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HomeMy WebLinkAbout02-08-2021 Regular Meeting MEDINA CITY COUNCIL MEETING Monday, February 8, 2021 4:00 PM - REGULAR MEETING AGENDA VISION STATEMENT Medina is a family-friendly, diverse and inclusive community on the shores of Lake Washington. With parks and open spaces, Medina is a quiet and safe small city, with active and highly-engaged residents. Medina honors its heritage while preserving its natural environment and resources for current and future generations. MISSION STATEMENT Ensure efficient delivery of quality public services, act as responsible stewards of Medina's financial and natural resources, celebrate diversity, leverage local talent, and promote the safety, health, and quality of life of those who live, work, and play in Medina. Page 1 of 124 Page MEDINA, WASHINGTON MEDINA CITY COUNCIL REGULAR MEETING AGENDA Virtual/Online Monday, February 8, 2021 4:00 PM MAYOR JESSICA ROSSMAN DEPUTY MAYOR CYNTHIA F. ADKINS COUNCIL MEMBERS ROGER FREY JENNIFER GARONE HARINI GOKUL ALEX MORCOS BOB ZOOK CITY MANAGER MICHAEL SAUERWEIN CITY ATTORNEY SCOTT MISSALL CITY CLERK AIMEE KELLERMAN Virtual Meeting Participation With the passage of the City’s Proclamation of Local Emergency, City Hall is closed to the public. Council participation in this meeting will be by teleconference/online only. Members of the public may also participate by phone/online. Individuals wishing to speak live during the Virtual City Council meeting will need to register their request with the City Clerk at 425.233.6411 or email akellerman@medina-wa.gov and leave a message before 2PM on the day of the February 8 Council meeting. Please reference Public Comments for February 8 Council Meeting on your correspondence. The City Clerk will call on you by name or telephone number when it is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you reach the 3 minute limit. Join Microsoft Teams Meeting +1 360-302-2562 United States, Seattle (Toll) Conference ID: 647 612 757# AGENDA Page 1. REGULAR MEETING - CALL TO ORDER / ROLL CALL Council Members Adkins, Frey, Garone, Gokul, Morcos, Rossman and Zook 2. APPROVAL OF MEETING AGENDA Page 2 of 124 Page 3. PUBLIC COMMENT PERIOD Individuals wishing to speak live during the Virtual City Council meeting will need to register their request with the City Clerk at 425.233.6411 or email akellerman@medina- wa.gov and leave a message before 2PM on the day of the February 8 Council meeting. Please reference Public Comments for February 8 Council Meeting on your correspondence. The City Clerk will call on you by name or telephone number when it is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you reach the 3 minute limit. 4. PRESENTATIONS 4.1 Time Estimate: 5 minutes Reports and announcements from Park Board, Planning Commission, Emergency Preparedness, and City Council. 5. CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. 7 - 15 5.1 Time Estimate: 5 minutes Check Register 13th Month and January 2021 Recommendation: Approve. Staff Contact: Julie Ketter, Finance Director 16 - 17 5.2 Approved Planning Commission Meeting Minutes of December 8, 2020 Recommendation: Receive and file. Staff Contact: Amber Taylor, Development Services Coordinator 18 - 22 5.3 Draft City Council Regular Meeting Minutes of January 11, 2021 Recommendation: Adopt Minutes. Staff Contact: Aimee Kellerman, CMC, City Clerk 23 - 27 5.4 Emergency Ordinance Adopting the 2018 Washington State Building Code – Ordinance No. 994 Recommendation: Adopt Emergency Ordinance No. 994. Staff Contact: Steve Wilcox, Development Services Director 28 - 35 5.5 Interlocal Agreement for Independent Force Investigations Team - King County Recommendation: Approve. Staff Contact: Stephen Burns, Chief of Police 6. LEGISLATIVE HEARING None. Page 3 of 124 Page 7. PUBLIC HEARING None. 8. CITY BUSINESS 36 - 42 8.1 Time Estimate: 45 minutes Planning Commission Recommendation Regarding Bulk Recommendation: Discussion item and direction. Staff Contact: Stephanie Keyser, AICP, Planning Manager 43 - 53 8.2 Time Estimate: 30 minutes Home Business and Animal Control Code Changes Recommendation: Discussion item and possible direction. Staff Contact: Steve Wilcox, Development Services Director, Scott Missall, City Attorney 9. CITY MANAGER'S REPORT 54 - 124 9.1 Time Estimate: 15 minutes Police, Development Services, Finance, Central Services, Public Works, City Attorney 10. REQUESTS FOR FUTURE AGENDA ITEMS AND COUNCIL ROUND TABLE 11. PUBLIC COMMENT Individuals wishing to speak live during the Virtual City Council meeting will need to register their request with the City Clerk at 425.233.6411 or email akellerman@medina- wa.gov and leave a message before 2PM on the day of the February 8 Council meeting. Please reference Public Comments for February 8 Council Meeting on your correspondence. The City Clerk will call on you by name or telephone number when it is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you reach the 3 minute limit. 