding the fiber optic network. B. AM-1843 (30 Minutes) Discussion on the Community Sustainability Element of the Comprehensive Plan. C. AM-1836 (20 Minutes) Review possible amendments to ECDC Chapter 18.05, Utility Wires, regarding replacement of power poles. D. AM-1837 (10 Minutes) Discussion on commercial uses in residential zones related to house rentals. 2. Finance Committee Jury Meeting Room A. AM-1811 (10 Minutes) Contract for Professional Services - City of Edmonds Prosecutor B. AM-1801 (5 Minutes) Surplus police property. 3. Public Safety Committee Police Training Room A. AM-1834 (15 Minutes) Update 2007-2008 Fire Department Work Plan. B. AM-1835 (15 Minutes) Interlocal Agreement for Automatic First Response and Mutual Assistance. C. AM-1839 (10 Minutes) Anti idling signs. D. AM-1840 (15 Minutes) Discussion on Edmonds City Code Section 5.05 related to dangerous dogs. Packet Page 1 of 84

Transcript of AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing...

Page 1: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AGENDA

City Council Committee Meetings

Council Chambers Public Safety Complex

250 5th Avenue North Edmonds

October 14 2008

600 pm

The City Council Committee meetings are work sessions for the City Council and staff only The meetings are open to the public but are notpublic hearings

1 CommunityDevelopment Services CommitteeCouncil Chambers

A AM-1842 (20 Minutes)

Development regulations regarding the fiber optic network

B AM-1843 (30 Minutes)

Discussion on the Community Sustainability Element of the Comprehensive Plan

C AM-1836 (20 Minutes)

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

D AM-1837 (10 Minutes)

Discussion on commercial uses in residential zones related to house rentals

2 Finance CommitteeJury Meeting Room

A AM-1811 (10 Minutes)

Contract for Professional Services - City of Edmonds Prosecutor

B AM-1801 (5 Minutes)

Surplus police property

3 Public Safety CommitteePolice Training Room

A AM-1834 (15 Minutes)

Update 2007-2008 Fire Department Work Plan

B AM-1835 (15 Minutes)

Interlocal Agreement for Automatic First Response and Mutual Assistance

C AM-1839 (10 Minutes)

Anti idling signs

D AM-1840 (15 Minutes)

Discussion on Edmonds City Code Section 505 related to dangerous dogs

Packet Page 1 of 84

AM-1842 1A

Development Regulations Rregarding the Fiber Optic Network

City Council Committee Meetings

Date 10142008

Submitted By Robert English Engineering Time 20 Minutes

Department Engineering Type Information

Committee CommunityDevelopment Services

Information

Subject Title

Development regulations regarding the fiber optic network

Recommendation from Mayor and Staff

For discussion only

Previous Council Action

None

Narrative

A presentation on the fiber optic network was made by Mr Rick Jenness at the September 2nd

City Council meeting The presentation included recommendations developed by the Citizens

Technology Advisory Committee (CTAC) to construct a municipally owned fiber-optic network

At the conclusion of the presentation Councilmember Wilson requested the Community

ServicesDevelopment Services Committee be provided information about future policies related

to development regulations The following information outlines several options for beginning the

process to install conduit for the fiber optic network

Development Requirement

Before a development requirement can be enacted the City would need to include the fiber optic

network and any related facilities such as smart meters (water meters with radio transmitters) on

the 6 year Capital Improvement Plan The City cannot require developers to install conduit with

their projects until the City has committed to the fiber optic system

Available options until the City Council is ready to commit to the fiber optic system

bull The City can amend construction standards for City funded projects to include conduit and other

system requirements A revenue source would be required to pay for the fiber optic improvements

bull Adopt open trench funding policies that allow the City to provide fiber optic conduit to

developers who voluntarily agree to install conduit

bull Provide informational handouts to encourage developers to install the conduit as a way to

anticipate the needs of consumers in the future

Fiscal Impact

Attachments

No file(s) attached

Packet Page 2 of 84

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Public Works Noel Miller 10092008 0226 PM APRV

2 City Clerk Sandy Chase 10092008 0234 PM APRV

3 Mayor Gary Haakenson 10092008 0236 PM APRV

4 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Robert

English Started On 10092008 0157

PM

Final Approval Date 10092008

Packet Page 3 of 84

AM-1843 1B

Community Sustainability Element of the Comprehensive Plan

City Council Committee Meetings

Date 10142008

Submitted By Rob Chave Planning Time 30 Minutes

Department Planning Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on the Community Sustainability Element of the Comprehensive Plan

Recommendation from Mayor and Staff

Provide direction on the next steps to take in developing the plan

Previous Council Action

The Council met with members of the Planning Board and Climate Protection Committee in a joint

work session on this subject on September 23 2008

Narrative

The City Council has referred the Community Sustainability Element to the Committee to refine

and develop further Staff will be prepared to discuss some ideas and proposed next steps

Fiscal Impact

Attachments

Link Exhibit 1 Sustainability Element Outline Draft

Link Exhibit 2 City Council Minutes

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0825 AM APRV

2 Mayor Gary Haakenson 10102008 0830 AM APRV

3 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Rob

Chave Started On 10092008 0414

PM

Final Approval Date 10102008

Packet Page 4 of 84

O U T L I N E D R A F T

Community Sustainability Element 1 20080703

Comprehensive Plan Community Sustainability Element

Background Climate Change Community Health and Environmental Quality Introduction A relatively recent term ldquosustainabilityrdquo has many definitions A commonly cited definition is one put forward by the Brundtland Commission1 in a report of the World Commission on Environment and Development (December 11 1987) The Commission defined sustainable development as development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo Not focused solely on environmental sustainability the Commissionrsquos report emphasized the inter-related nature of environmental economic and social factors in sustainability One of the keys to success in sustainability is recognizing that decision-making must be based on an integration of economic with environmental and social factors

The City of Edmonds Comprehensive Plan contains a number of different elements some mandated by the Growth Management Act and others included because they are important to the Edmonds community This Community Sustainability Element is intended to provide a framework tying the other plan elements together illustrating how the overall plan direction supports sustainability within the Edmonds community

Goal 1 Develop land use policies programs and regulations designed to support and promote sustainability Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services recreation jobs and housing

Goal 2 Develop transportation policies programs and regulations designed to support and promote sustainability Take actions to reduce the use of fuel and energy in transportation and encourage alternate forms of transportation ndash supported by transportation facilities and accessibility throughout the community

Goal 3 Promote seamless transportation linkages between the Edmonds community and the rest of the Puget Sound region

Goal 4 Develop utility policies programs and maintenance measures designed to support and promote sustainability Maintain existing utility systems while seeking to expand the use of alternative energy and sustainable maintenance and building practices in city facilities

Goal 5 Develop economic development policies and programs designed to support and promote sustainability Encourage the co-location of jobs with housing in the community seeking to expand residentsrsquo ability to work in close proximity to their homes Encourage and support infrastructure initiatives and land use policies that encourage and support

Packet Page 5 of 84

O U T L I N E D R A F T

Community Sustainability Element 2 20080703

home-based work and business activities that supplement traditional business and employment concentrations

Goal 6 Develop cultural and recreational programs designed to support and promote sustainability Networks of parks walkways public art and cultural facilities and events should be woven into the communityrsquos fabric to encourage sense of place and the overall health and well being of the community

Goal 7 Develop housing policies programs and regulations designed to support and promote sustainability Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in life style Seek to form public and private partnerships to retain and promote affordable housing options

1 Report of the World Commission on Environment and Development UN General Assembly Plenary Meeting December 11 1987

Packet Page 6 of 84

O U T L I N E D R A F T

Community Sustainability Element 3 20080703

Climate Change Introduction The quality of the environment we live in is a critical part of what people often describe as the ldquocharacterrdquo of Edmonds Even if it is not something we overtly think about it is an intrinsic part of our everyday experience whether at work at rest or at play Until relatively recently environmental quality has often been thought of in terms of obvious easily observable characteristics ndash such as the visible landscape the quality of the air the presence and variety of wildlife or the availability and character of water in its various forms However recent evidence on climate change2 points to the potential fragility of our assumptions about the environment and the need to integrate and heighten the awareness of environmental issues as they are inter-related with all community policies and activities

Recognizing the importance of addressing the issues surrounding the environment and climate change in September 2006 the City of Edmonds formally expressed support for the Kyoto Protocol3 and adopted the US Mayors Climate Protection Agreement4 by Resolution No 1129 and joined the International Council for Local Environmental Initiatives (ICLEI)5 by Resolution No 1130

Scientific evidence and consensus continues to strengthen the idea that climate change is an urgent threat to the environmental and economic health of our communities Many cities in this country and abroad already have strong local policies and programs in place to reduce global warming pollution but more action is needed at the local state and federal levels to meet the challenge On February 16 2005 the Kyoto Protocol the international agreement to address climate change became law for the 141 countries that have ratified it to date On that day Seattle Mayor Greg Nickels launched an initiative to advance the goals of the Kyoto Protocol through leadership and action by at least 141 American cities

The State of Washington has also been taking steps to address the issues surrounding climate change In March 2008 the state legislature passed ESSHB 2815 which included monitoring and reporting mandates for state agencies along with the following emission reduction targets

Sec 3 (1)(a) The state shall limit emissions of greenhouse gases to achieve the following emission reductions for Washington state

(i) By 2020 reduce overall emissions of greenhouse gases in the state to 1990 levels

(ii) By 2035 reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels

(iii) By 2050 the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels or seventy percent below the states expected emissions that year

The City of Edmonds has formally approved the US Mayors Climate Protection Agreement which was endorsed by the 73rd Annual US Conference of Mayors meeting Chicago 2005 Under the Agreement participating cities commit to take three sets of actions which are included as the first three goals in this section

Packet Page 7 of 84

O U T L I N E D R A F T

Community Sustainability Element 4 20080703

Goal 1 Urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012 including efforts to reduce the United Statesrsquo dependence on fossil fuels and accelerate the development of clean economical energy resources and fuel-efficient technologies such as conservation methane recovery for energy generation waste to energy wind and solar energy fuel cells efficient motor vehicles and biofuels (alternative fuels)

Goal 2 Urge the US Congress to pass bipartisan greenhouse gas reduction legislation that 1) includes clear timetables and emissions limits and 2) a flexible market-based system of tradable allowances among emitting industries

Goal 3 Strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and community such as

i Inventory global warming emissions in City operations and in the community set reduction targets and create an action plan

ii Adopt and enforce land-use policies that reduce sprawl preserve open space and create compact walkable urban communities

iii Promote transportation options such as bicycle trails commute trip reduction programs incentives for car pooling and public transit

iv Increase the use of clean alternative energy by for example investing in ldquogreen tagsrdquo advocating for the development of renewable energy resources recovering landfill methane for energy production and supporting the use of waste to energy technology

v Make energy efficiency a priority through building code improvements retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money

vi Purchase only Energy Star equipment and appliances for City use

vii Practice and promote sustainable building practices using the US Green Building Councilrsquos LEED program or a similar system

viii Increase the average fuel efficiency of municipal fleet vehicles reduce the number of vehicles launch an employee education program including anti-idling messages convert diesel vehicles to bio-diesel

ix Evaluate opportunities to increase pump efficiency in water and wastewater systems recover wastewater treatment methane for energy production

Packet Page 8 of 84

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 2: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AM-1842 1A

Development Regulations Rregarding the Fiber Optic Network

City Council Committee Meetings

Date 10142008

Submitted By Robert English Engineering Time 20 Minutes

Department Engineering Type Information

Committee CommunityDevelopment Services

Information

Subject Title

Development regulations regarding the fiber optic network

Recommendation from Mayor and Staff

For discussion only

Previous Council Action

None

Narrative

A presentation on the fiber optic network was made by Mr Rick Jenness at the September 2nd

City Council meeting The presentation included recommendations developed by the Citizens

Technology Advisory Committee (CTAC) to construct a municipally owned fiber-optic network

At the conclusion of the presentation Councilmember Wilson requested the Community

ServicesDevelopment Services Committee be provided information about future policies related

to development regulations The following information outlines several options for beginning the

process to install conduit for the fiber optic network

Development Requirement

Before a development requirement can be enacted the City would need to include the fiber optic

network and any related facilities such as smart meters (water meters with radio transmitters) on

the 6 year Capital Improvement Plan The City cannot require developers to install conduit with

their projects until the City has committed to the fiber optic system

Available options until the City Council is ready to commit to the fiber optic system

bull The City can amend construction standards for City funded projects to include conduit and other

system requirements A revenue source would be required to pay for the fiber optic improvements

bull Adopt open trench funding policies that allow the City to provide fiber optic conduit to

developers who voluntarily agree to install conduit

bull Provide informational handouts to encourage developers to install the conduit as a way to

anticipate the needs of consumers in the future

Fiscal Impact

Attachments

No file(s) attached

Packet Page 2 of 84

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Public Works Noel Miller 10092008 0226 PM APRV

2 City Clerk Sandy Chase 10092008 0234 PM APRV

3 Mayor Gary Haakenson 10092008 0236 PM APRV

4 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Robert

English Started On 10092008 0157

PM

Final Approval Date 10092008

Packet Page 3 of 84

AM-1843 1B

Community Sustainability Element of the Comprehensive Plan

City Council Committee Meetings

Date 10142008

Submitted By Rob Chave Planning Time 30 Minutes

Department Planning Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on the Community Sustainability Element of the Comprehensive Plan

Recommendation from Mayor and Staff

Provide direction on the next steps to take in developing the plan

Previous Council Action

The Council met with members of the Planning Board and Climate Protection Committee in a joint

work session on this subject on September 23 2008

Narrative

The City Council has referred the Community Sustainability Element to the Committee to refine

and develop further Staff will be prepared to discuss some ideas and proposed next steps

Fiscal Impact

Attachments

Link Exhibit 1 Sustainability Element Outline Draft

Link Exhibit 2 City Council Minutes

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0825 AM APRV

2 Mayor Gary Haakenson 10102008 0830 AM APRV

3 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Rob

Chave Started On 10092008 0414

PM

Final Approval Date 10102008

Packet Page 4 of 84

O U T L I N E D R A F T

Community Sustainability Element 1 20080703

Comprehensive Plan Community Sustainability Element

Background Climate Change Community Health and Environmental Quality Introduction A relatively recent term ldquosustainabilityrdquo has many definitions A commonly cited definition is one put forward by the Brundtland Commission1 in a report of the World Commission on Environment and Development (December 11 1987) The Commission defined sustainable development as development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo Not focused solely on environmental sustainability the Commissionrsquos report emphasized the inter-related nature of environmental economic and social factors in sustainability One of the keys to success in sustainability is recognizing that decision-making must be based on an integration of economic with environmental and social factors

The City of Edmonds Comprehensive Plan contains a number of different elements some mandated by the Growth Management Act and others included because they are important to the Edmonds community This Community Sustainability Element is intended to provide a framework tying the other plan elements together illustrating how the overall plan direction supports sustainability within the Edmonds community

Goal 1 Develop land use policies programs and regulations designed to support and promote sustainability Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services recreation jobs and housing

Goal 2 Develop transportation policies programs and regulations designed to support and promote sustainability Take actions to reduce the use of fuel and energy in transportation and encourage alternate forms of transportation ndash supported by transportation facilities and accessibility throughout the community

Goal 3 Promote seamless transportation linkages between the Edmonds community and the rest of the Puget Sound region

Goal 4 Develop utility policies programs and maintenance measures designed to support and promote sustainability Maintain existing utility systems while seeking to expand the use of alternative energy and sustainable maintenance and building practices in city facilities

Goal 5 Develop economic development policies and programs designed to support and promote sustainability Encourage the co-location of jobs with housing in the community seeking to expand residentsrsquo ability to work in close proximity to their homes Encourage and support infrastructure initiatives and land use policies that encourage and support

Packet Page 5 of 84

O U T L I N E D R A F T

Community Sustainability Element 2 20080703

home-based work and business activities that supplement traditional business and employment concentrations