12. ADJOURNMENT Next Regular City Council Meeting, Monday, February 22, 2021 at 4 PM. Page 4 of 124 Page ADDITIONAL INFORMATION Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Medina City Hall. The agenda items are accessible on the City’s website at www.medina-wa.gov on Thursdays or Fridays prior to the Regular City Council Meeting. UPCOMING MEETINGS Monday, February 15, 2021 President's Day - CITY HALL CLOSED Monday, February 22, 2021 City Council Meeting (4:00 PM) Monday, March 8, 2021 City Council Meeting (4:00 PM) Monday, March 22, 2021 City Council Meeting (4:00 PM) Monday, April 12, 2021 City Council Meeting (4:00 PM) Monday, April 26, 2021 City Council Meeting (4:00 PM) Monday, May 10, 2021 City Council Meeting (4:00 PM) Monday, May 24, 2021 City Council Meeting (4:00 PM) Monday, May 31, 2021 Memorial Day - CITY HALL CLOSED Monday, June 14, 2021 City Council Meeting (4:00 PM) Monday, June 28, 2021 City Council Meeting (4:00 PM) Friday, July 2, 2021 Independence Day - City Hall Closed Monday, July 12, 2021 City Council Meeting (4:00 PM) Monday, July 26, 2021 City Council Meeting (4:00 PM) Monday, August 9, 2021 City Council Meeting (4:00 PM) Monday, August 23, 2021 City Council Meeting (4:00 PM) Monday, September 6, 2021 Labor Day - City Hall Closed Monday, September 13, 2021 City Council Meeting (4:00 PM) Monday, September 27, 2021 City Council Meeting (4:00 PM) Monday, October 11, 2021 City Council Meeting (4:00 PM) Monday, October 25, 2021 City Council Meeting (4:00 PM) Monday, November 8, 2021 City Council Meeting (4:00 PM) Monday, November 22, 2021 City Council Meeting (4:00 PM) Thursday, November 25, 2021 Thanksgiving Holiday - City Hall Closed Friday, November 26, 2021 Day After Thanksgiving Holiday - City Hall Closed Monday, December 13, 2021 City Council Meeting (4:00 PM) Monday, December 27, 2021 City Council Meeting (4:00 PM) In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting. Page 5 of 124 Page CERTIFICATION OF POSTING OF AGENDA The agenda for the Monday, February 8, 2021 Regular Meeting of the Medina City Council was posted and available for review on Thursday, February 4, 2021 at City Hall of the City of Medina, 501 Evergreen Point Road, Medina, WA 98039. The agenda is also available on the city website at www.medina-wa.gov. Page 6 of 124 Check Register "13th Month" December 2020 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Adamson Police Products INV339896 PD defense supplies $4,795.00 62439 12/31/2020 001-000-000-521-20-31-40 Police Operating Supplies Adamson Police Products INV339353 Ammo/gun supplies $4,435.00 62439 12/31/2020 001-000-000-521-20-31-60 Ammo/Range (Targets, etc) Adamson Police Products INV339353CREDIT Gun trade-in credit ($430.00)62439 12/31/2020 001-000-000-521-20-31-60 Ammo/Range (Targets, etc) $8,800.00 62439 Total AT&T MOBILITY 287287975246X12272020 Patrol car connection $768.20 62440 12/31/2020 001-000-000-521-20-42-00 Communications (phone,Pagers) $768.20 62440 Total Bellevue City Treasurer - Water 05065006 10/8/20-12/9/20 CH water $613.45 62441 12/31/2020 001-000-000-518-10-47-00 Utility Serv-Elec,Water,Waste Bellevue City Treasurer - Water 05172008 10/9/20-12/7/20 Medina pk irrig.$1,039.81 62441 12/31/2020 001-000-000-576-80-47-00 Utilities Bellevue City Treasurer - Water 07522006 10/8-12/1/20 Fairweather pk irrig.$113.84 62441 12/31/2020 001-000-000-576-80-47-00 Utilities Bellevue City Treasurer - Water 05066001 10/8-12/9/20 Medina beach pr irrg.$192.58 62441 12/31/2020 001-000-000-576-80-47-00 Utilities $1,959.68 62441 Total BHC Consultants, LLC 0013251 Bldg insp. svcs, Dec'20 $1,359.07 62442 12/31/2020 001-000-000-558-60-41-06 Building Inspector Contract $1,359.07 62442 Total BRC Acoustics & Audiovisual Design 26257 Sound test svcs $800.73 62443 12/31/2020 001-000-000-558-60-41-08 Sound Testing Consultant $800.73 62443 Total Buenavista Services, Inc 8237 Janitorial svcs, PO&CH $2,037.75 62444 12/31/2020 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg Buenavista Services, Inc 8236 Janitorial svcs,park restrooms $1,158.62 62444 12/31/2020 001-000-000-576-80-41-04 Professional Services-Misc $3,196.37 62444 Total Building Envelope Services LLC 2134 Bench&Picnic table wood $8,268.15 62445 12/31/2020 001-000-000-594-76-64-00 Parks Capital Outlay $8,268.15 62445 Total Centurylink 425-637-3989 759B 12/17/20-1/17/21 PD phones $222.68 62446 12/31/2020 001-000-000-521-20-42-00 Communications (phone,Pagers) $222.68 62446 Total Crystal And Sierra Springs-Admin 11037150 010221 Office drinking water $39.85 62447 12/31/2020 001-000-000-518-10-31-00 Office And Operating Supplies $39.85 62447 Total Crystal And Sierra Springs-PW 5291929 010221 PW drinking water $28.31 62448 12/31/2020 001-000-000-576-80-31-00 Operating Supplies $28.31 62448 Total CWA Consultants 20-322 Bldg plan review $2,600.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services CWA Consultants 20-321 Bldg plan review $1,000.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services CWA Consultants 20-241 Bldg plan review $200.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services CWA Consultants 20-324 Bldg plan review $600.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services CWA Consultants 20-210 Bldg plan review $500.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services CWA Consultants 20-323 Bldg plan review $1,400.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services CWA Consultants 20-213 Bldg plan review $300.