Goal 6 Develop cultural and recreational programs designed to support and promote sustainability Networks of parks walkways public art and cultural facilities and events should be woven into the communityrsquos fabric to encourage sense of place and the overall health and well being of the community

Goal 7 Develop housing policies programs and regulations designed to support and promote sustainability Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in life style Seek to form public and private partnerships to retain and promote affordable housing options

1 Report of the World Commission on Environment and Development UN General Assembly Plenary Meeting December 11 1987

Packet Page 6 of 84

O U T L I N E D R A F T

Community Sustainability Element 3 20080703

Climate Change Introduction The quality of the environment we live in is a critical part of what people often describe as the ldquocharacterrdquo of Edmonds Even if it is not something we overtly think about it is an intrinsic part of our everyday experience whether at work at rest or at play Until relatively recently environmental quality has often been thought of in terms of obvious easily observable characteristics ndash such as the visible landscape the quality of the air the presence and variety of wildlife or the availability and character of water in its various forms However recent evidence on climate change2 points to the potential fragility of our assumptions about the environment and the need to integrate and heighten the awareness of environmental issues as they are inter-related with all community policies and activities

Recognizing the importance of addressing the issues surrounding the environment and climate change in September 2006 the City of Edmonds formally expressed support for the Kyoto Protocol3 and adopted the US Mayors Climate Protection Agreement4 by Resolution No 1129 and joined the International Council for Local Environmental Initiatives (ICLEI)5 by Resolution No 1130

Scientific evidence and consensus continues to strengthen the idea that climate change is an urgent threat to the environmental and economic health of our communities Many cities in this country and abroad already have strong local policies and programs in place to reduce global warming pollution but more action is needed at the local state and federal levels to meet the challenge On February 16 2005 the Kyoto Protocol the international agreement to address climate change became law for the 141 countries that have ratified it to date On that day Seattle Mayor Greg Nickels launched an initiative to advance the goals of the Kyoto Protocol through leadership and action by at least 141 American cities

The State of Washington has also been taking steps to address the issues surrounding climate change In March 2008 the state legislature passed ESSHB 2815 which included monitoring and reporting mandates for state agencies along with the following emission reduction targets

Sec 3 (1)(a) The state shall limit emissions of greenhouse gases to achieve the following emission reductions for Washington state

(i) By 2020 reduce overall emissions of greenhouse gases in the state to 1990 levels

(ii) By 2035 reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels

(iii) By 2050 the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels or seventy percent below the states expected emissions that year

The City of Edmonds has formally approved the US Mayors Climate Protection Agreement which was endorsed by the 73rd Annual US Conference of Mayors meeting Chicago 2005 Under the Agreement participating cities commit to take three sets of actions which are included as the first three goals in this section

Packet Page 7 of 84

O U T L I N E D R A F T

Community Sustainability Element 4 20080703

Goal 1 Urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012 including efforts to reduce the United Statesrsquo dependence on fossil fuels and accelerate the development of clean economical energy resources and fuel-efficient technologies such as conservation methane recovery for energy generation waste to energy wind and solar energy fuel cells efficient motor vehicles and biofuels (alternative fuels)

Goal 2 Urge the US Congress to pass bipartisan greenhouse gas reduction legislation that 1) includes clear timetables and emissions limits and 2) a flexible market-based system of tradable allowances among emitting industries

Goal 3 Strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and community such as

i Inventory global warming emissions in City operations and in the community set reduction targets and create an action plan

ii Adopt and enforce land-use policies that reduce sprawl preserve open space and create compact walkable urban communities

iii Promote transportation options such as bicycle trails commute trip reduction programs incentives for car pooling and public transit

iv Increase the use of clean alternative energy by for example investing in ldquogreen tagsrdquo advocating for the development of renewable energy resources recovering landfill methane for energy production and supporting the use of waste to energy technology

v Make energy efficiency a priority through building code improvements retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money

vi Purchase only Energy Star equipment and appliances for City use

vii Practice and promote sustainable building practices using the US Green Building Councilrsquos LEED program or a similar system

viii Increase the average fuel efficiency of municipal fleet vehicles reduce the number of vehicles launch an employee education program including anti-idling messages convert diesel vehicles to bio-diesel

ix Evaluate opportunities to increase pump efficiency in water and wastewater systems recover wastewater treatment methane for energy production

Packet Page 8 of 84

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 3: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Public Works Noel Miller 10092008 0226 PM APRV

2 City Clerk Sandy Chase 10092008 0234 PM APRV

3 Mayor Gary Haakenson 10092008 0236 PM APRV

4 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Robert

English Started On 10092008 0157

PM

Final Approval Date 10092008

Packet Page 3 of 84

AM-1843 1B

Community Sustainability Element of the Comprehensive Plan

City Council Committee Meetings

Date 10142008

Submitted By Rob Chave Planning Time 30 Minutes

Department Planning Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on the Community Sustainability Element of the Comprehensive Plan

Recommendation from Mayor and Staff

Provide direction on the next steps to take in developing the plan

Previous Council Action

The Council met with members of the Planning Board and Climate Protection Committee in a joint

work session on this subject on September 23 2008

Narrative

The City Council has referred the Community Sustainability Element to the Committee to refine

and develop further Staff will be prepared to discuss some ideas and proposed next steps

Fiscal Impact

Attachments

Link Exhibit 1 Sustainability Element Outline Draft

Link Exhibit 2 City Council Minutes

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0825 AM APRV

2 Mayor Gary Haakenson 10102008 0830 AM APRV

3 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Rob

Chave Started On 10092008 0414

PM

Final Approval Date 10102008

Packet Page 4 of 84

O U T L I N E D R A F T

Community Sustainability Element 1 20080703

Comprehensive Plan Community Sustainability Element

Background Climate Change Community Health and Environmental Quality Introduction A relatively recent term ldquosustainabilityrdquo has many definitions A commonly cited definition is one put forward by the Brundtland Commission1 in a report of the World Commission on Environment and Development (December 11 1987) The Commission defined sustainable development as development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo Not focused solely on environmental sustainability the Commissionrsquos report emphasized the inter-related nature of environmental economic and social factors in sustainability One of the keys to success in sustainability is recognizing that decision-making must be based on an integration of economic with environmental and social factors

The City of Edmonds Comprehensive Plan contains a number of different elements some mandated by the Growth Management Act and others included because they are important to the Edmonds community This Community Sustainability Element is intended to provide a framework tying the other plan elements together illustrating how the overall plan direction supports sustainability within the Edmonds community

Goal 1 Develop land use policies programs and regulations designed to support and promote sustainability Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services recreation jobs and housing

Goal 2 Develop transportation policies programs and regulations designed to support and promote sustainability Take actions to reduce the use of fuel and energy in transportation and encourage alternate forms of transportation ndash supported by transportation facilities and accessibility throughout the community

Goal 3 Promote seamless transportation linkages between the Edmonds community and the rest of the Puget Sound region

Goal 4 Develop utility policies programs and maintenance measures designed to support and promote sustainability Maintain existing utility systems while seeking to expand the use of alternative energy and sustainable maintenance and building practices in city facilities

Goal 5 Develop economic development policies and programs designed to support and promote sustainability Encourage the co-location of jobs with housing in the community seeking to expand residentsrsquo ability to work in close proximity to their homes Encourage and support infrastructure initiatives and land use policies that encourage and support

Packet Page 5 of 84

O U T L I N E D R A F T

Community Sustainability Element 2 20080703

home-based work and business activities that supplement traditional business and employment concentrations

Goal 6 Develop cultural and recreational programs designed to support and promote sustainability Networks of parks walkways public art and cultural facilities and events should be woven into the communityrsquos fabric to encourage sense of place and the overall health and well being of the community

Goal 7 Develop housing policies programs and regulations designed to support and promote sustainability Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in life style Seek to form public and private partnerships to retain and promote affordable housing options

1 Report of the World Commission on Environment and Development UN General Assembly Plenary Meeting December 11 1987

Packet Page 6 of 84

O U T L I N E D R A F T

Community Sustainability Element 3 20080703

Climate Change Introduction The quality of the environment we live in is a critical part of what people often describe as the ldquocharacterrdquo of Edmonds Even if it is not something we overtly think about it is an intrinsic part of our everyday experience whether at work at rest or at play Until relatively recently environmental quality has often been thought of in terms of obvious easily observable characteristics ndash such as the visible landscape the quality of the air the presence and variety of wildlife or the availability and character of water in its various forms However recent evidence on climate change2 points to the potential fragility of our assumptions about the environment and the need to integrate and heighten the awareness of environmental issues as they are inter-related with all community policies and activities

Recognizing the importance of addressing the issues surrounding the environment and climate change in September 2006 the City of Edmonds formally expressed support for the Kyoto Protocol3 and adopted the US Mayors Climate Protection Agreement4 by Resolution No 1129 and joined the International Council for Local Environmental Initiatives (ICLEI)5 by Resolution No 1130

Scientific evidence and consensus continues to strengthen the idea that climate change is an urgent threat to the environmental and economic health of our communities Many cities in this country and abroad already have strong local policies and programs in place to reduce global warming pollution but more action is needed at the local state and federal levels to meet the challenge On February 16 2005 the Kyoto Protocol the international agreement to address climate change became law for the 141 countries that have ratified it to date On that day Seattle Mayor Greg Nickels launched an initiative to advance the goals of the Kyoto Protocol through leadership and action by at least 141 American cities

The State of Washington has also been taking steps to address the issues surrounding climate change In March 2008 the state legislature passed ESSHB 2815 which included monitoring and reporting mandates for state agencies along with the following emission reduction targets

Sec 3 (1)(a) The state shall limit emissions of greenhouse gases to achieve the following emission reductions for Washington state

(i) By 2020 reduce overall emissions of greenhouse gases in the state to 1990 levels

(ii) By 2035 reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels

(iii) By 2050 the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels or seventy percent below the states expected emissions that year

The City of Edmonds has formally approved the US Mayors Climate Protection Agreement which was endorsed by the 73rd Annual US Conference of Mayors meeting Chicago 2005 Under the Agreement participating cities commit to take three sets of actions which are included as the first three goals in this section

Packet Page 7 of 84

O U T L I N E D R A F T

Community Sustainability Element 4 20080703

Goal 1 Urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012 including efforts to reduce the United Statesrsquo dependence on fossil fuels and accelerate the development of clean economical energy resources and fuel-efficient technologies such as conservation methane recovery for energy generation waste to energy wind and solar energy fuel cells efficient motor vehicles and biofuels (alternative fuels)

Goal 2 Urge the US Congress to pass bipartisan greenhouse gas reduction legislation that 1) includes clear timetables and emissions limits and 2) a flexible market-based system of tradable allowances among emitting industries

Goal 3 Strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and community such as

i Inventory global warming emissions in City operations and in the community set reduction targets and create an action plan

ii Adopt and enforce land-use policies that reduce sprawl preserve open space and create compact walkable urban communities

iii Promote transportation options such as bicycle trails commute trip reduction programs incentives for car pooling and public transit

iv Increase the use of clean alternative energy by for example investing in ldquogreen tagsrdquo advocating for the development of renewable energy resources recovering landfill methane for energy production and supporting the use of waste to energy technology

v Make energy efficiency a priority through building code improvements retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money

vi Purchase only Energy Star equipment and appliances for City use

vii Practice and promote sustainable building practices using the US Green Building Councilrsquos LEED program or a similar system

viii Increase the average fuel efficiency of municipal fleet vehicles reduce the number of vehicles launch an employee education program including anti-idling messages convert diesel vehicles to bio-diesel

ix Evaluate opportunities to increase pump efficiency in water and wastewater systems recover wastewater treatment methane for energy production

Packet Page 8 of 84

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 4: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AM-1843 1B

Community Sustainability Element of the Comprehensive Plan

City Council Committee Meetings

Date 10142008

Submitted By Rob Chave Planning Time 30 Minutes

Department Planning Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on the Community Sustainability Element of the Comprehensive Plan

Recommendation from Mayor and Staff

Provide direction on the next steps to take in developing the plan

Previous Council Action

The Council met with members of the Planning Board and Climate Protection Committee in a joint

work session on this subject on September 23 2008

Narrative

The City Council has referred the Community Sustainability Element to the Committee to refine

and develop further Staff will be prepared to discuss some ideas and proposed next steps

Fiscal Impact

Attachments

Link Exhibit 1 Sustainability Element Outline Draft

Link Exhibit 2 City Council Minutes

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0825 AM APRV

2 Mayor Gary Haakenson 10102008 0830 AM APRV

3 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Rob

Chave Started On 10092008 0414

PM

Final Approval Date 10102008

Packet Page 4 of 84

O U T L I N E D R A F T

Community Sustainability Element 1 20080703

Comprehensive Plan Community Sustainability Element

Background Climate Change Community Health and Environmental Quality Introduction A relatively recent term ldquosustainabilityrdquo has many definitions A commonly cited definition is one put forward by the Brundtland Commission1 in a report of the World Commission on Environment and Development (December 11 1987) The Commission defined sustainable development as development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo Not focused solely on environmental sustainability the Commissionrsquos report emphasized the inter-related nature of environmental economic and social factors in sustainability One of the keys to success in sustainability is recognizing that decision-making must be based on an integration of economic with environmental and social factors

The City of Edmonds Comprehensive Plan contains a number of different elements some mandated by the Growth Management Act and others included because they are important to the Edmonds community This Community Sustainability Element is intended to provide a framework tying the other plan elements together illustrating how the overall plan direction supports sustainability within the Edmonds community

Goal 1 Develop land use policies programs and regulations designed to support and promote sustainability Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services recreation jobs and housing

Goal 2 Develop transportation policies programs and regulations designed to support and promote sustainability Take actions to reduce the use of fuel and energy in transportation and encourage alternate forms of transportation ndash supported by transportation facilities and accessibility throughout the community

Goal 3 Promote seamless transportation linkages between the Edmonds community and the rest of the Puget Sound region

Goal 4 Develop utility policies programs and maintenance measures designed to support and promote sustainability Maintain existing utility systems while seeking to expand the use of alternative energy and sustainable maintenance and building practices in city facilities

Goal 5 Develop economic development policies and programs designed to support and promote sustainability Encourage the co-location of jobs with housing in the community seeking to expand residentsrsquo ability to work in close proximity to their homes Encourage and support infrastructure initiatives and land use policies that encourage and support

Packet Page 5 of 84

O U T L I N E D R A F T

Community Sustainability Element 2 20080703

home-based work and business activities that supplement traditional business and employment concentrations

Goal 6 Develop cultural and recreational programs designed to support and promote sustainability Networks of parks walkways public art and cultural facilities and events should be woven into the communityrsquos fabric to encourage sense of place and the overall health and well being of the community

Goal 7 Develop housing policies programs and regulations designed to support and promote sustainability Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in life style Seek to form public and private partnerships to retain and promote affordable housing options

1 Report of the World Commission on Environment and Development UN General Assembly Plenary Meeting December 11 1987

Packet Page 6 of 84

O U T L I N E D R A F T

Community Sustainability Element 3 20080703

Climate Change Introduction The quality of the environment we live in is a critical part of what people often describe as the ldquocharacterrdquo of Edmonds Even if it is not something we overtly think about it is an intrinsic part of our everyday experience whether at work at rest or at play Until relatively recently environmental quality has often been thought of in terms of obvious easily observable characteristics ndash such as the visible landscape the quality of the air the presence and variety of wildlife or the availability and character of water in its various forms However recent evidence on climate change2 points to the potential fragility of our assumptions about the environment and the need to integrate and heighten the awareness of environmental issues as they are inter-related with all community policies and activities

Recognizing the importance of addressing the issues surrounding the environment and climate change in September 2006 the City of Edmonds formally expressed support for the Kyoto Protocol3 and adopted the US Mayors Climate Protection Agreement4 by Resolution No 1129 and joined the International Council for Local Environmental Initiatives (ICLEI)5 by Resolution No 1130

Scientific evidence and consensus continues to strengthen the idea that climate change is an urgent threat to the environmental and economic health of our communities Many cities in this country and abroad already have strong local policies and programs in place to reduce global warming pollution but more action is needed at the local state and federal levels to meet the challenge On February 16 2005 the Kyoto Protocol the international agreement to address climate change became law for the 141 countries that have ratified it to date On that day Seattle Mayor Greg Nickels launched an initiative to advance the goals of the Kyoto Protocol through leadership and action by at least 141 American cities

The State of Washington has also been taking steps to address the issues surrounding climate change In March 2008 the state legislature passed ESSHB 2815 which included monitoring and reporting mandates for state agencies along with the following emission reduction targets

Sec 3 (1)(a) The state shall limit emissions of greenhouse gases to achieve the following emission reductions for Washington state

(i) By 2020 reduce overall emissions of greenhouse gases in the state to 1990 levels

(ii) By 2035 reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels

(iii) By 2050 the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels or seventy percent below the states expected emissions that year

The City of Edmonds has formally approved the US Mayors Climate Protection Agreement which was endorsed by the 73rd Annual US Conference of Mayors meeting Chicago 2005 Under the Agreement participating cities commit to take three sets of actions which are included as the first three goals in this section

Packet Page 7 of 84

O U T L I N E D R A F T

Community Sustainability Element 4 20080703

Goal 1 Urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012 including efforts to reduce the United Statesrsquo dependence on fossil fuels and accelerate the development of clean economical energy resources and fuel-efficient technologies such as conservation methane recovery for energy generation waste to energy wind and solar energy fuel cells efficient motor vehicles and biofuels (alternative fuels)

Goal 2 Urge the US Congress to pass bipartisan greenhouse gas reduction legislation that 1) includes clear timetables and emissions limits and 2) a flexible market-based system of tradable allowances among emitting industries

Goal 3 Strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and community such as

i Inventory global warming emissions in City operations and in the community set reduction targets and create an action plan

ii Adopt and enforce land-use policies that reduce sprawl preserve open space and create compact walkable urban communities

iii Promote transportation options such as bicycle trails commute trip reduction programs incentives for car pooling and public transit

iv Increase the use of clean alternative energy by for example investing in ldquogreen tagsrdquo advocating for the development of renewable energy resources recovering landfill methane for energy production and supporting the use of waste to energy technology

v Make energy efficiency a priority through building code improvements retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money

vi Purchase only Energy Star equipment and appliances for City use

vii Practice and promote sustainable building practices using the US Green Building Councilrsquos LEED program or a similar system

viii Increase the average fuel efficiency of municipal fleet vehicles reduce the number of vehicles launch an employee education program including anti-idling messages convert diesel vehicles to bio-diesel

ix Evaluate opportunities to increase pump efficiency in water and wastewater systems recover wastewater treatment methane for energy production

Packet Page 8 of 84

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

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33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

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SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

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94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

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112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

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142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

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SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

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SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

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PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

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Packet Page 70 of 84

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Packet Page 80 of 84

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Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 5: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 1 20080703

Comprehensive Plan Community Sustainability Element

Background Climate Change Community Health and Environmental Quality Introduction A relatively recent term ldquosustainabilityrdquo has many definitions A commonly cited definition is one put forward by the Brundtland Commission1 in a report of the World Commission on Environment and Development (December 11 1987) The Commission defined sustainable development as development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo Not focused solely on environmental sustainability the Commissionrsquos report emphasized the inter-related nature of environmental economic and social factors in sustainability One of the keys to success in sustainability is recognizing that decision-making must be based on an integration of economic with environmental and social factors

The City of Edmonds Comprehensive Plan contains a number of different elements some mandated by the Growth Management Act and others included because they are important to the Edmonds community This Community Sustainability Element is intended to provide a framework tying the other plan elements together illustrating how the overall plan direction supports sustainability within the Edmonds community

Goal 1 Develop land use policies programs and regulations designed to support and promote sustainability Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services recreation jobs and housing

Goal 2 Develop transportation policies programs and regulations designed to support and promote sustainability Take actions to reduce the use of fuel and energy in transportation and encourage alternate forms of transportation ndash supported by transportation facilities and accessibility throughout the community

Goal 3 Promote seamless transportation linkages between the Edmonds community and the rest of the Puget Sound region

Goal 4 Develop utility policies programs and maintenance measures designed to support and promote sustainability Maintain existing utility systems while seeking to expand the use of alternative energy and sustainable maintenance and building practices in city facilities

Goal 5 Develop economic development policies and programs designed to support and promote sustainability Encourage the co-location of jobs with housing in the community seeking to expand residentsrsquo ability to work in close proximity to their homes Encourage and support infrastructure initiatives and land use policies that encourage and support

Packet Page 5 of 84

O U T L I N E D R A F T

Community Sustainability Element 2 20080703

home-based work and business activities that supplement traditional business and employment concentrations

Goal 6 Develop cultural and recreational programs designed to support and promote sustainability Networks of parks walkways public art and cultural facilities and events should be woven into the communityrsquos fabric to encourage sense of place and the overall health and well being of the community

Goal 7 Develop housing policies programs and regulations designed to support and promote sustainability Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in life style Seek to form public and private partnerships to retain and promote affordable housing options

1 Report of the World Commission on Environment and Development UN General Assembly Plenary Meeting December 11 1987

Packet Page 6 of 84

O U T L I N E D R A F T

Community Sustainability Element 3 20080703

Climate Change Introduction The quality of the environment we live in is a critical part of what people often describe as the ldquocharacterrdquo of Edmonds Even if it is not something we overtly think about it is an intrinsic part of our everyday experience whether at work at rest or at play Until relatively recently environmental quality has often been thought of in terms of obvious easily observable characteristics ndash such as the visible landscape the quality of the air the presence and variety of wildlife or the availability and character of water in its various forms However recent evidence on climate change2 points to the potential fragility of our assumptions about the environment and the need to integrate and heighten the awareness of environmental issues as they are inter-related with all community policies and activities

Recognizing the importance of addressing the issues surrounding the environment and climate change in September 2006 the City of Edmonds formally expressed support for the Kyoto Protocol3 and adopted the US Mayors Climate Protection Agreement4 by Resolution No 1129 and joined the International Council for Local Environmental Initiatives (ICLEI)5 by Resolution No 1130

Scientific evidence and consensus continues to strengthen the idea that climate change is an urgent threat to the environmental and economic health of our communities Many cities in this country and abroad already have strong local policies and programs in place to reduce global warming pollution but more action is needed at the local state and federal levels to meet the challenge On February 16 2005 the Kyoto Protocol the international agreement to address climate change became law for the 141 countries that have ratified it to date On that day Seattle Mayor Greg Nickels launched an initiative to advance the goals of the Kyoto Protocol through leadership and action by at least 141 American cities

The State of Washington has also been taking steps to address the issues surrounding climate change In March 2008 the state legislature passed ESSHB 2815 which included monitoring and reporting mandates for state agencies along with the following emission reduction targets

Sec 3 (1)(a) The state shall limit emissions of greenhouse gases to achieve the following emission reductions for Washington state

(i) By 2020 reduce overall emissions of greenhouse gases in the state to 1990 levels

(ii) By 2035 reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels

(iii) By 2050 the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels or seventy percent below the states expected emissions that year

The City of Edmonds has formally approved the US Mayors Climate Protection Agreement which was endorsed by the 73rd Annual US Conference of Mayors meeting Chicago 2005 Under the Agreement participating cities commit to take three sets of actions which are included as the first three goals in this section

Packet Page 7 of 84

O U T L I N E D R A F T

Community Sustainability Element 4 20080703

Goal 1 Urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012 including efforts to reduce the United Statesrsquo dependence on fossil fuels and accelerate the development of clean economical energy resources and fuel-efficient technologies such as conservation methane recovery for energy generation waste to energy wind and solar energy fuel cells efficient motor vehicles and biofuels (alternative fuels)

Goal 2 Urge the US Congress to pass bipartisan greenhouse gas reduction legislation that 1) includes clear timetables and emissions limits and 2) a flexible market-based system of tradable allowances among emitting industries

Goal 3 Strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and community such as

i Inventory global warming emissions in City operations and in the community set reduction targets and create an action plan

ii Adopt and enforce land-use policies that reduce sprawl preserve open space and create compact walkable urban communities

iii Promote transportation options such as bicycle trails commute trip reduction programs incentives for car pooling and public transit

iv Increase the use of clean alternative energy by for example investing in ldquogreen tagsrdquo advocating for the development of renewable energy resources recovering landfill methane for energy production and supporting the use of waste to energy technology

v Make energy efficiency a priority through building code improvements retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money

vi Purchase only Energy Star equipment and appliances for City use

vii Practice and promote sustainable building practices using the US Green Building Councilrsquos LEED program or a similar system

viii Increase the average fuel efficiency of municipal fleet vehicles reduce the number of vehicles launch an employee education program including anti-idling messages convert diesel vehicles to bio-diesel

ix Evaluate opportunities to increase pump efficiency in water and wastewater systems recover wastewater treatment methane for energy production

Packet Page 8 of 84

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

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112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 6: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 2 20080703

home-based work and business activities that supplement traditional business and employment concentrations

Goal 6 Develop cultural and recreational programs designed to support and promote sustainability Networks of parks walkways public art and cultural facilities and events should be woven into the communityrsquos fabric to encourage sense of place and the overall health and well being of the community

Goal 7 Develop housing policies programs and regulations designed to support and promote sustainability Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in life style Seek to form public and private partnerships to retain and promote affordable housing options

1 Report of the World Commission on Environment and Development UN General Assembly Plenary Meeting December 11 1987

Packet Page 6 of 84

O U T L I N E D R A F T

Community Sustainability Element 3 20080703

Climate Change Introduction The quality of the environment we live in is a critical part of what people often describe as the ldquocharacterrdquo of Edmonds Even if it is not something we overtly think about it is an intrinsic part of our everyday experience whether at work at rest or at play Until relatively recently environmental quality has often been thought of in terms of obvious easily observable characteristics ndash such as the visible landscape the quality of the air the presence and variety of wildlife or the availability and character of water in its various forms However recent evidence on climate change2 points to the potential fragility of our assumptions about the environment and the need to integrate and heighten the awareness of environmental issues as they are inter-related with all community policies and activities

Recognizing the importance of addressing the issues surrounding the environment and climate change in September 2006 the City of Edmonds formally expressed support for the Kyoto Protocol3 and adopted the US Mayors Climate Protection Agreement4 by Resolution No 1129 and joined the International Council for Local Environmental Initiatives (ICLEI)5 by Resolution No 1130

Scientific evidence and consensus continues to strengthen the idea that climate change is an urgent threat to the environmental and economic health of our communities Many cities in this country and abroad already have strong local policies and programs in place to reduce global warming pollution but more action is needed at the local state and federal levels to meet the challenge On February 16 2005 the Kyoto Protocol the international agreement to address climate change became law for the 141 countries that have ratified it to date On that day Seattle Mayor Greg Nickels launched an initiative to advance the goals of the Kyoto Protocol through leadership and action by at least 141 American cities

The State of Washington has also been taking steps to address the issues surrounding climate change In March 2008 the state legislature passed ESSHB 2815 which included monitoring and reporting mandates for state agencies along with the following emission reduction targets

Sec 3 (1)(a) The state shall limit emissions of greenhouse gases to achieve the following emission reductions for Washington state

(i) By 2020 reduce overall emissions of greenhouse gases in the state to 1990 levels

(ii) By 2035 reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels

(iii) By 2050 the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels or seventy percent below the states expected emissions that year

The City of Edmonds has formally approved the US Mayors Climate Protection Agreement which was endorsed by the 73rd Annual US Conference of Mayors meeting Chicago 2005 Under the Agreement participating cities commit to take three sets of actions which are included as the first three goals in this section

Packet Page 7 of 84

O U T L I N E D R A F T

Community Sustainability Element 4 20080703

Goal 1 Urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012 including efforts to reduce the United Statesrsquo dependence on fossil fuels and accelerate the development of clean economical energy resources and fuel-efficient technologies such as conservation methane recovery for energy generation waste to energy wind and solar energy fuel cells efficient motor vehicles and biofuels (alternative fuels)

Goal 2 Urge the US Congress to pass bipartisan greenhouse gas reduction legislation that 1) includes clear timetables and emissions limits and 2) a flexible market-based system of tradable allowances among emitting industries

Goal 3 Strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and community such as

i Inventory global warming emissions in City operations and in the community set reduction targets and create an action plan

ii Adopt and enforce land-use policies that reduce sprawl preserve open space and create compact walkable urban communities

iii Promote transportation options such as bicycle trails commute trip reduction programs incentives for car pooling and public transit

iv Increase the use of clean alternative energy by for example investing in ldquogreen tagsrdquo advocating for the development of renewable energy resources recovering landfill methane for energy production and supporting the use of waste to energy technology

v Make energy efficiency a priority through building code improvements retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money

vi Purchase only Energy Star equipment and appliances for City use

vii Practice and promote sustainable building practices using the US Green Building Councilrsquos LEED program or a similar system

viii Increase the average fuel efficiency of municipal fleet vehicles reduce the number of vehicles launch an employee education program including anti-idling messages convert diesel vehicles to bio-diesel

ix Evaluate opportunities to increase pump efficiency in water and wastewater systems recover wastewater treatment methane for energy production

Packet Page 8 of 84

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 7: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 3 20080703

Climate Change Introduction The quality of the environment we live in is a critical part of what people often describe as the ldquocharacterrdquo of Edmonds Even if it is not something we overtly think about it is an intrinsic part of our everyday experience whether at work at rest or at play Until relatively recently environmental quality has often been thought of in terms of obvious easily observable characteristics ndash such as the visible landscape the quality of the air the presence and variety of wildlife or the availability and character of water in its various forms However recent evidence on climate change2 points to the potential fragility of our assumptions about the environment and the need to integrate and heighten the awareness of environmental issues as they are inter-related with all community policies and activities

Recognizing the importance of addressing the issues surrounding the environment and climate change in September 2006 the City of Edmonds formally expressed support for the Kyoto Protocol3 and adopted the US Mayors Climate Protection Agreement4 by Resolution No 1129 and joined the International Council for Local Environmental Initiatives (ICLEI)5 by Resolution No 1130

Scientific evidence and consensus continues to strengthen the idea that climate change is an urgent threat to the environmental and economic health of our communities Many cities in this country and abroad already have strong local policies and programs in place to reduce global warming pollution but more action is needed at the local state and federal levels to meet the challenge On February 16 2005 the Kyoto Protocol the international agreement to address climate change became law for the 141 countries that have ratified it to date On that day Seattle Mayor Greg Nickels launched an initiative to advance the goals of the Kyoto Protocol through leadership and action by at least 141 American cities

The State of Washington has also been taking steps to address the issues surrounding climate change In March 2008 the state legislature passed ESSHB 2815 which included monitoring and reporting mandates for state agencies along with the following emission reduction targets

Sec 3 (1)(a) The state shall limit emissions of greenhouse gases to achieve the following emission reductions for Washington state

(i) By 2020 reduce overall emissions of greenhouse gases in the state to 1990 levels

(ii) By 2035 reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels

(iii) By 2050 the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels or seventy percent below the states expected emissions that year

The City of Edmonds has formally approved the US Mayors Climate Protection Agreement which was endorsed by the 73rd Annual US Conference of Mayors meeting Chicago 2005 Under the Agreement participating cities commit to take three sets of actions which are included as the first three goals in this section

Packet Page 7 of 84

O U T L I N E D R A F T

Community Sustainability Element 4 20080703

Goal 1 Urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012 including efforts to reduce the United Statesrsquo dependence on fossil fuels and accelerate the development of clean economical energy resources and fuel-efficient technologies such as conservation methane recovery for energy generation waste to energy wind and solar energy fuel cells efficient motor vehicles and biofuels (alternative fuels)

Goal 2 Urge the US Congress to pass bipartisan greenhouse gas reduction legislation that 1) includes clear timetables and emissions limits and 2) a flexible market-based system of tradable allowances among emitting industries