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services CWA Consultants 21-006 Bldg plan review $200.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services CWA Consultants 20-242 Bldg plan review $2,400.00 62449 12/31/2020 001-000-000-558-60-41-00 Prof Services $9,200.00 62449 Total Dell Financial Services 80686654 Dell servers 1/6-2/5/21 $2,346.37 62450 12/31/2020 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay $2,346.37 62450 Total Eastside Public Safety Communicat'n 10256 Radio fees, Dec'20 $437.64 62451 12/31/2020 001-000-000-521-20-41-20 Dispatch-EPSCA $437.64 62451 Total Page 1 of 5 AGENDA ITEM 5.1a Pa g e 7 o f 1 2 4 Check Register "13th Month" December 2020 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description FCI - Custom Police Vehicles 13514 PD veh. lease, Oct'20 $645.17 62452 12/31/2020 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13555 PD veh. lease Nov'20 $647.85 62452 12/31/2020 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13462 PD veh. lease, Aug'20 $714.25 62452 12/31/2020 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13516 PD veh. lease, Oct'20 $720.21 62452 12/31/2020 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13473 PD veh. lease, Sept.'20 $717.23 62452 12/31/2020 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13515 PD veh. lease, Nov'20 $755.85 62452 12/31/2020 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13557 PD veh. lease Nov'20 $723.22 62452 12/31/2020 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13556 PD veh. lease Nov'20 $759.00 62452 12/31/2020 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13555 PD veh. lease Nov'20 $291.27 62452 12/31/2020 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13515 PD veh. lease, Nov'20 $325.23 62452 12/31/2020 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13514 PD veh. lease, Oct'20 $293.95 62452 12/31/2020 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13516 PD veh. lease, Oct'20 $273.51 62452 12/31/2020 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13556 PD veh. lease Nov'20 $322.08 62452 12/31/2020 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13557 PD veh. lease Nov'20 $270.50 62452 12/31/2020 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13473 PD veh. lease, Sept.'20 $276.49 62452 12/31/2020 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13462 PD veh. lease, Aug'20 $279.47 62452 12/31/2020 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost $8,015.28 62452 Total Grainger 9754554542 Anti fog eyeglass wipe $29.57 62453 12/31/2020 001-000-000-576-80-31-00 Operating Supplies Grainger 9759302905 Garbage bags $150.29 62453 12/31/2020 001-000-000-576-80-31-00 Operating Supplies Grainger 9759454185 Garbage bags $233.38 62453 12/31/2020 001-000-000-576-80-31-00 Operating Supplies Grainger 9754554559 Pavement cold patch $308.77 62453 12/31/2020 101-000-000-542-30-41-10 Road & Street Maintenance Grainger 9759302913 Pavement cold patch $529.81 62453 12/31/2020 101-000-000-542-30-41-10 Road & Street Maintenance $1,251.82 62453 Total Gray & Osborne, Inc.20414.00-5 Fairweather culvert $157.76 62454 12/31/2020 001-000-000-518-62-40-00 Jobbing & Contract Work Gray & Osborne, Inc.19412.03-20425.23 Grading & drainage svcs $5,984.47 62454 12/31/2020 001-000-000-558-60-41-07 Engineering Consultant Gray & Osborne, Inc.20456.00-11 NPDES assistance $185.88 62454 12/31/2020 101-000-000-542-30-41-03 NPDES Grant Gray & Osborne, Inc.20487.00-7 Storm sys. assessment $9,432.71 62454 12/31/2020 307-000-000-595-30-63-02 Storm Sewer Improvements $15,760.82 62454 Total Home Depot Credit Services 5075234 Shop supplies $150.84 62455 12/31/2020 001-000-000-576-80-31-00 Operating Supplies Home Depot Credit Services 3083760 Shop supplies/hand tools $458.91 62455 12/31/2020 001-000-000-576-80-31-00 Operating Supplies Home Depot Credit Services 3610970 Nuts, bolts, screws $340.15 62455 12/31/2020 001-000-000-576-80-31-00 Operating Supplies $949.90 62455 Total JR Mailing Services, Inc.23371 Qtrly newsletters $689.36 62456 12/31/2020 001-000-000-518-10-49-30 Postcard, Public information $689.36 62456 Total KC Office of Finance 11009724 KC i-Net, Dec'20 $375.00 62457 12/31/2020 001-000-000-518-80-41-50 Technical Services, Software Services $375.00 62457 Total KC Recorder's Office Ord.993 Recording Upland Road St. Vacation $174.50 62458 12/31/2020 001-000-000-511-60-49-00 Miscellaneous $174.50 62458 Total Kirkland Municipal Court DEC20MED Filing fees, Nov'20 $171.67 62459 12/31/2020 001-000-000-512-50-40-10 Municipal Court-Traffic/NonTrf $171.67 62459 Total Konica Minolta Business Solutions 270497809 Copier maint. Dec'20 $248.81 62460 12/31/2020 001-000-000-521-20-48-00 Repairs & Maint-Equip & Evidence SW $248.81 62460 Total Level 3 Communications, LLC 181405762 CH long dist. phones $482.80 62461 12/31/2020 001-000-000-518-10-42-00 Postage/Telephone $482.80 62461 Total Message Watcher, LLC 42875 Email archiving, Dec'20 $188.50 62462 12/31/2020 001-000-000-518-80-41-50 Technical Services, Software Services $188.50 62462 Total Navia Benefit Solutions 10320224 Flex fee, Dec'20 $50.00 62463 12/31/2020 001-000-000-514-20-49-10 Miscellaneous $50.00 62463 