Goal 3 Strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and community such as

i Inventory global warming emissions in City operations and in the community set reduction targets and create an action plan

ii Adopt and enforce land-use policies that reduce sprawl preserve open space and create compact walkable urban communities

iii Promote transportation options such as bicycle trails commute trip reduction programs incentives for car pooling and public transit

iv Increase the use of clean alternative energy by for example investing in ldquogreen tagsrdquo advocating for the development of renewable energy resources recovering landfill methane for energy production and supporting the use of waste to energy technology

v Make energy efficiency a priority through building code improvements retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money

vi Purchase only Energy Star equipment and appliances for City use

vii Practice and promote sustainable building practices using the US Green Building Councilrsquos LEED program or a similar system

viii Increase the average fuel efficiency of municipal fleet vehicles reduce the number of vehicles launch an employee education program including anti-idling messages convert diesel vehicles to bio-diesel

ix Evaluate opportunities to increase pump efficiency in water and wastewater systems recover wastewater treatment methane for energy production

Packet Page 8 of 84

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 8: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 4 20080703

Goal 1 Urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012 including efforts to reduce the United Statesrsquo dependence on fossil fuels and accelerate the development of clean economical energy resources and fuel-efficient technologies such as conservation methane recovery for energy generation waste to energy wind and solar energy fuel cells efficient motor vehicles and biofuels (alternative fuels)

Goal 2 Urge the US Congress to pass bipartisan greenhouse gas reduction legislation that 1) includes clear timetables and emissions limits and 2) a flexible market-based system of tradable allowances among emitting industries

Goal 3 Strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and community such as

i Inventory global warming emissions in City operations and in the community set reduction targets and create an action plan

ii Adopt and enforce land-use policies that reduce sprawl preserve open space and create compact walkable urban communities

iii Promote transportation options such as bicycle trails commute trip reduction programs incentives for car pooling and public transit

iv Increase the use of clean alternative energy by for example investing in ldquogreen tagsrdquo advocating for the development of renewable energy resources recovering landfill methane for energy production and supporting the use of waste to energy technology

v Make energy efficiency a priority through building code improvements retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money

vi Purchase only Energy Star equipment and appliances for City use

vii Practice and promote sustainable building practices using the US Green Building Councilrsquos LEED program or a similar system

viii Increase the average fuel efficiency of municipal fleet vehicles reduce the number of vehicles launch an employee education program including anti-idling messages convert diesel vehicles to bio-diesel

ix Evaluate opportunities to increase pump efficiency in water and wastewater systems recover wastewater treatment methane for energy production

Packet Page 8 of 84

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 9: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 5 20080703

x Increase recycling rates in City operations and in the community

xi Maintain healthy urban forests promote tree planting to increase shading and to absorb CO2 and

xii Help educate the public schools other jurisdictions professional associations business and industry about reducing global warming pollution

Goal 4 Inventory and monitor community greenhouse gas emissions and carbon footprint baselines establishing baselines and monitoring programs to measure future progress and program needs These should be established for both city government as an exemplary actor and for the community as a whole

Goal 5 Establish targets for reducing greenhouse gas emissions and promoting sustainability for both city government and the Edmonds community Regularly assess progress and program needs identifying opportunities and obstacles for meeting greenhouse gas emission targets and sustainability

Goal 6 Assess the risks and potential impacts on city government operations due to climate change

Goal 7 Assess the risks and potential impacts on the Edmonds community due to climate change

Goal 8 Work with public and private partners to develop strategies and programs to prepare for and mitigate the potential impacts of climate change both on city government operations and on the general Edmonds community

Goal 9 Develop mitigation strategies that can be used by both the public and private sectors to help mitigate the potential impacts of new and ongoing development and operations

Goal 10 Develop a strategic plan that will help guide and focus City resources and program initiatives to (1) reduce greenhouse gas production and the carbon footprint of City government and the Edmonds community and (2) reduce and minimize the potential risks of climate change The strategic plan should be coordinated with and leverage state and regional goals and initiatives but the Edmonds should look for and take the lead where we see opportunities unique to the Edmonds community

Packet Page 9 of 84

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 73 of 84

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Packet Page 75 of 84

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Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 10: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 6 20080703

2 For example see the Fourth Assessment Report Climate Change 2007 Synthesis Report by the Intergovernmental Panel on Climate Change February 2007 3 The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto Japan on 11 December 1997 and established potentially binding targets and timetables for cutting the greenhouse-gas emissions of industrialized countries The Kyoto Protocol has not been ratified by the US government 4 The US Mayors Climate Protection Agreement is as amended by the 73rd Annual US Conference of Mayors meeting in Chicago in 2005 5 ICLEI was founded in 1990 as the International Council for Local Environmental Initiatives following the World Congress of Local Governments for a Sustainable Future held at the United Nations in New York

Packet Page 10 of 84

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 11: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 7 20080703

Community Health Introduction Community health as it is used here means the overall aspects of public facilities and actions that can have an effect on the health and welfare of the communityrsquos citizens The focus here is on the public realm understanding that public actions and policies can have an impact on the well-being of Edmonds citizens The idea is that whenever possible government should provide opportunities for people so that they can be as self-sustaining as possible thereby reducing the potential need for intervention from community-based or privately-derived services ndash services which are becoming increasingly costly and difficult to provide

Community health can to some extent be encouraged by promoting environmental quality Clean water and clean air are a basic necessity when seeking to keep people healthy However there are certain land use and other actions that Edmonds can take to help promotendash or at least provide the opportunity for its citizens to take part in ndash healthy lifestyles In addition government has a role in encouraging the provision of basic services such as police and fire protection while encouraging access to affordable housing and opportunities to live work and shop close to home

Goal 1 Develop a reporting and monitoring system of indicators designed to assess Edmondsrsquo progress toward sustainable community health

Goal 2 Promote a healthy community by seeking to protect and enhance the natural environment through a balanced program of education regulation and incentives Environmental programs in Edmonds should be tailored to and reflect the unique opportunities and challenges embodied in a mature sea-side community with a history of environmental protection and awareness

Goal 3 Promote a healthy community by encouraging and supporting diversity in culture and the arts

Goal 4 Promote a healthy community by encouraging and supporting a diverse and creative education system providing educational opportunities for people of all ages and all stages of personal development

Goal 5 Promote a healthy community by encouraging and supporting access to recreation

Goal 6 Promote a healthy community by planning for and implementing a connected system of walkways and bikeways which will provide alternative forms of transportation while also encouraging recreation exercise and exposure to the natural environment

Goal 7 Promote a healthy community through supporting and encouraging the development of economic opportunities for all Edmondsrsquo citizens Sustainable economic

Packet Page 11 of 84

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 12: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 8 20080703

health should be based on encouraging a broad range of economic activity with an emphasis on locally-based businesses and economic initiatives which provide family-supporting wages and incomes

Goal 8Promote food security and public health by encouraging locally-based food production distribution and choice through the support of home and community gardens farmers or public markets and other small-scale collaborative initiatives

Goal 9 Maximize the efficiency and reduction of energy consumption derived from waste streams by promoting programs and education initiatives aimed at a goal to ldquoreduce re-use and recyclerdquo at an individual and community-wide level

Goal 10 Encourage the production and preservation of affordable housing

Goal 11 Encourage the provision of a variety of types and styles of housing that will support and accommodate different citizensrsquo needs and life styles The diversity of people living in Edmonds should be supported by a diversity of housing so that all citizens can find suitable housing now and as they progress through changes in their households and life stages

Goal 12 Plan for and prepare disaster preparedness plans which can be implemented as necessary to respond effectively to the impacts of natural or man-induced disasters on Edmonds residents

Goal 13 Prepare and implement hazard mitigation plans to reduce and minimize to the extent feasible the exposure of Edmonds citizens to future disasters or hazards

Goal 14 Support a healthy community by providing a full range of public services and infrastructure Future planning and budgeting should be based on full life-cycle cost analysis and facility maintenance needs as well as standards of service that best fit clearly articulated and supported community needs

Packet Page 12 of 84

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 75 of 84

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Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 13: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 9 20080703

Environmental Quality Introduction The environmental quality of the City of Edmonds is defined in many respects by the communityrsquos location on the shores of Puget Sound The cityrsquos watersheds provide a rich and diverse water resource evidenced by the numerous year-round streams and Lake Ballinger which besides being a well-known landmark is an important environmental resource because of its ecological benefits and open space quality

As Edmonds has urbanized what was once abundant natural vegetation has become increasingly scarce The cityrsquos woodlands marshes and other areas containing natural vegetation provide an important resource which should be preserved Woodlands help stabilize soils on steep slopes and act as barriers to wind and sound Natural vegetation provides habitat for wildlife Plants replenish the soil with nutrients and help stabilize slopes and reduce surface runoff They generate oxygen and clean pollutants from the air

The beauty of landscaped areas whether natural or human-induced provides pleasing vistas and helps to buffer one development from another These natural vistas break up and soften the urban landscape helping to distinguish one neighborhood from another and introduce relief and differentiation into highly developed land

Wildlife is a natural resource with great intrinsic value that also enhances the aesthetic quality of human life Areas where natural vegetation provides wildlife habitat are good sites for nature trails and for other recreational and educational opportunities The natural habitat on city beaches and in the near-shore environment represent unique habitats for marine organisms Streams lakes and saltwater areas offer habitats for many species of migrating and resident bird life Wooded areas and city parks provide habitats for many birds and mammals The combination of marine estuarine and upland environments should be seen as an integrated and inter-dependent ecosystem supporting a variety of wildlife valuable to the entire Edmonds community

Goal 1 Protect environmental quality within the Edmonds community through the enforcement of community-based environmental regulations that reinforce and are integrated with relevant regional state and national environmental standards

Goal 2 Promote the improvement of environmental quality within the Edmonds community by designing and implementing programs based on a system of incentives and public education

Goal 3 Develop monitor and enforce critical areas regulations designed to enhance and protect environmentally sensitive areas within the city consistent with the best available science

Goal 4 Develop implement and monitor a shoreline master program consistent with state law to enhance and protect the quality of the shoreline environment consistent with the best available science

Packet Page 13 of 84

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

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Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 14: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 10 20080703

Goal 5 Adopt a system of codes standards and incentives to promote development that achieves growth management goals while maintaining Edmondsrsquo community character and charm in a sustainable way Holistic solutions should be developed that employ such techniques as Low Impact Development (LID) ldquoComplete Streetsrdquo form-based zoning and other techniques to assure that future development and redevelopment enhances Edmondsrsquo character and charm for future generations to enjoy

Packet Page 14 of 84

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 15: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 11 20080703

[NOTE THE FOLLOWING ARE EXISTING GOALSPOLICIES FOUND IN THE COMPREHENSIVE PLAN]

B Goal Water Resources

C Goal Natural Vegetation The city should ensure that its woodlands marshes and other areas containing natural vegetation are preserved in accordance with the following policies

C1 Critical areas will be designated and protected using the best available science pursuant to RCW 3670A172

C2 The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils Subdivision layouts buildings and roads should be designed so that existing trees are preserved

C3 Trees that are diseased damaged or unstable should be removed

C4 Grading should be restricted to building pads and roads only Vegetation outside these areas should be preserved

D Goal Wildlife The city should promote and increase public awareness and pride in its wildlife heritage Special emphasis should be directed toward preserving the natural habitats (woodlands marshes streams and beaches) of the cityrsquos wildlife in accordance with the following policies

D1 Establish and maintain a variety of educational and recreational programs and activities for all age levels

D2 Erect and maintain an educational display that identifies some of the more common plants and animals and the ecology of major habitats (ie sand rock piling and deepwater)

D3 Establish and publicize regulations prohibiting removal of marine life from beach areas without a permit the permit should be for educational and research use only

D4 Encourage landscaping and site improvement on city-owned property which recognizes the dependency of some species upon certain types of vegetation for food and cover

D5 City park property which serves as a habitat for wildlife should be left natural with minimum development for nature trail type of use

E Goal Air Pollution Air pollution can cause severe health effects and property damage under certain conditions Although air quality is primarily a regional problem related to urbanization and meteorological conditions in the Puget Sound Basin it is the

Packet Page 15 of 84

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

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Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 16: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

O U T L I N E D R A F T

Community Sustainability Element 12 20080703

result of activities in which most citizens participate ndash and therefore the solutions must be shared by all citizens Clean air is a right to all citizens of the City of Edmonds and should be protected and maintained in accordance with the following policies

E1 Discourage expansion of arterials which will substantially increase line sources of pollution

E2 Encourage arrangement of activities which will generate the fewest necessary automobile trip miles while avoiding undue concentration of like uses

E3 Support through political action strong enforcement policies and implementation by the regional pollution control agencies

E4 Support by political action and financial participation the establishment of public transportation in the community as an alternative to dependence on individual vehicles

E5 Encourage and support commute trip reduction programs for employers

Packet Page 16 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 17: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Edmonds City Council Draft Minutes

September 23 2008 Page 7

Councilmember Wilson asked whether there was any preference among the Chiefs in South Snohomish County for a centralized approach similar to the Snohomish County Jail versus a decentralized facility Chief Compaan commented Lynnwood may have an interest as they already operate a jail although they have limited ability to expand at their present location Marysville has an interest and the former Indian Ridge Correction Center in northeast Snohomish County that is owned by the State is also an option 8 WORK SESSION WITH THE CLIMATE PROTECTION COMMITTEE AND THE PLANNING

BOARD ON THE COMMUNITY SUSTAINABILITY ELEMENT OF THE COMPREHENSIVE PLAN

Mayor Haakenson recalled when the Climate Protection Committee (CPC) last reported to the Council the Council asked to have a joint meeting with the Planning Board to discuss next steps the direction the Council wanted to take with regard to green policies etc This was an opportunity for the City Council to dialogue with the Planning Board and for the Planning Board and CPC to share their thoughts Planning Manager Rob Chave explained the intent to create a new Community Sustainability Comprehensive Plan element He explained one of the common definitions of sustainability was development that ldquomeets the needs of the present without compromising the ability of future generations to meet their own needsrdquo He emphasized the effort was not focused solely on environmental sustainability but the connection between environmental economic and social factors that contribute to a sustainable community Mr Chave identified existing Comprehensive Plan elements - Land Use Transportation Parks Capital Facilities Utilities Housing and Culture amp Urban Design - elements that are mandated by the Growth Management Act (GMA) with the exception of Culture amp Urban Design This would be a new Sustainability element not required by GMA that would address climate change community health and environmental quality He pointed out community health was a critical factor in sustainability He identified topics that would be addressed in the Sustainability element

bull Climate Change - US Mayors Climate Protection Agreement inventories amp reduction targets risk assessment amp risk mitigation strategic plan for allocating city resources amp operations

bull Community Health - Healthy Communities Initiatives links to other Comprehensive Plan elements energy education local economy food amp local markets disaster preparedness

bull Environmental Quality - environmental regulation incentive programs education programs and community character

He emphasized the importance of economics in sustainability something the City needed to consider in its budget decisions He recommended a broad holistic look at sustainability Decision points for consideration at this eveningrsquos meeting include

1 What process to follow ndash Council-driven or Planning Board driven

2 Does the overall approach and organization make sense ndash Framework and lsquofitrsquo within existing plan

3 Are the subjects on target ndash Important subjects not on the list ndash Subjects you donrsquot want on the list

Planning Board Members Michael Bowman John Dewhirst Judith Works Dan Henderson John Reed and Jim Young Climate Protection Committee Members Linda Carl Carolyn Chapel and Hank Landau Councilmembers and staff introduced themselves

Packet Page 17 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 77 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 18: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Edmonds City Council Draft Minutes