Total Page 2 of 5 AGENDA ITEM 5.1a Pa g e 8 o f 1 2 4 Check Register "13th Month" December 2020 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Ogden Murphy Wallace 847022-847028 12/2020 Legal svcs, CC $1,917.50 62464 12/31/2020 001-000-000-515-41-40-00 City Attorney Ogden Murphy Wallace 847022-847028 12/2020 Legal svcs, CS $557.50 62464 12/31/2020 001-000-000-515-41-40-00 City Attorney Ogden Murphy Wallace 847022-847028 12/2020 Legal svcs, Culvert, PCHB $20,341.50 62464 12/31/2020 001-000-000-515-41-40-00 City Attorney Ogden Murphy Wallace 847022-847028 12/2020 Legal svcs, DS $180.00 62464 12/31/2020 001-000-000-515-41-40-00 City Attorney Ogden Murphy Wallace 847022-847028 12/2020 Legal svcs, PD $65.00 62464 12/31/2020 001-000-000-515-41-40-00 City Attorney Ogden Murphy Wallace 847022-847028 12/2020 Legal svcs, PW $32.50 62464 12/31/2020 001-000-000-515-41-40-00 City Attorney Ogden Murphy Wallace 847022-847028 12/2020 Legal svcs, SAO $65.00 62464 12/31/2020 001-000-000-515-41-40-00 City Attorney Ogden Murphy Wallace 847022-847028 12/2020 Legal svcs, Street vacate $4,094.50 62464 12/31/2020 001-000-000-515-41-40-00 City Attorney $27,253.50 62464 Total Otak, Inc.000001210004 Tree code admin.$7,161.21 62465 12/31/2020 001-000-000-558-60-41-50 Landscape Consultant Otak, Inc.000001210003 ROW arborist svcs $1,076.25 62465 12/31/2020 103-000-000-558-60-41-50 Professional Services/Landscape Consultant $8,237.46 62465 Total Pacific Topsoils, Inc.22-T1175326 Dump clean green $168.00 62466 12/31/2020 001-000-000-576-80-41-00 Professional Services Pacific Topsoils, Inc.2-O1077217-01 Sand for road sander $679.80 62466 12/31/2020 101-000-000-542-66-41-00 Snow & Ice Removal $847.80 62466 Total Pitney Bowes Global Financial Services LLC 3312727451 Postage meter lease $451.45 62467 12/31/2020 001-000-000-518-10-41-00 Professional Services $451.45 62467 Total Pro-shred 42070 CH shredding svc $53.00 62468 12/31/2020 001-000-000-518-10-41-00 Professional Services $53.00 62468 Total Public Safety Testing, Inc.2020-0830 Q4 background checks $139.00 62469 12/31/2020 001-000-000-521-20-41-50 Recruitment-Background $139.00 62469 Total Puget Sound Energy 200018418620 11/19-12/18/20 CH power $1,451.11 62470 12/31/2020 001-000-000-518-10-47-00 Utility Serv-Elec,Water,Waste Puget Sound Energy 200004850133 11/16-12/15/20 NE 24th SE camera $38.86 62470 12/31/2020 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Puget Sound Energy 200024956076 11/20-12/20/20 82nd Ave camera $47.90 62470 12/31/2020 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Puget Sound Energy 200004844698 11/20-12/21/20 NE 10th SE camera $37.37 62470 12/31/2020 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Puget Sound Energy 200004844904 11/20-12/21/20 ODE camera $37.47 62470 12/31/2020 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Puget Sound Energy 200004844466 11/20-12/21/20 View pt park power $16.33 62470 12/31/2020 001-000-000-576-80-47-00 Utilities Puget Sound Energy 200012316424 11/19-12/18/20 Medina park power $456.00 62470 12/31/2020 001-000-000-576-80-47-00 Utilities Puget Sound Energy 220014371946 12/3-12/31/20 Street light power $102.77 62470 12/31/2020 101-000-000-542-63-41-00 Street Light Utilities Puget Sound Energy 220013972732 12/3-12/31/20 Street light power $28.74 62470 12/31/2020 101-000-000-542-63-41-00 Street Light Utilities Puget Sound Energy 220013665165 12/3-12/31/20 Street light power $12.41 62470 12/31/2020 101-000-000-542-63-41-00 Street Light Utilities Puget Sound Energy 220014371912 12/3-12/31/20 Street light power $1,743.80 62470 12/31/2020 101-000-000-542-63-41-00 Street Light Utilities $3,972.76 62470 Total Seattle Times, The 3209 Legal notices $334.50 62471 12/31/2020 001-000-000-518-10-44-00 Advertising $334.50 62471 Total Sound View Strategies, LLC 2359 SR520 consulting, Dec'20 $3,000.00 62472 12/31/2020 001-000-000-513-10-41-00 Professional Services $3,000.00 62472 Total Staples Business Advantage 3465877864 Office supplies $58.14 62473 12/31/2020 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3465877865 Office supplies $299.00 62473 12/31/2020 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3465877858 Office supplies $74.93 62473 12/31/2020 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3465877863 Office supplies $36.25 62473 12/31/2020 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3465877862 Office supplies $22.01 62473 12/31/2020 001-000-000-518-10-31-00 Office And Operating Supplies $490.33 62473 Total Stewart MacNichols Harmell, Inc., PS STMT 12/2020 Public defense, Dec'20 $550.00 62474 12/31/2020 001-000-000-515-91-40-00 Public Defender $550.00 62474 Total Summit Law Group 119551 Special counsel, Nov'20 $561.00 62475 12/31/2020 001-000-000-515-45-40-00 Special Counsel $561.00 62475 Total TIG Technology Integration Group 5374471 Dell dock, Taylor $293.70 62476 12/31/2020 001-000-000-518-80-41-50 Technical Services, Software Services TIG Technology Integration Group 5387492 Dell server ext. support $9,292.80 62476 12/31/2020 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay $9,586.50 62476 Total Page 3 of 5 AGENDA ITEM 5.1a Pa g e 9 o f 1 2 4 Check Register "13th Month" December 2020 