September 23 2008 Page 8

Planning Board Vice Chair Michael Bowman commented after reading the outline draft he found the scope mind boggling He recalled when this was first considered by the Planning Board his concerns were the scope how to pay for this effort in the current tight budget and who would drive the process Planning Board Member Judith Works agreed the scope was very broad and recommended establishing some priorities with regard to what issues to address first She agreed cost was also an important consideration and suggested consideration be given to how some of the work could be accomplished without extra cost Planning Board Member Dewhirst commented his concern was everything seemed to have equal weight therefore some prioritization would be necessary Councilmember Bernheim suggested the following priorities car reduction implementation of green zoning for planning as well as energy conservation use of green energy by the City and promoting conservation programs He supported having a Council-driven process over the next decade commenting if the intent was to reduce greenhouse gases the necessary programs needed to be established CPC Member Carolyn Chapel agreed when this was presented to the CPC it appeared to be a broad structure She felt it could reference when making decisions regarding purchases or developing regulations CPC Member Hank Landau agreed the draft was a very comprehensive program noting it was difficult to keep abreast of all the development occurring with regard to climate change He suggested learning from others noting one of the largest efforts was the Governorrsquos appointed Climate Action Team who developed preliminary recommendations in ten areas related to climate change Those recommendations are being finalized and will be presented to the Governor at the end of the year The Governor will then select the items to be forwarded on to the legislature He suggested getting in sync with the State and learning from the Climate Action Teamrsquos efforts He noted it was also desirable to research what other municipalities were doing Mr Chave suggested addressing the broadest goal-based material first such as was contained in the outline draft He suggested first determining if the goals in the outline draft were the right goals and then identifying specific goals to develop further For example the Council could select certain goals and develop policy statements programs etc and could assign other goals to the Planning Board the Climate Protection Committee the Arts Commission etc The Council Committees could also work on certain goals He suggested identifying a set of overall goals and adopting them as the initial step toward a Sustainability element The next step would be to develop policy statements etc for those goals Board Member Works suggested focusing on 1-2 issues at a time by having a ldquoyear ofrdquo that could involve citizens such as the year of less emissions or less driving Mr Chave commented establishing a set of goals would also establish a structure for citizen feedback Council President Plunkett relayed the Planning Boardrsquos concern with doing a great deal of work on the Sustainability element without direction from the Council He referred to Mr Chaversquos suggestion for the Council to identify the goals before the Planning Board did any further work Board Member Bowman agreed commenting the scope was so large it was difficult to envision that much progress could be made in the near future Because of the Cityrsquos budgetary constraints he preferred to identify issues that could be addressed at a low cost In his experience most people wanted to be green as long as it did not cost more or change their lifestyle

Packet Page 18 of 84

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 19: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Edmonds City Council Draft Minutes

September 23 2008 Page 9

Council President Plunkett invited the CPCrsquos input regarding the process Committee Member Chapel commented at the last meeting they saw the results of the study that analyzed sources of Edmonds emissions One of the primary sources of emissions was buildings which was a logical thing for the Planning Board to work on such as whether insulation requirements should be increased etc Councilmember Wilson recommended the Community ServicesDevelopment Services consider the outline draft and identify tiers of goals and present that to the full Council prior to seeking input from the Planning Board and Climate Protection Committee He referred to a goal regarding inventorying the urban forests noting this was a service available via the Cityrsquos membership in the Cascade Land Conservancy and suggested allocating a small amount in the budget for that effort Mayor Haakenson commented the CPC had not discussed the process as it was the Councilrsquos responsibility to set the policy and determine the direction to take The CPC mission has been to educate the public work with other entities about what they are doing determine the Cityrsquos carbon footprint and how to reduce it in the future as well as determining residential carbon footprints Board Member Don Henderson commented there were two parts to the code new buildings and renovations Encouraging a property owner to retrofit an existing building would require financial incentives which may have financial implications to the City Councilmembers agreed with a Council-driven process beginning with the Community ServicesDevelopment Services Committee working on the goals and bringing them to the Council With regard to the question of whether the overall approach and organization makes sense Mr Chave suggested this question could be revisited after the Community ServicesDevelopment Services Committeersquos discussion He invited Councilmembers Planning Board Members and CPC Members to identify any goals that were not included in the outline draft Councilmember Wilson commented some of the statements in the outline draft were not goals but rather principles strategies or outcomes He suggested the Community ServicesDevelopment Services Committee reorganize the outline draft into principles strategies and outcomes Board Member Dewhirst agreed and suggested it be formatted like the other Comprehensive Plan elements with goals and policies He also suggested each section also have a preamble Development Services Director Duane Bowman commented the Sustainability element would also assist the City in meeting the requirements of the federally mandated Phase 2 NPDES Permit Councilmember Wilson questioned if the outline draft sufficiently addressed affordable housing and suggested it be a standalone section Mr Chave stated there was already a Housing element in the Comprehensive Plan The Sustainability element would not require major revisions to the other elements but was a way to link the elements to ensure they worked together He envisioned the assessment of the Sustainability element may result in revisions to the goals and policies in other elements Committee Member Landau clarified it was not his intent that the City get ahead of the State He envisioned the State would develop mandates by becoming knowledgeable about the mandates Edmonds would have an opportunity to influence the mandates And for the mandates that passed Edmonds would have an opportunity to get ahead of the curve and possibly identify efficiencies in implementation He commented another aspect he has considered in his position as a consultant was how businesses could benefit from these changes such as how jobs can be created how citizensrsquo lives and incomes could be improved and costs reduced in satisfying the requirements related to climate change

Packet Page 19 of 84

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 20: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AM-1836 1C

Replacement of Power Poles Chapter 1805

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 20 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Review possible amendments to ECDC Chapter 1805 Utility Wires regarding replacement of

power poles

Recommendation from Mayor and Staff

Forward and recommend approval of the draft code amendment to the City Council

Previous Council Action

In 2006 under Ordinance 3580 the City Council approved amendments to Chapter 1805 dealing

with antennas attached to power poles as part of our wireless regulations

Narrative

Recently a Snohomish County PUD power pole was replaced in a Seaview area neighborhood in

the 8300 block of 188th St SW The power pole was replaced due the addition of wireless

antennas being added by T -Mobile Because these are considered micro-cells no public notice

was required to be given regarding the permit The surrounding residents became quite upset

when they discovered the construction of the replacement pole was a large steel industrial type

pole and not the normal wooden poles found throughout the neighborhood

While it is too late to anything about this specific pole it does seem appropriate to rethink our

current regulations to prevent this from occurring in the future Exhibit 1 is a draft of proposed

language changes for Chapter 1805 which will address a lot of the concerns raised by citizens

The draft language requires replacement poles in single family residential zones to be wooden

Further conduit is required to be painted to match the pole Lastly when an wireless antenna is

proposed to be added to a power pole a neighborhood informational meeting is required to be

held prior to installation and approval of the City

Fiscal Impact

Attachments

Link Exhibit 1 - Proposed Amendments to ECDC Chapter 1805

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 Engineering Robert English 10092008 0438 PM APRV

2 Public Works Noel Miller 10092008 0446 PM APRV

Packet Page 20 of 84

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 21: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

3 City Clerk Sandy Chase 10102008 0825 AM APRV

4 Mayor Gary Haakenson 10102008 0830 AM APRV

5 Final Approval Sandy Chase 10102008 0832 AM APRV

Form Started By Duane

Bowman Started On 10082008 0252

PM

Final Approval Date 10102008

Packet Page 21 of 84

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

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112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 80 of 84

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Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 22: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Chapter 1805 UTILITY WIRES

Sections 1805000 Scope 1805010 Underground requirements 1805020 Cost 1805030 Design standards 1805040 Variances 1805050 Existing city franchises not affected

1805000 Scope A This chapter shall be interpreted to require all new or extended utilities to be

underground except when exempted by this section 1 ldquoUtilitiesrdquo shall mean all equipment used to deliver services by a utility such as

electricity telephone or cable television 2 ldquoCommon utilitiesrdquo shall mean utilities which serve more than one lot or

commercial development 3 ldquoPrivate utility servicesrdquo shall mean the utilities which connect a lot or

commercial development with common utilities 4 ldquoUtilityrdquo shall mean the person agency corporation or other organization

providing utility service 5 ldquoExisting utility userdquo shall mean the existing utility service as judged in three

categories number of poles number of lines and height of poles within the project area for which the permit is sought

6 ldquoNew or extended utilitiesrdquo shall mean only utilities which are being built or extended to serve a new commercial industrial or multifamily residential development which has not had that type of utility service or to serve a new single-family residential subdivision

a This definition shall not include i Temporary extensions of service for construction purposes ii Additions to any existing aboveground utility system where such

additions are not for the purpose of serving new commercial development or a single-family residential subdivision nor

iii Rebuilding or replacing existing common utilities provided that the rebuilt or replaced structures do not expand the existing utilitys use within the project area by 10 percent except as provided in ECDC 1805030(B)(3) for wireless facilities ldquoExpansionrdquo shall include the number and height of poles as well as the number of wires or cable carried thereon

b All utility services sought to be constructed as temporary services additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the community services director Any utility service found to be a ldquonew or extendedrdquo service or an ldquoexpandedrdquo service shall be reviewed as herein provided

7 ldquoMultifamily residentialrdquo shall mean development intended for use as apartments duplexes condominiums or planned residential development

8 ldquoProject areardquo shall mean the actual area in which the project is proposed and shall include all structures or facilities actually physically impacted by the improvement as well as any necessary appurtenant or accessory structures

B Exemptions The following are exempt from the underground requirement of ECDC 1805010 but are still subject to the design standards of ECDC 1805030

1 Electric utility substations padmounted transformers and switching facilities

Packet Page 22 of 84

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 80 of 84

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Packet Page 82 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 23: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

2 Electrical utilities of more than 55 kilovolts 3 Communication utilities not located on or along a public street right-of-way or

private access easement 4 Street light poles 5 Telephone pedestals and similar devices 6 Police and fire sirens traffic-control devices and other similar municipal

equipment 7 Communication antennas which meet current FCC requirements if any [Ord

3580 sect 1 2006 Ord 2491 1985]

1805010 Underground requirements A City-Wide Requirements

1 All new or extended utilities shall be undergrounded 2 Whenever an existing aboveground private utility service connecting to

underground common utilities is rebuilt or relocated it shall be put underground All private utility services installed after the effective date of this ordinance shall be underground

3 Whenever a wireless facility is proposed to be added to a PUD transmission pole within the City right-of-way the wireless facility proponent shall conduct a neighborhood informational meeting prior to any permit approval by the city Written notice of the meeting shall be given to all property owners within 300 feet of the proposed wireless facility a minimum of twenty (20) calendar days prior to installation

B Business and Commercial Areas ndash Additional Requirements 1 Business and Commercial areas include all land in the BN BC CW and CG

zone districts 2 Whenever a building or commercial development in a business and

commercial area has additions alterations or repairs which exceed 50 percent of its value in a one-year period its private utility service shall be put underground

C Publicly Owned Facilities Publicly owned facilities shall meet the requirements applicable to business and commercial areas [Ord 2498 1985 Ord 2491 1985]

1805020 Cost The city shall not pay any of the cost of installing underground utilities unless there is

a contractual agreement between the city the utility andor the owners of the property to be served If there is no contractual agreement and the utility has no filed tariffs rules or regulations or published policies any financing method not prohibited by state law may be used including but not limited to the local improvement district andor ULID methods [Ord 2491 1985]

1805030 Design standards A Underground Utilities

1 All utilities shall be installed in accordance with all applicable national state and city standards

2 Where different utilities are planned or required in the same corridor each utility shall make every effort to locate all the utilities in common joint trenches

B Aboveground Utilities 1 The architectural design board shall review and make recommendations on all

plans of aboveground utilities before a building permit or other construction permit is issued The review of the board shall be limited to the following criteria

a All aboveground utilities except poles appurtenances and overhead pole lines shall be enclosed within a building or shall be completely screened year round with

Packet Page 23 of 84

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 78 of 84

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Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 24: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

a combination of landscaping or walls fences etc provided that adequate access for use and maintenance through said screening may be reserved by the utility

Landscape screening shall be visually solid and at least as high as the equipment to be screened within five years of the installation of the equipment The owner of the property on which the aboveground utilities are located shall install and permanently maintain the enclosure and screening Aboveground facilities needed for underground utilities serving one single-family dwelling and low profile mini-pad transformers are exempt from this screening requirement

b Space frames and structures and conductors holding aboveground utilities shall have a neat and uncluttered appearance

2 Where the construction of any common or private utility service shall require a variance from some other provision of the Edmonds Community Development Code the architectural design board shall note the need for a variance and shall defer any decision or recommendation to the hearing examiner

3 A PUD transmission pole may be extended or replaced with a new pole that is made of the same material as the pole that is to be replaced except in residential zones all replacement poles must be wood An existing or new pole may be increased in height to allow one wireless carrier to mount antennas The new pole height may be increased by no more than the sum of the height of the wireless antennas plus 15 feet of vertical separation from the power lines The 15-foot vertical separation is intended to allow wireless carriers to comply with PUD requirements for separation between their transmission line and the carriers antennas Conduit placed upon the pole serving a wireless facility must be painted a color to closely match the pole color All other components of the wireless facility must comply with Chapter 2050 ECDC Wireless Communications Facilities PUD transmission poles are those poles which are carrying 50 kV or greater power lines [Ord 3580 sect 2 2006 Ord 2491 1985]

1805040 Variances Applications for variances from the underground requirements of this chapter shall be

reviewed by the community services director in accordance with the optional hearing provisions contained in ECDC 2095050 For the purposes of this chapter the special circum-

stances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public [Ord 2498 1985 Ord 2491 1985]

Code revisers note Variance fee for underground wiring shall be as set in Chapter 1500 ECDC

1805050 Existing city franchises not affected The provisions of this chapter do not and shall not be interpreted to waive any right

enjoyed by the city with respect to any franchisee nor to waive the obligations created by any franchise In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance said franchise provision shall control [Ord 2640 sect 1 1987]

Deleted on an existing structure

Packet Page 24 of 84

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 73 of 84

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Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 25: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AM-1837 1D

Commercial Uses Rentals Single Family Zones

City Council Committee Meetings

Date 10142008

Submitted By Duane Bowman Development Services Time 10 Minutes

Department Development Services Type Action

Committee CommunityDevelopment Services

Information

Subject Title

Discussion on commercial uses in residential zones related to house rentals

Recommendation from Mayor and Staff

Direct City Attorney to prepare interim zoning ordinance for review by the City Council

Previous Council Action

Narrative

The City has run into an issue where a property owner is renting a large house out for parties

conferences and weddings on a daily weekly or monthly rental in a single family zoned

neighborhood Problems with noise parking and traffic have been associated with the rental of

the house Staff believes that there should be some clarification of our standards for rentals in

single family zones Staff will be present to answer questions

Fiscal Impact

Attachments

No file(s) attached

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0346 PM APRV

2 Mayor Gary Haakenson 10082008 0350 PM APRV

3 Final Approval Sandy Chase 10082008 0353 PM APRV

Form Started By Duane

Bowman Started On 10082008 0324

PM

Final Approval Date 10082008

Packet Page 25 of 84

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

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Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 26: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AM-1811 2A

Professional Services Contract - Prosecutor

City Council Committee Meetings

Date 10142008

Submitted By Debi Humann Human Resources Time 10 Minutes

Department Human Resources Type Action

Committee Finance

Information

Subject Title

Contract for Professional Services - City of Edmonds Prosecutor

Recommendation from Mayor and Staff

The Mayor and City Staff (Police Chief and HR Director) request Finance Committee review and

approval of the attached contract for professional services

Previous Council Action

Narrative

The professional services contract between the City of Edmonds and Zachor amp Thomas Inc PS

expired April 2008 The City and Zachor amp Thomas have been in negotiations since early

March which resulted in the attached The new contract reflects the significant increase in case

volume over the last few years as well as the additional court date which began in September

2008 I respectfully request Finance Committee review and possible approval of the new

contract

Fiscal Impact

Attachments

Link 2007 Prosecutor Contract

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10072008 0230 PM APRV

2 Mayor Gary Haakenson 10072008 0248 PM APRV

3 Final Approval Sandy Chase 10082008 0105 PM APRV

Form Started By Debi

Humann Started On 09232008 0451

PM

Final Approval Date 10082008

Packet Page 26 of 84

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 27: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Page 1

CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR

WHEREAS the City of Edmonds has established its municipal court

under provisions of Chapter 350 RCW in the Edmonds City Code and Chapter 215 and

WHEREAS the City wishes to contract with 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 amp Thomas Inc PS (the principals who are H James Zachor Jr and Melanie S Thomas Dane) 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 ldquoCityrdquo) and Zachor amp Thomas Inc PS (hereafter referred to as the ldquoProsecutorrdquo) subject to the terms and conditions set forth below 1 Duties The Prosecutor shall provide the following services

11 Review police incident reports for determination of charging 12 Maintain all current cases in an appropriate filing system 13 Review and remain familiar with filed criminal misdemeanor and

gross misdemeanor cases 14 Interview witnesses as necessary in preparation of prosecution of

cases 15 Respond to discovery requests make sentence recommendations

and prepare legal memoranda when necessary 16 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

17 To assist the City Attorney when applicable in response to Public

Disclosure requests 18 Represent the City at all arraignments pretrial hearings motion

hearings review hearings in-custody hearings and trials as scheduled in 2008

dlhcontracts08prosecutorfinaldoc

Packet Page 27 of 84

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 28: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Page 2

19 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar as scheduled in 2008

110 Represent the City in the prosecution of drug felony and firearm

forfeitures that are filed by the City in the Edmonds Municipal Court Lynnwood Municipal Court or heard in Mountlake Terrace Forfeitures filed in Superior Court or District Court shall be billed at the hourly rate set forth hereafter Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing

111 Be available to the Police Department for questions at all times by

providing appropriate telephone numbers cell phone numbers e-mail addresses and voice mail access Calls are to be returned by the next business day

The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutor at anytime during normal business hours when the Prosecutor is available

112 Consult with the City Attorney as needed regarding Edmonds City Code amendments

113 Services provided under this agreement play an important part in

fostering public confidence in the criminal justice system and are an important and essential part of law enforcement All services provided under this agreement shall be in accord with the Rules of Professional Responsibility local court rules and the normal standard of care among prosecutors in Western Washington

2 Compensation

21 Base Rate The Prosecutor shall receive a monthly retainer of NINE THOUSAND FIVE HUNDRED DOLLARS ($950000) per month for performance of those duties set forth in paragraph 1 above

22 Hourly Rate Services performed outside the scope of the duties

described in paragraph 1 above or which may be mutually agreed upon to be added at a later date shall be in addition to the base rate set forth in paragraph 21 Any RALJ case filed in Superior Court shall be billed at the rate of ONE HUNDRED DOLLARS ($10000) per hour Any other cases filed at the Court of Appeals cases filed at the Supreme Court cases filed in the Snohomish County District Court forfeiture cases filed in courts other than the Edmonds Municipal Court Lynnwood Municipal Court or heard in

dlhcontracts08prosecutorfinaldoc

Packet Page 28 of 84

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 29: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Page 3

Mountlake Terrace which require the appearance of the Prosecutor and such other activities agreed to by the City and the Prosecutor shall be billed at ONE HUNDRED TWENTY FIVE DOLLARS ($12500) The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court

23 Fees Review The schedule of fees provided for in paragraph 21

and 22 shall apply for the contract period reflected in Article 4 Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the biennial mayoral budget on or before July 1 2010 and for each even numbered year thereafter 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

It is understood by the parties hereto that the Edmonds Municipal

Court has advised the City and Prosecutor of its intent to add additional court days each month commencing September 2008 wherein the Prosecutorrsquos time for preparation and presence will be required Thus commensurate with this change in required appearances and workload the parties agree to increase the base rate in paragraph 21 herein to ELEVEN THOUSAND DOLLARS ($11000) per month effective September 1 2008

24 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) and interpretersrsquo 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 the Prosecutor harmless from such expenses and costs as set forth hereinabove

25 Rate Adjustment If the number of filings (criminal traffic criminal

non-traffic and DUI) exceed 1400 on an annual basis for 2008 a payment rate adjustment of 3 will become effective January 1 2009 If the number of filings (criminal traffic criminal non-traffic and DUI) exceed 1800 on an annual basis for 2008 a payment rate adjustment of 5 will become effective January 1 2009 At no time will both a 3 and a 5 rate adjustment be required Both parties agree to review the number of filings court appearances

dlhcontracts08prosecutorfinaldoc

Packet Page 29 of 84

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 30: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Page 4

andor services rendered beginning on our about July 1 2009 for a possible rate adjustment effective January 1 2010

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 In the event of a dispute regarding approval of any individual the City Council shall be final arbiter All Prosecutors (including substitute) must wear city issued identification when in the Public Safety Building

If a ldquoConflict Prosecutorrdquo is required such ldquoConflict Prosecutorrdquo shall be approved by the City through its Police Chief In the event of a dispute regarding approval of any individual the City Council shall be final arbiter The Prosecutor is responsible for any costs associated with the ldquoConflict Prosecutorrdquo

4 Term of Contract The Term of this Contract shall be from the first day of

April 2008 through March 31 2010 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 first day of July of the year of contract expiration

5 Termination The attorneyclient relationship is personal and involves the

ability of the parties to communicate and maintain credibility Therefore the Prosecutor andor the City Council in its sole legislative discretion reserve the right to terminate this Contract upon one hundred twenty (120) days written notice This contract may be terminated by either party at any time for cause By way of illustration and not limitation cause shall include violation of the Rules of Professional Conduct of the Washington State Court Rules of law or ordinance or of any term of this contract

6 Ownership All City of Edmondsrsquo 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

dlhcontracts08prosecutorfinaldoc

Packet Page 30 of 84

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 31: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Page 5

7 Independent Contractor The Prosecutor and its assistants are professionals and independent contractors acting without direct supervision The 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

8 Insurance The Prosecutor shall maintain a policy of professional liability

and malpractice insurance throughout the term of this Contract 9 Indemnity

91 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 206 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

92 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

93 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

dlhcontracts08prosecutorfinaldoc

Packet Page 31 of 84

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 80 of 84

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Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 32: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Page 6

dlhcontracts08prosecutorfinaldoc

DATED this ____________ day of ______________ 2008 CITY OF EDMONDS PROSECUTOR Zachor amp Thomas Inc PS BY ___________________________ BY________________________ Mayor Gary Haakenson H James Zachor Jr President ATTESTAUTHENTICATED ________________________________ City Clerk Sandra S Chase APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ________________________________ W Scott Snyder

Packet Page 32 of 84

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 33: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AM-1801 2B

Surplus Property

City Council Committee Meetings

Date 10142008

Submitted By Gerry Gannon Police Department Time 5 Minutes

Department Police Department Type Action

Committee Finance

Information

Subject Title

Surplus police property

Recommendation from Mayor and Staff

Recommend that all property other than the ballist vests be sent to Propertyroomcom for auction

or disposed of as noted in the attached document Recommend that this agenda item be set for the

Consent Agenda

Previous Council Action

None

Narrative

From time to time the Police Department has surplus property that needs to be disposed of The

items listed on the attachment are no longer used by the Police Department because they are out

dated The property is auctioned destroyed or returned to the manufacturer in particular the

ballistic vests

Fiscal Impact

Attachments

Link Surplus Property

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10102008 0855 AM APRV

2 Mayor Gary Haakenson 10102008 1020 AM APRV

3 Final Approval Sandy Chase 10102008 1042 AM APRV

Form Started By Gerry

Gannon Started On 09172008 0234

PM

Final Approval Date 10102008

Packet Page 33 of 84

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 34: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Packet Page 34 of 84

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 35: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Packet Page 35 of 84

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 36: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Packet Page 36 of 84

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 37: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Packet Page 37 of 84

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 38: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AM-1834 3A

Update 2007-2008 Fire Department Work Plan 3

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Update 2007-2008 Fire Department Work Plan

Recommendation from Mayor and Staff

Place on the City Council Consent Agenda and post on the Fire Depatment website Providing a

status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety

Committee meets the intent of the City of Edmonds Strategic Plan II Council Policy Statement

Objective D Develop Public Safety Work Plans Tasks 1-4

Previous Council Action

The City Council approved the 2007-2008 Fire Department Work Plan on November 28 2006

Narrative

The 2007-2008 Fire Department Work Plan Update 1 was presented to the Public Safety

Committee on June 12 2007 Update 2 was presented on February 12 2008 Update 3 is

attached

The last and final update 4 will be presented in the first quarter of 2009 along with the

2009-2010 Work Plan

Fiscal Impact

Fiscal Year 2007-2008 Revenue Expenditure

Fiscal Impact

None

Attachments

Link EFD Work Plan Update 3

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0105 PM APRV

2 Mayor Gary Haakenson 10082008 0106 PM APRV

3 Final Approval Sandy Chase 10082008 0107 PM APRV

Form Started By Tom

Tomberg Started On 10082008 1145

AM

Final Approval Date 10082008

Packet Page 38 of 84

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 39: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Packet Page 39 of 84

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

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Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

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Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 40: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

EDMONDS FIRE DEPARTMENT MEMORANDUM

Date October 14 2008

To Public Safety Committee

From Thomas J Tomberg Fire Chief

Subject 2007-2008 Fire Department Work Plan Update 3 Attachment Administration

1 Inculcate the workplace safety ethic into every aspect of Department operations

1 Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief ldquoTailboardrdquo review of a safety topic at the beginning of each shift a Near-Miss Reporting System annual participation in the international Firefighter and EMS ldquoSafety Stand Downrdquo holding members accountable for safe work practices and a formal accident review process 2 Safety continues to be a major Department focus when engaged in routine activities during training andor on the emergency ground 3 The Department continues to study and implement safety procedures and programs from a list of required written programs that include

bull Accident Prevention Program per WAC 296-305-01509(12)(b) Done -SOP 600 Health and Safety

bull Safety Committee per WAC 296-305-01505(4) Done - SOP 60001 bull Lock Out Tag Out Program per WAC 296-24-110 Done - SOP

60502 bull Emergency Responses Notification Evacuation Training Programs

per WAC 296-800-310 296-24-550 296-24-567 Numerous Department SOPs address these subjects

bull Hazard Communication Program per SOP 296-305-01505(3)(a)(v) bull Program requirements re wearing respiratory protection on the job

per WAC 296-305-04001(4) is under development bull Program to protect employees from occupational exposure to

bloodborne pathogens per WAC 296-305-02501 296-62-08001 Done - SOP 60402 and SOP 60602

bull Hearing Conservation Program per WAC 296-305-02005 296-62-09015 is under development

OFFICE OF THE FIRE CHIEF

Packet Page 40 of 84

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 41: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

2 Conclude a new collective labor agreement with IAFF Union Local 1828

1 Negotiations are expected to begin in mid-2007 The current CLA expires on December 31 2007 2 IAFF Union Local 1828 approved a new collective labor agreement on January 29 Council approved the 2008-2010 agreement on February 5 3 Nothing new to report

3 Improve the Washington State Rating Bureau rating of the City from Class 4 to

Class 2 over time and within budget 1 Improving the Cityrsquos fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process The WSRB last evaluated Edmonds in 1990 2 Fire Administration continues to look for opportunities to improve in areas judged deficient by WSRB raters however financial and staffing constraints preclude any significant progress in the near term 3 The Department is meeting with Public Works personnel to discuss procedures for purchasing and installing fire hydrants throughout the City Additional stakeholders are the Olympic View Water District developers and individual property owners Improvements to the emergency water delivery system reduces the number of Washington State Rating Bureau deficiency points and improves the fire protection rating of the City which in turn could lead to a reduction in fire insurance premiums paid by residential property owners and some commercial property owners

4 Review business practices with the Mayor Directors and Fire Staff with the

intent of reducing General Fund expenditures by 2009 1 The Mayor has scheduled individual department presentations at Directorrsquos Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government 2 Fire Administration made their department presentation on July 30 2007 The financial challenges each department faces were included in the packet at the February 1-2 Council Retreat 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) adopt EMS Transport User Fees in 2009 (2) renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 effective 2009 (3) participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

2

Packet Page 41 of 84

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

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SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

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94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

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112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

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SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 42: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

5 Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan

1 The plan was approved by Council on November 28 2006 The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12 2007 2 Completed See above paragraph 3 Council approved the 2007 Substitute House Bill Compliance Plan report on July 15 2008

6 Educate and inform the public on the emergency medical services levy

1 At the March 2007 retreat Council decided to run the EMS levy no sooner than 2008 2 Although subject to change at the February 2008 Retreat Council expressed their unofficial preference to run the EMS levy lid lift on April 22 2008 3 On May 20 2008 Edmonds citizens voted to lift the lid on the permanent EMS levy with a vote of 7468 (7851) for and 2532 (2662) against out of 10513 ballots cast The EMS levy is expected to generate 3856 million dollars in 2009 In 2008 the levy generated 24 million dollars

7 Review alternate funding sources for Department operations

1 The Department keeps an inventory of alternate funding sources for example EMS transport fees charging for false alarms and an annual benefit charge As directed Fire Staff is prepared to analyze and report on alternate funding sources 2 At the February 2008 Retreat Council directed Fire Administration to bring forward more information including potential models for an EMS transport billing system that would only bill insurance carriers 3 Fire Administration proposed three initiatives to reduce financial pressure on the General Fund (1) Adopt EMS Transport User Fees in 2009 (2) Renegotiate the Esperance fireEMS service contract with Snohomish County Fire Protection District 1 in 2008 effective 2009 (3) Participate in a Southwest Snohomish County consultant study on establishment of a Regional Fire Protection Service Authority

8 Align the annual work plans of the Fire Chief Assistant Chief Fire Marshal

Battalion Chiefs and Executive Assistant with the Mayorrsquos annual goals and objectives and policies that emerge from the annual Council Retreat and majority policy directives received from elected officials through the Mayor

3

Packet Page 42 of 84

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 79 of 84

Packet Page 80 of 84

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Packet Page 82 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 43: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

1 The Assistant Chief Fire Marshal Battalion Chiefs and Executive Assistant have annual written work plans aligned as described above The individual work plans are part of each employeersquos annual performance evaluation 2 See above paragraph 3 Nothing new to report

9 Align the Fire Work Plan with other City departments and pertinent outside

agency work plans 1 The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans 2 See above paragraph 3 Nothing new to report

10 Work with the Mayor Council and Directors on city-wide environmental

stewardship and energy conservation issues 1 The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues The Department instituted a battery recycle system in 2005 and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program 2 Above efforts continuing The Department expects to participate in new City-wide initiatives as they are presented 3 Under the leadership of Battalion Chief Don White and Firefighters Dean Warren and David Stevens a Department-wide Conservation Program is under development to begin in 2009 Goals include

(1) Reduce the use of consumable products (2) Reduce annual utility and service costs at each Fire Station by 20

percent (3) Reduce annual vehicle fuel costs by 15 percent (4) Increase participation in recycling

The Conservation Committee will meet with Facilities Manager Jim Stevens on October 21 to discuss the Energy Star Partners Program to learn how Fire can specifically fit into the program

11 Work with the Snohomish County law enforcement and fire consortium to

implement a wireless network 1 As the contact AC Correira receives regular updates on the progress of the county-wide wi-fi initiative

4

Packet Page 43 of 84

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

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Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 44: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

2 The Public Safety Technology Committee (PSTC) has been reconstituted into a county-wide organization and has taken on responsibility for steering the wireless project SNOCOM Director Steve Perry chairs the PSTC 3 Work is continuing If the City institutes EMS Transport User Fees in 2009 computer tablets and paperless reporting will be the method of documenting all emergency incidents

12 Review the Civil Service Commission hiringpromotional requirements for

Assistant Fire Chief and Fire Marshal 1 2 3 Nothing to report

13 Review the annual Performance Appraisal form

1 Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officerrsquos Meeting The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1 2 The new performance appraisal system was implemented July 1 Some minor modifications are under discussion 3 SOP 50108 Performance Appraisal has been updated several times since mid-summer With the cooperation of IAFF Union Local 1828 the annual appraisal form dimensions have been incorporated into the new Peer Review component of promotional assessment centers

14 Continue working towards a paperless office

1 The Fire Chief Assistant Chief Fire Marshal four Battalion Chiefs and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12 The energy interest and ideas were interesting funding best practices and technology upgrades will be challenging 2 Discussions are ongoing with Administrative Services and Information Technology personnel 3 See the 3 response to items 10 and 11 above Paperwork reduction is implicitly part of the Conservation Program referenced in 10 above To date steps have been taken to transmit and store documents electronically where feasible and reduce the use of paper in the following areas

bull Performance appraisal process bull Accidents reports bull Dailey Time Report bull Vacation forms bull Shift Trade forms bull On-line storage of SCBA forms

5

Packet Page 44 of 84

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

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Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

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Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 45: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

15 Actively seek out grant opportunities

1 The Department submitted a $111000 FIRE Act Grant to replace turnout boots turnout pants suspenders turnout coat gloves helmet and hood 2 The Department was unsuccessful in this grant request 3 Nothing new to report

1 AC Correira has applied for a $1500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 22) Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor 2 The grant was awarded and the Public Safety Committee will receive a presentation on Edmonds Stay In-Step Guide to Maintaining Your Quality of Life at the February 12 meeting

3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

Operations and Training

16 Place the public safety boat in service 1 The Public Safety Boat Marine 16 Charles W Cain was placed in service on May 1 2007 Missions include EMS fire suppression hazardous materials response technical rescue command and control and Police Dive Team support The boat was formally commissioned on June 2 2 Both public safety departments anticipate active deployment of the vessel when the 2008 boating season begins 3 The public safety boat has been deployed as required to date

17 Study acquiring access to or construction of a local training facility that allows

on-duty crews to remain in the immediate area Consider existing facilities a new facility multidisciplinary use scope costs location and political feasibility

1 An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require or minimizes

6

Packet Page 45 of 84

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 46: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

the need for on-duty units to be placed out of service As emergency call volume increases it becomes more and more challenging to deliver training on duty 2 The committee continues to meet but the costs for a local facility are daunting and suitable land scarce 3 Property adjacent to Fire Station 16 came up for sale to the City under a previously negotiated right of first refusal A City purchase offer was subsequently refused and no counter offer has been forthcoming The City has asked the principle to make a counter offer or to present an offer from a qualified buyer so the City can consider its options The site offers many options to include a site for Fire Administration a non-burning training facility both uses or for resale if a more appropriate site becomes available Fire Administration is the only department administration in the City whose leadership is not located in a building where it can readily see communicate and interact with the employees it is expected to lead supervise and manage

18 Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics

1 The Department has long sought to bring the 8 to 5 staff up to the 75 positions as recommended by the Council-commissioned Ewing amp Company Study published in 1997 The Department currently has six daytime staff The EMS levy offers the best opportunity to address this deficiency Farther out the Edmonds demographic will require additional EMS capability both in on-duty shift personnel and additional vehicles (See 24) 2 Council has determined to hold an EMS levy lid lift in 2008 In preparing the 2009-2010 biennial budget the Department will seek a combined Fire Inspector ndash Public Educator position for the Fire Prevention Division who had three personnel in 1985 lost one employee and have not added additional personnel for 26 years 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

19 Plan for two retirements that create two promotional opportunities at both the

battalion and company officer levels 1 One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006 One Battalion Chief and one Lieutenant were promoted to fill the vacancies Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5 2008

7

Packet Page 46 of 84

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

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11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 47: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

2 In addition to the planned vacancies discussed above 2007-2008 unplanned departures included a FirefighterParamedic and Firefighter In 2008 another Battalion Chief and one FirefighterParamedic have announced plans to retire 3 Nothing new to report

20 Finalize the career development plan for interested employees

1 2 and 3 Soon to be under development

21 Implement a new computer-based training records management system 1 Computer-based RMS training plan has been implemented and is in the feedback stage 2 Nothing new to report 3 The computer-based training records system is fully implemented

Emergency Medical Services

22 Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system for example address fall hazards for the elderly population

1 AC Correira has applied for a $1500 Injury Prevention Grant from North Region EMS (Snohomish Island Skagit Whatcom and San Juan counties) with a focus on elderly fall prevention (See 15) 2 See 15 above 3 A Stay in Step Fall-Prevention Steps You Can Take brochure was developed and made available for distribution throughout the City in hard copy and on the Fire Department and City web The Department has submitted articles on falls prevention to the print media and information appears on the Fire Department website On September 23 Assistant Chief Mark Correira participated in a Falls Prevention Symposium sponsored by North Region EMS

23 Work with Snohomish County Public Health Department to prepare for an

influenza pandemic (bird flu) as required 1 The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force Fire Staff provided an April 24 update on task force progress to the Mayor Directors Fire Group and SNOCOM

8

Packet Page 47 of 84

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 48: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

2 The Snohomish County Health Care Response to Pandemic Influenza was published in November 2007 Assistant Chief Correira represented EMS on the Committee 3 Nothing new to report

Fire Prevention and Public Education

24 Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties Address vehicle and space needs

1 When Council decided to move the EMS levy lid lift back to 2008 this opportunity was postponed (See 18) 2 See 18 above 3 Fire Administration elected not to pursue the Fire Inspector ndash Public Educator position due to the lack of space in Fire Administration the challenging financial times the potential for property acquisition and the construction of a Fire Administration building and the possibility of future regionalization

25 Develop a succession plan for the Fire Inspector position

1 2 3 Nothing to report

26 Work with City Port of Edmonds and State staff to ensure the Edmonds

Crossing Project andor waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks

1 Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry and west of the railroad tracks when a train is blocking will be addressed 2 On November 30 2007 the Mayor and Director Clifton invited Department representatives to meet with WSF staff designing the project This meeting is yet to occur 3 Nothing new to report other than tough economic times have rendered this project precarious

Recommended Action

Place on the City Council Consent Agenda and post on the Fire Department website Providing a status report on the Council-approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan II Council Public Policy Statement Objective D Develop Public Work Plans Tasks 1 ndash 4

9

Packet Page 48 of 84

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 49: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

10

Packet Page 49 of 84

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 78 of 84

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Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 50: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

11

Packet Page 50 of 84

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 51: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

AM-1835 3B

Interlocal Agreement for Automatic Fire Response and Mutual Assistance

City Council Committee Meetings

Date 10142008

Submitted By Tom Tomberg Fire Time 15 Minutes

Department Fire Type Action

Committee Public Safety

Information

Subject Title

Interlocal Agreement for Automatic First Response and Mutual Assistance

Recommendation from Mayor and Staff

Forward to City Council Consent Agenda with recommendation to approve as authorization for

the Mayor to sign the Interlocal Agreement for Automatic First Response and Mutual Assistance

Previous Council Action

The City Council authorized the Mayors signature on the initial Automatic First Response and

Automatic Assistance Agreement on June 27 2000

Narrative

The initial document approved in June 2000 formalized the handshake agreement between

fireEMS agencies to provide automatic emergency assistance and share fire medical hazardous

materials technical rescue and disaster resources area-wide without regard to jurisdictional

borders This document is an extraordinary example of mitigating local emergencies by

marshaling resources far beyond the capability of a single agency

In addition to correcting typos and formatting errors substantive changes include

44 Process for withdrawal of automatic aid from another agency

111 No compensation for assistance provided absent a separate agreement

112 Abide by local agency rules with regard to EMS fees except as provided in a separate

agreement

132 Insurance liability for damage to borrowed equipment subject to separate pre-agreement

161 Hosting party responsibility to provide safe training site

Appendix A calls out the use of specific Snohomish County policies during automatic aid

incidents to include use of the Incident Management System Passport Accountability FireEMS

Resource Plan and the Mayday Policy

The City Attorney approved the updated interlocal as to form

Fiscal Impact

Fiscal Year Revenue Expenditure

Fiscal Impact

None

Packet Page 51 of 84

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

Packet Page 78 of 84

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Packet Page 80 of 84

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Packet Page 82 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 52: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Attachments

Link Auto Aid Agreement

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10082008 0312 PM APRV

2 Mayor Gary Haakenson 10082008 0313 PM APRV

3 Final Approval Sandy Chase 10082008 0346 PM APRV

Form Started By Tom

Tomberg Started On 10082008 0203

PM

Final Approval Date 10082008

Packet Page 52 of 84

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 77 of 84

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Packet Page 80 of 84

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Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 53: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

INTERLOCAL AGREEMENT FOR AUTOMATIC FIRST RESPONSE

AND MUTUAL ASSISTANCE

THIS INTERLOCAL AGREEMENT (ldquoAgreementrdquo) is entered into this ___ day of _____________ 2008 by and between various governmental entities who are signatories hereto (individually ldquoPartyrdquo or collectively ldquoPartiesrdquo) under the authority of RCW 5212031(3) and Chapter 3934 RCW (the ldquoInterlocal Cooperation Actrdquo) to assist each other in emergency response

ARTICLE I

RECITALS

This Agreement is made with reference to the following facts

a Each of the Parties owns and maintains equipment for providing fire medical andor specialized services that shall include but shall not be limited to Hazardous Materials Response Teams Technical Rescue Teams and Fire Investigation Services Also each of the Parties retain personnel to provide various levels of services

b Each of the Parties hereto are authorized to perform the services contemplated herein c The Parties recognize that the Department of Labor and Industries has established standards for training and equipment used for emergency response that these standards set by the Department of Labor and Industries have increased the need for resources to perform emergency response d It is not feasible for each of the Parties to establish maintain and operate specialized teams within the geographical area served e The geographical boundaries of each Party are located in such a manner as to enable each Party to provide assistance to the other Parties f It is necessary for each Chief Executive Officer City Council Board or Commission Chair and Fire Chief of each Party to determine what specialized areas each Party may participate in as a fire department communications center advanced life support paramedic service or a joint venture g Each of the Parties has the necessary equipment and personnel to enable it to provide service to the other Parties in the event of an emergency h The Parties may provide backup or standby service to each other as needed and available i It is the purpose of the Agreement to establish a mutual aid response between the Parties to the Agreement j It is the purpose of the Agreement to establish authority to provide automatic aid response when approved by the respective Fire Chiefs between the Parties

PAGE 1

Packet Page 53 of 84

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 54: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

k The Parties often have occasion to purchase many of the same items l In order to provide for economies of scale and increase efficiency in purchasing fire rescue EMS and other type of equipment deemed necessary the parties desire to enter into an agreement to allow the usage of other Partiesrsquo purchasing contracts m The Parties often train together to provide economy of scale joint training to provide common procedures and use the expertise of personnel within each department and n The Parties to carry out the purpose and functions described above and in consideration of the benefits to be received by each of the Parties agree to do the following

ARTICLE II

TERMS AND CONDITIONS

NOW THEREFORE in consideration of the terms conditions covenants and

performances contained herein the parties hereto agree as follows SECTION 1 PURPOSE 11 Purpose The purpose of this Agreement is to improve the provision of Services within the respective jurisdictions of the Parties 12 No Financial Obligation Except as specifically provided herein it is not contemplated that any Party will incur a financial obligation as a result of this Agreement beyond the normal cost of providing Services 13 Participation in Mutual Aid and Automatic Aid This Agreement is intended to be flexible to allow each Party to participate to the degree it is able to do so from a financial and operational standpoint A Party to this Agreement may participate in Mutual Aid andor Automatic Aid to the extent determined by the Fire Chiefs of the Parties hereto SECTION 2 DEFINITIONS The following terms shall have the following meanings in this Agreement unless the context indicates otherwise

a ldquoIncident Commanderrdquo means the individual charged with overall management and command of an emergency incident pursuant to the National Incident Management System established by Presidential Directive for the purpose of managing emergency incidents

b ldquoAutomatic Aidrdquo means a Partyrsquos provision of apparatus personnel and

equipment to areas within the jurisdictional boundaries of another Party pursuant to agreed upon dispatch protocols and computerized run cards

PAGE 2

Packet Page 54 of 84

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

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112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

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SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 55: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

c Mutual Aidrdquo means the provision of such apparatus personnel and equipment as reasonably necessary and available to assist a Requesting Agency in matters relating to the Services as needed by a Requesting Agency

d ldquoRequesting Agencyrdquo means a Party to this Agreement who has requested

Mutual Aid from another Party pursuant to the terms of this Agreement or to whom another Party will be providing Automatic Aid

e Responding Agency means a Party to this Agreement who has either (i)

received a request from another Party to provide Mutual Aid pursuant to the terms and conditions of this Agreement or (ii) been dispatched pursuant to the Automatic Aid protocols herein

f ldquoServicesrdquo includes the following fire suppression emergency medical services

(including Basic Life Support and Advanced Life Support) and specialized services including but not limited to Hazardous Materials Response Technical Rescue and Fire Investigation

g ldquoQualified Chief Officerrdquo means an officer of a Party who has been qualified

andor authorized by that Party to serve as an Incident Commander SECTION 3 MUTUAL AID 31 Request for Assistance The Incident Commander or hisher designee may request Mutual Aid assistance from another Party if confronted with an emergency situation in which the Requesting Agency has need for equipment or personnel in excess of that available through the Requesting Agency Such requests shall be submitted pursuant to standard operating procedures established by the Parties 32 Response to Request Upon receipt of such a request the commanding officer of the Responding Agency shall immediately take the following actions

321 Determine if the Responding Agency has equipment and personnel available to respond to the Requesting Agency and determine the type of the equipment and number of personnel available

322 Determine what available equipment apparatus andor personnel should be dispatched in accordance with the operating plans and procedures established by the Parties

323 In the event the needed equipment apparatus andor personnel are available to

dispatch such equipment apparatus and personnel to the scene of the emergency with proper operating instructions

324 In the event the needed equipment apparatus andor personnel are not available

to immediately advise the Requesting Agency

325 The Parties recognize that time is critical during an emergency and diligent efforts will be made to respond to a request for Mutual Aid as rapidly as possible including any notification(s) that requested resources are not available

PAGE 3

Packet Page 55 of 84

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 73 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 56: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

33 No Requirement to Render Aid All personnel resources and services provided under the terms of this Agreement are furnished andor supplied voluntarily and at the discretion of the Responding Agency The Responding Agency shall have the primary interest of protecting its own constituency Nothing herein shall limit the legislative discretion of the governing bodies of the parties to determine their budget needs and determine appropriate levels of service and nothing in this Agreement shall imply a duty to levy taxes appropriate funds or enter into specific terms of a collective bargaining unit agreement in order to effectuate the terms of the Agreement SECTION 4 AUTOMATIC AID 41 Emergency Response Services The Services described herein shall be on an automatic dispatch basis The dispatch shall be based upon a pre-determined basis within the computer aided dispatch software The response shall be established and agreed to by the Fire Chiefs of the Parties Notwithstanding anything to the contrary each Party reserves the right to control its own resources 42 Automatic Response Procedure On receipt of an alarm covered by a run card the dispatched Unit(s) of the Responding Agency shall immediately respond with apparatus equipment andor personnel

43 Temporary Inability to Provide Aid Prior to or upon receiving a call for automatic aid the Requested Party shall inform the Requesting Party of inability to provide automatic response It is anticipated that this inability will only occur at times when the requested resources of the Requested Party are otherwise committed 44 Total Withdrawal from Automatic Aid In the event a Party who is participating in Automatic Aid elects to withdraw from Automatic Aid with another agency the withdrawing Party shall work with that agency in good faith to coordinate a reasonable phase-out period of Automatic Aid services SECTION 5 SPECIAL SERVICES 51 The Fire Chief of each Party shall determine from time to time the nature and level of specialized services (eg HAZMAT rescue etc) that his or her jurisdiction shall provide under the terms of the Agreement including participation with other Parties in establishing joint services

PAGE 4

Packet Page 56 of 84

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 72 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 57: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