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Turf Star, Inc.7152677-00 Mower blades $687.04 62477 12/31/2020 001-000-000-576-80-31-00 Operating Supplies Turf Star, Inc.7152007-00 Toro tires & wheels $3,104.35 62477 12/31/2020 101-000-000-542-30-48-00 Equipment Maintenance Turf Star, Inc.7152007-01 Toro tires & wheels $756.37 62477 12/31/2020 101-000-000-542-30-48-00 Equipment Maintenance $4,547.76 62477 Total Utilities Underground Location Ctr 0120175 Locate svcs $45.15 62478 12/31/2020 101-000-000-542-30-47-00 Utility Services $45.15 62478 Total WA ST Auditor's Office L140020 FY 2019 Audit $2,295.93 62479 12/31/2020 001-000-000-514-20-42-00 Intergvtml Prof Serv-Auditors $2,295.93 62479 Total WA ST Dept of Transportation *FB91017006211 PW fuel $32.00 62480 12/31/2020 001-000-000-558-60-49-00 Dues,Subscriptions,Memberships WA ST Dept of Transportation *FB91017006211 PW fuel $228.65 62480 12/31/2020 001-000-000-576-80-32-00 Vehicle Fuel & Lube $260.65 62480 Total WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$172.42 62481 12/31/2020 631-000-000-586-00-01-00 WA St-Auto Theft Protection WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$38.54 62481 12/31/2020 631-000-000-586-00-02-00 WA ST Traumatic Brain Injury WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$23.85 62481 12/31/2020 631-000-000-586-00-03-00 WA St-State Highway Safety WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$9.22 62481 12/31/2020 631-000-000-586-00-04-00 WA ST Death Inv Account WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$96.71 62481 12/31/2020 631-000-000-586-83-08-00 WA St -Emer Med and Trauma WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$52.54 62481 12/31/2020 631-000-000-586-89-09-00 WA ST Highway Account WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$89.57 62481 12/31/2020 631-000-000-586-90-02-00 WA State Gen Fund 54 WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$2,581.35 62481 12/31/2020 631-000-000-586-91-00-00 WA St-State Gen Fund 40 WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$1,349.81 62481 12/31/2020 631-000-000-586-92-00-00 WA St-State Gen Fund 50 WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$75.00 62481 12/31/2020 631-000-000-586-96-03-00 WA St-Lab-Bld/breath WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$459.43 62481 12/31/2020 631-000-000-586-97-05-00 WA St-JIS WA ST Treasurer's Office 2020 Q4 State Shared Rev 2020 Q4 State-shared rev.$156.00 62481 12/31/2020 631-000-000-589-30-03-00 WA St-Bldg Code Fee $5,104.44 62481 Total Zumar Industries, Inc.34910 Sign posts $1,992.71 62482 12/31/2020 101-000-000-542-64-41-00 Traffic Control Devices Zumar Industries, Inc.34909 PW signs $6,731.76 62482 12/31/2020 101-000-000-542-64-41-00 Traffic Control Devices $8,724.47 62482 Total US Bank SCHERF 12/3-/20-1/4/21 Ammo/range $593.95 EFT Payment 12/31/2020 12/31/2020 001-000-000-521-20-31-60 Ammo/Range (Targets, etc) US Bank CRICKMORE 12/3/20-1/4/21 Battery cables $248.79 EFT Payment 12/31/2020 12/31/2020 101-000-000-542-30-31-00 Operating & Maintenance Supplies US Bank WILCOX 12/3/20-1/4/21 Car wash, Tahoe $13.00 EFT Payment 12/31/2020 12/31/2020 001-000-000-558-60-32-00 Vehicle Expenses-Gas, Oil, Maint US Bank CRICKMORE 12/3/20-1/4/21 Chevy brakes $926.53 EFT Payment 12/31/2020 12/31/2020 101-000-000-542-30-48-00 Equipment Maintenance US Bank CRICKMORE 12/3/20-1/4/21 Equip. fuel $451.40 EFT Payment 12/31/2020 12/31/2020 001-000-000-576-80-32-00 Vehicle Fuel & Lube US Bank WILCOX 12/3/20-1/4/21 ICC training, DBO $850.00 EFT Payment 12/31/2020 12/31/2020 001-000-000-558-60-43-00 Travel & Training US Bank KELLERMAN 12/3/20-1/4/21 Internet logs $0.55 EFT Payment 12/31/2020 12/31/2020 001-000-000-518-80-41-50 Technical Services, Software Services US Bank KELLERMAN 12/3/20-1/4/21 Offsite storage, lg $1,458.00 EFT Payment 12/31/2020 12/31/2020 001-000-000-518-30-45-00 Facility Rental US Bank SCHERF 12/3-/20-1/4/21 PD office supplies $42.53 EFT Payment 12/31/2020 12/31/2020 001-000-000-521-20-31-00 Office Supplies US Bank SCHERF 12/3-/20-1/4/21 PD uniforms $938.58 EFT Payment 12/31/2020 12/31/2020 001-000-000-521-20-22-00 Uniforms US Bank CRICKMORE 12/3/20-1/4/21 Pesticide license renewal $33.99 EFT Payment 12/31/2020 12/31/2020 001-000-000-576-80-43-00 Travel & Training US Bank NATIONS 12/3/20-1/4/21 Printer toner & postage $636.40 EFT Payment 12/31/2020 12/31/2020 001-000-000-518-10-31-00 Office And Operating Supplies US Bank CRICKMORE 12/3/20-1/4/21 PW supplies $955.04 EFT Payment 12/31/2020 12/31/2020 001-000-000-576-80-31-00 Operating Supplies US Bank CRICKMORE 12/3/20-1/4/21 PW uniforms $969.69 EFT Payment 12/31/2020 12/31/2020 001-000-000-576-80-22-00 Uniforms US Bank CRICKMORE 12/3/20-1/4/21 Signs, no parking $578.60 EFT Payment 12/31/2020 12/31/2020 101-000-000-542-64-41-00 Traffic Control Devices US Bank WILCOX 12/3/20-1/4/21 Training cancelled refund ($198.00)EFT Payment 12/31/2020 12/31/2020 001-000-000-576-80-43-00 Travel & Training US Bank SCHERF 12/3-/20-1/4/21 veh. maint., Chevron $598.35 EFT Payment 12/31/2020 12/31/2020 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash US Bank KELLERMAN 12/3/20-1/4/21 Zoom meetings $263.87 EFT Payment 12/31/2020 12/31/2020 001-000-000-518-80-31-00 IT HW, SW, Operating Supplies $9,361.27 EFT Payment 12/31/2020 Total 151,602.48$ AP Total Page 4 of 5 AGENDA ITEM 5.1a Pa g e 1 0 o f 1 2 4 Check Register "13th Month" December 2020 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Payroll "13th Mo" December 2020 Payroll Payroll 177.05$ Total 12/31/2020 001-000-000-513-10-11-00 Benefits Payroll "13th Mo" December 2020 Payroll Payroll 392.49 Total 12/31/2020 001-000-000-514-20-11-00 Benefits Payroll "13th Mo" December 2020 Payroll Payroll 544.21 Total 12/31/2020 001-000-000-518-10-11-00 Benefits Payroll "13th Mo" December 2020 Payroll Payroll 6,836.06 Total 12/31/2020 001-000-000-521-20-11-00 Benefits Payroll "13th Mo" December 2020 Payroll Payroll 818.62 Total 12/31/2020 101-000-000-542-30-11-00 Benefits Payroll "13th Mo" December 2020 Payroll Payroll 1,277.82 Total 12/31/2020 001-000-000-558-60-11-00 Benefits Payroll "13th Mo" December 2020 Payroll Payroll 1,234.49 Total 12/31/2020 001-000-000-576-80-11-00 Benefits Total 11,280.74$ Payroll Total 162,883.22$ Period Grand Total Page 5 of 5 AGENDA ITEM 5.1a Pa g e 1 1 o f 1 2 4 Check Register January 2021 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description 8X8, Inc.2869393 New phone implementation $1,980.00 62483 1/19/2021 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay 8X8, Inc.2869392 Staff new phones $871.42 62483 1/19/2021 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay 8X8, Inc.2872042 CH staff new phones $425.80 62483 1/19/2021 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay 8X8, Inc.2870028 Lobby phone port hardware $65.98 62483 1/19/2021 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay 8X8, Inc.2869395 New phones hardware $1,962.12 62483 1/19/2021 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay $5,305.32 62483 Total ArchiveSocial, Inc 13391 Social media archiving, Jan'21 $2,388.00 62484 1/19/2021 001-000-000-518-80-41-50 Technical Services, Software Services $2,388.00 62484 Total AWC 86692 AWC dues, 2021 $1,891.00 62485 1/19/2021 001-000-000-511-60-41-01 Legislative Activities- Regional/Intergovt $1,891.00 62485 Total AWC - Workers Comp Retro 87360 2021 Retro L&I fee $1,117.41 62486 1/19/2021 001-000-000-518-10-49-10 Miscellaneous $1,117.41 62486 Total CNR, Inc 15455 CH phone maint. Jan'21 $199.38 62487 1/19/2021 001-000-000-518-80-48-00 Repairs & Maint., Annual Software Maint. $199.38 62487 Total Comcast 8498330081741723 1/7-2/6/21 700 LWB NE camera $245.20 62488 1/19/2021 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Comcast 8498330130197935 1/7-2/6/21 1000 LWB NE camera $241.34 62488 1/19/2021 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras $486.54 62488 Total Computer & Printer Repair, Inc.24262 Printer repair, Finance $130.63 62489 1/19/2021 001-000-000-518-10-48-00 Repairs & Maint-Equipment $130.63 62489 Total CWA Consultants 21-005 Bldg plan review svc $200.00 62490 1/19/2021 001-000-000-558-60-41-00 Prof Services CWA Consultants 21-004 Bldg plan review svc $400.00 62490 1/19/2021 001-000-000-558-60-41-00 Prof Services $600.00 62490 Total Diligent Corporation INV281862 Agenda mgmt softwre, 2021 $5,969.15 62491 1/19/2021 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay $5,969.15 62491 Total Dude Solutions, Inc.INV-78932 SmartGov connector maint. 2021 $1,232.00 62492 1/19/2021 001-000-000-518-80-48-00 Repairs & Maint., Annual Software Maint. $1,232.00 62492 Total Eastside Public Safety Communicat'n 10290 Radio fees, Jan'21 $437.64 62493 1/19/2021 001-000-000-521-20-41-20 Dispatch-EPSCA $437.64 62493 Total FCI - Custom Police Vehicles 13642 PD veh. lease, Jan'21 $765.34 62494 1/19/2021 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13674 PD veh. lease, Jan'21 $2,660.72 62494 1/19/2021 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13641 PD veh. lease, Jan'21 $653.26 62494 1/19/2021 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13643 PD veh. lease, Jan'21 $729.25 62494 1/19/2021 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13641 PD veh. lease, Jan'21 $285.86 62494 1/19/2021 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13674 PD veh. lease, Jan'21 $451.48 62494 1/19/2021 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13642 PD veh. lease, Jan'21 $315.74 62494 1/19/2021 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13643 PD veh. lease, Jan'21 $264.47 62494 1/19/2021 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost $6,126.12 62494 Total FileOnQ, Inc 8793 FileOnQ renewal,2021 $3,386.02 62495 1/19/2021 001-000-000-521-20-48-00 Repairs & Maint-Equip & Evidence SW $3,386.02 62495 Total Horticultural Elements, Inc.4825.84th landscape, Jan'21 $4,490.00 62496 1/19/2021 101-000-000-542-30-41-00 Professional Services $4,490.00 62496 Total KC Chiefs of Police Assoc 21-024 KCPCSA dues, 2021 $50.00 62497 1/19/2021 001-000-000-521-20-49-40 Dues,Subcriptions,Memberships $50.00 62497 Total Konica Minolta Premier Finance 36994137 CH copier lease $533.61 62498 1/19/2021 001-000-000-518-10-41-00 Professional Services $533.61 62498 Total Lexipol Llc INV8713 Lexipol manuals, 2021 $3,955.00 62499 1/19/2021 001-000-000-521-20-49-41 Lexipol Manuals $3,955.00 62499 Total Norcom 0000981 2021 Q1 Norcom $14,725.40 62500 1/19/2021 