SECTION 6 COMMAND RESPONSIBILITY AT EMERGENCY SCENES 61 The first arriving Officer to the scene of an emergency incident shall assume Command of the incident Command may be assumed by a higher ranking officer from any jurisdiction Command however shall be relinquished to an officer of the agency having jurisdiction upon that officers request All of the individuals in Command positions of any incident related to this Agreement shall be governed by the Incident Command safety considerations as established by WAC 296-305 and the specific Snohomish County Chief Association Policies listed in Appendix A Appendix A may change based on formal action by the Snohomish County Fire Chiefs Association Any changes will be forwarded to all Parties SECTION 7 ACTION 71 When a Responding Agency assists a Requesting Agency the Responding Agency acts under the direction of the Requesting Agencyrsquos authorized commander or hisher representative This Section shall not require compliance with the direction of the on-scene commanding officer if in the opinion of the commanding officer of the Responding Agency such compliance would create an unreasonable risk to the health or safety of the Responding Agencyrsquos personnel In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation SECTION 8 TERMINATION OF SERVICE 81 The Incident Commander shall release the Responding Agencyrsquos equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency SECTION 9 LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 91 No Liability for Responding Agency Except as expressly provided herein no Party shall be liable for (i) failure to comply with any provision of this Agreement or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement 92 Mutual Releases Except as specifically provided herein each Party hereby forever releases or discharges each other Party its officers officials employees volunteers andor agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder 93 Liability to Other Parties - Damage or Destruction to Apparatus or Equipment Except as expressly provided herein the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self insurance as opposed to seeking reimbursement from other Parties

PAGE 5

Packet Page 57 of 84

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

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Packet Page 72 of 84

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Packet Page 78 of 84

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Packet Page 81 of 84

Packet Page 82 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 58: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

94 Liability to Third Parties The term third partyrdquo means any person firm or entity other than the Parties hereto With regard to the Mutual Aid and Automatic Aid provided hereunder each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents which causes damage to third parties to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party its officers officials employees volunteers andor agents Notwithstanding the foregoing nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party 95 Cross Indemnification To the extent permitted by law each Party agrees to indemnify defend and hold harmless the other Parties their officers officials employees volunteers andor agents from any and all claims demands causes of action lawsuits costs including attorneys fees losses judgments awards or liabilities to any third party arising out of the negligent acts or willful conduct of the indemnifying Party its officers officials employees volunteers andor agents in connection with the performance of this Agreement

96 Survival The provisions of this Section shall survive the expiration or termination of this Agreement SECTION 10 INSURANCE 101 For the duration of this Agreement each Party shall maintain its own public liability and property damage insurance or be self insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers officials employees or volunteers The Fire Chiefs of the Parties may establish minimum insurance requirements It is expressly understood that no Party shall be responsible to provide the other Partys employees with coverage required under Chapter 4126 RCW as the same now exists or may be hereafter amended 102 To the extent permitted by the applicable insurance policies each Party hereby waives any right of subrogation against the other Parties In this regard each Party utilizing a self insurance retention program waives subrogation for any payment thereunder SECTION 11 COMPENSATION 111 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to loss of or any expense(s) incurred in the operation of any equipment used in responding for aid and for the cost incurred in connection with such requests as long as the Requesting Agencyrsquos negligence was not the cause of such damage loss or expense Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement provided however that the Party requesting assistance shall attempt to obtain financial assistance from federal state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing assistance under this Agreement This provision shall not limit two or more Parties of the Agreement from entering into an agreement in other areas or different conditions for compensation

PAGE 6

Packet Page 58 of 84

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 59: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

112 Except as may be provided in a separate agreement the Responding Agency will comply with the collection policy of the Requesting Agency and all applicable laws and regulations with respect to billing and collection of transport fees or other emergency response related fees Nothing in this Section shall require a Responding Agency to charge any such fees SECTION 12 SPECIALIZED RESPONSE TEAMS 121 Each Party or combination of Parties that operate a special response team shall establish policies and procedures to meet all requirements set by state and federal law Any specialized team shall have Standard Operational Procedures or Guidelines SECTION 13 TEMPORARY USE OF EQUIPMENT OR VEHICLE 131 In the event a Party has equipment or a vehicle that is temporarily out of service and has an immediate need for that type of equipment and another Party has similar reserve equipment available the Party in need may request that the other Party lend the necessary equipment The Party borrowing the equipment shall be responsible for the maintenance of the loaned equipment during the period of time it is in their custody The Party borrowing the equipment shall return the equipment to the lending Party when requested or when the equipment is no longer needed whichever occurs first The borrowed equipment shall be returned in a clean condition and within the same operable condition as it was provided 132 The Party supplying the equipment and the Party borrowing the equipment shall enter into a written agreement in advance as to which Partyrsquos insurance shall cover the equipment if damage occurs while the equipment is being borrowed In the absence of any such agreement the lending Partyrsquos insurance shall be responsible 133 The Party receiving the equipment must ensure that all employees who will be operating the equipment are properly trained to operate the specific equipment being borrowed 134 Each Party understands that it is responsible under applicable regulations to maintain its equipment including the equipment available to be loaned pursuant to this Agreement in accordance with applicable manufacturerrsquos specifications and any applicable laws and regulations SECTION 14 TRAINING 141 The Parties may provide or attend joint training classes as approved by the Fire Chiefs of the Parties Training includes but is not limited to the following list

a Recruit or post recruit academies b Apparatus familiarization c HAZMAT team training d Technical Rescue team training e Disaster or response drills f Specialty subject drills and classes and g Incident Command System Training

PAGE 7

Packet Page 59 of 84

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

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Packet Page 75 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 60: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

142 Training Supplies Equipment and Facilities The participating Parties shall decide between themselves if they shall share the cost of training supplies equipment or facility rental when conducting joint training SECTION 15 DUTY CHAPLAINS AND SUPPORT 151 The Parties have established a cadre of Duty Chaplains who respond to emergency calls and assist with family relocation caused by fire and other misfortunes as well as a Support Units The Chaplains and rehabilitation units may be shared as allowed by the Parties SECTION 16 USE OF FACILITIES 161 The Parties may jointly use facilities and equipment owned or provided by any Party as allowed by the party owning or providing such facilities (the ldquoHosting Partyrdquo) The Hosting Party shall take reasonable measures to ensure the site is safe for the intended training activity prior to conducting training The defense and indemnification provisions in Section 9 shall apply to any joint use of facilities SECTION 17 REVIEW OF THE AGREEMENT AND ADMINISTRATION 171 Administration of this Agreement Unless the Parties otherwise agree there shall be no lead agency responsible for the administration of this Agreement This Agreement shall be administered jointly by the Chief Officers of the respective Parties

172 Meeting The Fire Chief or Chief Executive Officer of each Party shall meet to review all of the operations of this Agreement every five (5) years or earlier upon request of a Party SECTION 18 NON-EXCLUSIVE PROVISION 181 The Parties to this Agreement shall not be precluded from entering into similar agreements with others SECTION 19 EQUIPMENT SALVAGE 191 All Parties to this Agreement shall exercise due diligence in salvaging damaged equipment and insuring that it is returned to its rightful owner SECTION 20 STATUS OF PERSONNEL 201 No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or be covered by any insurance or pension plans of another Party by the employees participation in the performance of this Agreement

PAGE 8

Packet Page 60 of 84

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 61: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

SECTION 21 AUTHORITY TO PURCHASE ON OTHER PARTIESrsquo CONTRACTS 211 Whenever possible a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract To enable other Parties to utilize this benefit the initial contracting Party shall A Comply with the public bidding laws of the State of Washington as they apply to such Party B Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases C Either (i) post the bid or solicitation notice on a web site established and maintained by a government purchasing cooperative or similar service provider or (ii) provide an access link to the statersquos web portal to the notice 212 This Agreement is intended to constitute the Interlocal Agreement required by RCW 3904030 for utilizing other Partiesrsquo purchase contracts SECTION 22 DURATION AND TERMINATION 221 Effective Date This Agreement shall take effect and be in full force and effect after all of the following has occurred

A The Agreement is approved by the official action of the governing bodies of at least two (2) Parties

B The Agreement is executed by the duly authorized representative of at least 2

Parties and

C A copy of the Agreement is filed with the Snohomish County Auditorrsquos Office 222 Additional Parties When a new Party becomes a signatory to this Agreement the signature page of such Party shall be recorded with the Auditor 223 Duration The initial term of this Agreement shall be for a period of ten (10) years 224 Extension This Agreement shall automatically be renewed and extended for additional ten (10) year periods upon the same terms and conditions set forth herein or as amended unless terminated in accordance with subsection D below 225 Withdrawal Subject to Section 44 each Party shall have the right to withdraw from this Agreement at any time during the term of this Agreement including the initial term by providing every other Party with written notice of intention to terminate The withdrawal by one or more Parties shall have no effect on the remaining Parties to the Agreement

PAGE 9

Packet Page 61 of 84

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

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Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 62: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

SECTION 23 NOTICE 231 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page SECTION 24 NO BENEFIT TO THIRD PARTIES 241 This Agreement shall not be construed to provide any benefits to any third parties including but not limited to the employees or volunteers of any Party Without limiting the foregoing this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine SECTION 25 SEPARATE PROPERTY 251 It is not contemplated that any property real or personal will be acquired by any Party separately or jointly as a result of this Agreement No separate fund shall be established with regard to this Agreement Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party SECTION 26 DRAFTING 261 Each Party has fully participated in the drafting of this Agreement Therefore this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision SECTION 27 SEVERABILITY 271 Any invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other of its provisions SECTION 28 WAIVER 281 No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented SECTION 29 AMENDMENT 291 No modification termination or amendment of this Agreement may be made except by written agreement signed by all Parties

PAGE 10

Packet Page 62 of 84

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 63: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

SECTION 30 ENTIRE AGREEMENT 301 This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein This Agreement supersedes and nullifies any previous agreements or understandings whether written and oral between those Parties to this Agreement SECTION 31 COUNTERPARTS 311 This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement

PAGE 11

Packet Page 63 of 84

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

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Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 64: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID

The Party below has executed the Interlocal Agreement for Automatic Aid and Mutual Aid dated ____________ 2008 as of the day and year noted below and certifies that this Agreement has been duly approved by the governing body of such Party THIS AGREEMENT CONTAINS A RELEASE AND INDEMNIFICATION FOR LIABILITIES DATE _________________________ ATTEST _______________________ BY ____________________________ BY ______________________________ Title____________________________ Title _____________________________

PAGE 12

Packet Page 64 of 84

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

Packet Page 68 of 84

Packet Page 69 of 84

Packet Page 70 of 84

Packet Page 71 of 84

Packet Page 72 of 84

Packet Page 73 of 84

Packet Page 74 of 84

Packet Page 75 of 84

Packet Page 76 of 84

Packet Page 77 of 84

Packet Page 78 of 84

Packet Page 79 of 84

Packet Page 80 of 84

Packet Page 81 of 84

Packet Page 82 of 84

Packet Page 83 of 84

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 65: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

PAGE 13

APPENDIX A

The following policies adopted by the Snohomish County Fire Chiefs Association shall be followed for incident response when using automatic or mutual aid xxxxxxxxxxxxxxxxxxxxxxxxxxx Incident Management System Passport Accountability FireEMS resource Plan Mayday Policy xxxxxxxxxxxxxxxxxxxxxxxxxxx

Packet Page 65 of 84

AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

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AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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AM-1839 3C

Anti Idling Signs

City Council Committee Meetings

Date 10142008

Submitted By Jana Spellman City Council

Submitted For Councilmember Bernheim Time 10 Minutes

Department City Council Type Action

Committee Public Safety

Information

Subject Title

Anti idling signs

Recommendation from Mayor and Staff

Previous Council Action

During the April 15 2008 Public Safety Committee Meeting the Committee discussed a proposed

anti-idling ordinance that required motorists to turn off engines when at rest for more than three

minutes at a time The Committee agreed to begin with an educational approach At the July 8

2008 meeting the Committee also discussed anti-idling signs Councilmember Bernheim provided

signs that will be referred to the Public Works Department for placement in the City such as in the

ferry holding lanes and possibly contacting the Edmonds School District regarding posting the

signs in school pick-updrop-off areas

Narrative

Councilmember Bernheim asked that this item be placed on this evenings Public Safety

Committee Agenda for discussion and possible forwarding to the full Council for approval

Exhibit 1 Resolution regarding No-Idle Policy in the City of Edmonds

Fiscal Impact

Attachments

Link Exh 1 Anti Idling Resolution

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1048 AM APRV

2 Mayor Gary Haakenson 10092008 1109 AM APRV

3 Final Approval Sandy Chase 10092008 1129 AM APRV

Form Started By Jana

Spellman Started On 10092008 0937

AM

Final Approval Date 10092008

Packet Page 66 of 84

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 67: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON ESTABLISHING A NO-IDLE POLICY FOR MOTOR VEHICLES WITH INTERNAL COMBUSTION

ENGINES Whereas the Edmonds City Council adopted Resolution No 1170 on April 22 2008 which established

environmental principles and policy and Whereas the Mayorrsquos Citizens Committee on US Mayorsrsquo Climate Protection Agreement has proven

successful at harnessing the power of citizen knowledge in environmental policy and encouraging and supporting changes in City policies and operations that are making the City a leader in environmental stewardship and

Whereas the City of Edmonds should strive to address both the need to reduce greenhouse gas emissions as

well as the need to mitigate potential impacts from future climate change that can affect the Edmonds community and

Whereas greenhouse gas emissions should be limited and reduced in part by encouraging motorists to

reduce time spent idling vehicle engines now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON HEREBY RESOLVES AS

FOLLOWS The citizens employees businesses and visitors of the City of Edmonds are encouraged to turn off

their internal combustion engines when their vehicles are parked or waiting in the same location for longer than 3 minutes Exceptions to this policy include the use of vehicle engines to power essential equipment for emergencies safety or other business necessities

RESOLVED this _____ day of ______ 2008 APPROVED ____________________________________ MAYOR GARY HAAKENSON ATTESTAUTHENTICATED _____________________________________ CITY CLERK SANDRA S CHASE

EXHIBIT 1 FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL RESOLUTION NO

Packet Page 67 of 84

AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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AM-1840 3D

Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs

City Council Committee Meetings

Date 10142008

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 on Edmonds City Code Section 505 related to dangerous dogs

Recommendation from Mayor and Staff

Previous Council Action

Narrative

Councilmember Bernheim asked that this item be placed on the Public Safety Committe Agenda

for discussion

Exhibit 1 Edmonds City Code Chapter 505 Animal Control

Fiscal Impact

Attachments

Link Exh 1 Edmonds City Code 505

Form RoutingStatus

Route Seq Inbox Approved By Date Status

1 City Clerk Sandy Chase 10092008 1129 AM APRV

2 Mayor Gary Haakenson 10092008 1142 AM APRV

3 Final Approval Sandy Chase 10092008 0239 PM APRV

Form Started By Jana

Spellman Started On 10092008 1045

AM

Final Approval Date 10092008

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 81: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 82: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 83: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

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  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505
Page 84: AGENDA - weblink.edmondswa.gov · 10/14/2008  · programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including

Packet Page 84 of 84

  • Agenda
  • Item 1A Development Regulations Rregarding the Fiber Optic Network
  • Item 1B Community Sustainability Element of the Comprehensive Plan
  • Exhibit Sustainability Element
  • Exhibit 09-23-08 City Council Minutes
  • Item 1C Replacement of Power Poles Chapter 1805
  • Exhibit Chapter 18 Wireless PUD Pole Additions
  • Item 1D Commercial UsesRentals Single Family Zones
  • Item 2A Professional Services Contract - Prosecutor
  • Exhibit Contract
  • Item 2B Surplus Police Property
  • Exhibit Surplus Property List
  • Item 3A Update 2007-2008 Fire Department Work Plan
  • Exhibit 2007-2008 Work Plan Update 3
  • Item 3B Interlocal Agreement for Automatic Fire Response and Mutual Assistance
  • Exhibit Interlocal Agreement
  • Item 3C Anti Idling Signs
  • Exhibit Anti Idling Resolution
  • Item 3D Discussion on Edmonds City Code Section 505 Related to Dangerous Dogs
  • Exhibit Edmonds City Code 505