001-000-000-521-20-41-15 Dispatch Services-Norcom Trans $14,725.40 62500 Total Puget Sound Clean Air Agency 21-056 2021 PSCAA assessment $9,953.00 62501 1/19/2021 001-000-000-553-70-40-00 Pollution Prevention - Puget Sound Clean Air $9,953.00 62501 Total Page 1 of 4 AGENDA ITEM 5.1b Pa g e 1 2 o f 1 2 4 Check Register January 2021 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Seattle Times, The (subscriptions)060613527 1/6/21-1/4/22 Times subscription, 2021 $613.60 62502 1/19/2021 001-000-000-518-10-31-00 Office And Operating Supplies $613.60 62502 Total Statewide Security Q1 210584 Fire alarm monitoring, Q1'21 $617.10 62503 1/19/2021 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg $617.10 62503 Total TIG Technology Integration Group 17092 IT support, Jan'21 $10,255.82 62504 1/19/2021 001-000-000-518-80-41-50 Technical Services, Software Services $10,255.82 62504 Total Vision Municipal Solutions, Llc 09-8736 Vision software support, 2021 $7,570.00 62505 1/19/2021 001-000-000-514-20-41-01 Professional Services $7,570.00 62505 Total WA Cities Insurance Authority 14914 2021 City insurance $186,167.00 62506 1/19/2021 001-000-000-514-20-46-00 Insurance (WCIA) $186,167.00 62506 Total Willard's Pest Control 286964 Pest control $83.60 62507 1/19/2021 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg $83.60 62507 Total All Around Fence Company 2021-1026 Regional trail fence $1,280.47 62508 1/29/2021 001-000-000-576-80-41-00 Professional Services $1,280.47 62508 Total Bellevue City Treasurer - Water 02623004 10/22-12/21/20 View pt pk irrig.$64.34 62509 1/29/2021 001-000-000-576-80-47-00 Utilities Bellevue City Treasurer - Water 90107027 10/28-12/30/20 View pt pk irrig.$64.34 62509 1/29/2021 001-000-000-576-80-47-00 Utilities $128.68 62509 Total BrianPhotoh 1040.Public portal aerial video $620.00 62510 1/29/2021 001-000-000-558-60-41-00 Prof Services $620.00 62510 Total Centurylink 425-451-7838 049B 1/7-2/7/21 CH CC terminal $154.26 62511 1/29/2021 001-000-000-518-10-42-00 Postage/Telephone Centurylink 425-454-2095 384B 1/8-2/8/21 Emergency line $123.77 62511 1/29/2021 001-000-000-521-20-42-00 Communications (phone,Pagers) Centurylink 425-454-8183 070B 1/8-2/8/21 PW fire alarm line $129.36 62511 1/29/2021 001-000-000-576-80-42-00 Telephone/postage $407.39 62511 Total Comcast 8498330130193264 1/16-2/15/21 NE 12th camera $241.36 62512 1/29/2021 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras Comcast 8498330130193223 1/16-2/15/21 NE 24th camera $241.36 62512 1/29/2021 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras $482.72 62512 Total Crystal And Sierra Springs-Police 5296969 010221 Office drinking water $114.58 62513 1/29/2021 001-000-000-521-20-31-00 Office Supplies $114.58 62513 Total CWA Consultants 21-024.Bldg plan review $2,800.00 62514 1/29/2021 001-000-000-558-60-41-00 Prof Services CWA Consultants 21-023 Bldg plan review $200.00 62514 1/29/2021 001-000-000-558-60-41-00 Prof Services $3,000.00 62514 Total Davidson-Macri Sweeping, Inc.214060 Street sweeping $3,029.95 62515 1/29/2021 101-000-000-542-67-41-00 Street Cleaning $3,029.95 62515 Total Dell Financial Services 80724988 Dell server lease 2/6-3/5/21 $2,346.37 62516 1/29/2021 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay $2,346.37 62516 Total Dell Marketing LP 2008214868277 PD office equipment $2,761.01 62517 1/29/2021 001-000-000-521-20-31-01 IT HW,SW Off Equip <$5K $2,761.01 62517 Total FCI - Custom Police Vehicles 13598 PD veh. lease, Dec'20 $762.17 62518 1/29/2021 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13627 PD veh. lease, Dec'20 $2,651.88 62518 1/29/2021 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13599 PD veh. lease, Dec'20 $726.23 62518 1/29/2021 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13597 PD veh. lease, Dec'20 $650.55 62518 1/29/2021 001-000-000-594-21-70-00 Police Vehicle Lease, Principal Cost FCI - Custom Police Vehicles 13627 PD veh. lease, Dec'20 $460.32 62518 1/29/2021 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13599 PD veh. lease, Dec'20 $267.49 62518 1/29/2021 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13598 PD veh. lease, Dec'20 $318.91 62518 1/29/2021 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost FCI - Custom Police Vehicles 13597 PD veh. lease, Dec'20 $288.57 62518 1/29/2021 001-000-000-594-21-80-00 Police Vehicle Lease, Interest Cost $6,126.12 62518 Total Home Depot Credit Services 7525540 CH light bulbs $69.07 62519 1/29/2021 001-000-000-518-30-48-00 Repairs/maint-City Hall Bldg Home Depot Credit Services 7513193 Starting fluid $17.48 62519 1/29/2021 101-000-000-542-30-31-00 Operating & Maintenance Supplies $86.55 62519 Total Page 2 of 4 AGENDA ITEM 5.1b Pa g e 1 3 o f 1 2 4 Check Register January 2021 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Kirkland, City of KPD2021-003 Inmate housing, Dec'20 $127.00 62520 1/29/2021 001-000-000-521-20-41-55 Jail Service-Prisoner Board $127.00 62520 Total Knox Company INV02248038 Knox box $61.60 62521 1/29/2021 001-000-000-521-20-31-40 Police Operating Supplies $61.60 62521 Total LexisNexis Risk Management - Account 1011660 1011660-20201231 Investigative tool $113.30 62522 1/29/2021 001-000-000-521-20-41-00 Professional Services $113.30 62522 Total Message Watcher, LLC 43014 Email archiving, Jan'21 $174.00 62523 1/29/2021 001-000-000-518-80-41-50 Technical Services, Software Services $174.00 62523 Total Puget Sound Energy 300000000087 12/3-12/31/20 Street light power $22.93 62524 1/29/2021 101-000-000-542-63-41-00 Street Light Utilities $22.93 62524 Total Staples Business Advantage 3467043276 Office supplies $94.88 62525 1/29/2021 001-000-000-518-10-31-00 Office And Operating Supplies Staples Business Advantage 3467043275 PD office supplies $97.70 62525 1/29/2021 001-000-000-521-20-31-00 Office Supplies $192.58 62525 Total TIG Technology Integration Group 5389565 Computers, Kellerman/Nations $6,260.29 62526 1/29/2021 001-000-000-594-14-64-00 City Hall IT HW/SW >$5K Capital Outlay $6,260.29 62526 Total Tree Frog LLC 1268 Planter repair, OLD & 81st $3,130.07 62527 1/29/2021 101-000-000-542-30-41-00 Professional Services $3,130.07 62527 Total US Bank Voyager Fleet Sys.869362426 PD fuel $1,091.76 62528 1/29/2021 001-000-000-521-20-32-00 Vehicle Expenses-Gas, Car Wash $1,091.76 62528 Total WA Assoc of Sheriffs & Police Chief DUES2021-00215 Membership dues, Burns & Gidlof $195.00 62529 1/29/2021 001-000-000-521-20-49-40 Dues,Subcriptions,Memberships $195.00 62529 Total WA ST Patrol l21003468 Background check $13.25 62530 1/29/2021 001-000-000-521-20-41-50 Recruitment-Background $13.25 62530 Total Wood Environment & Infrastructure Solutions, Inc.S51702441 Geotech review svcs $1,633.50 62531 1/29/2021 001-000-000-558-60-41-07 Engineering Consultant $1,633.50 62531 Total US Bank 2021 Jan JE#1836, Bank Fees $1,320.48 2021 Jan Bank Fees 1/31/2021 001-000-000-514-20-49-10 Miscellaneous $1,320.48 2021 Jan Bank Fees Total Ketter, Julie REIMB 1/19/21 Data overage chgs $45.63 EFT Payment1 1/29/2021 001-000-000-576-80-41-00 Professional Services $45.63 EFT Payment1 Total WA ST Dept of Licensing ACH, CPL Fees $75.00 ACH, CPL Fees 12/31/2020 631-000-000-589-30-01-00 Dept Of Lic-Gun Permit $75.00 ACH, CPL Fees Total WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $18.70 EFT Payment2 1/29/2021 001-000-000-521-20-22-00 Uniforms WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $4.86 EFT Payment2 1/29/2021 001-000-000-521-20-31-00 Office Supplies WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $196.60 EFT Payment2 1/29/2021 001-000-000-521-20-31-01 IT HW,SW Off Equip <$5K WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $1,722.38 EFT Payment2 1/29/2021 001-000-000-521-20-31-40 Police Operating Supplies WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $68.16 EFT Payment2 1/29/2021 001-000-000-521-20-35-20 Firearms (Purchase & Repair) WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $650.00 EFT Payment2 1/29/2021 001-000-000-521-20-48-20 Repairs & Maint- HW/SW Maint Cameras WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $6.00 EFT Payment2 1/29/2021 001-000-000-558-60-31-00 Operating Supplies WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $72.80 EFT Payment2 1/29/2021 001-000-000-558-60-49-00 Dues,Subscriptions,Memberships WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $133.93 EFT Payment2 1/29/2021 001-000-000-571-00-30-00 Uniforms - Lifeguards WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $103.82 EFT Payment2 1/29/2021 001-000-000-571-00-32-00 Miscellaneous - Lifeguards WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $12.00 EFT Payment2 1/29/2021 001-000-000-576-80-22-00 Uniforms WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $587.36 EFT Payment2 1/29/2021 001-000-000-576-80-31-00 Operating Supplies WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $21.30 EFT Payment2 1/29/2021 101-000-000-542-30-31-00 Operating & Maintenance Supplies WA ST Department of Revenue 2020 Use Tax 2020 Use Tax Return $114.30 EFT Payment2 1/29/2021 101-000-000-542-64-41-00 Traffic Control Devices $3,712.21 EFT Payment2 Total $306,835.78 AP Total Page 3 of 4 AGENDA ITEM 5.1b Pa g e 1 4 o f 1 2 4 Check Register January 2021 Vendor Invoice Number Expense Notes Invoice Amount Check Number Check Date Account Number Account Description Payroll January 2021 Payroll Payroll 20,140.44$ Total 12/31/2020 001-000-000-513-10-11-00 Benefits Payroll January 2021 Payroll Payroll 23,052.59 Total 12/31/2020 001-000-000-514-20-11-00 Benefits Payroll January 2021 Payroll Payroll 32,310.29 Total 12/31/2020 001-000-000-518-10-11-00 Benefits Payroll January 2021 Payroll Payroll 154,518.30 Total 12/31/2020 001-000-000-521-20-11-00 Benefits Payroll January 2021 Payroll Payroll 22,043.37 Total 12/31/2020 101-000-000-542-30-11-00 Benefits Payroll January 2021 Payroll Payroll 44,277.93 Total 12/31/2020 001-000-000-558-60-11-00 Benefits Payroll January 2021 Payroll Payroll 33,909.43 Total 12/31/2020 001-000-000-576-80-11-00 Benefits Total 330,252.35$ Payroll Total 637,088.13$ Period Grand Total Page 4 of 4 AGENDA ITEM 5.1b Pa g e 1 5 o f 1 2 4 MEDINA, WASHINGTON PLANNING COMMISSION SPECIAL MEETING MINUTES ZOOM Tuesday, December 8, 2020 2:00 PM MINUTES A.CALL TO ORDER The Planning Commission Special Meeting of December 08, 2020 was called to order at 2:06 p.m. by Chair Preston. B. ROLL CALL Commissioners Present: Nelson, Raskin, Reeves, Smith, Schubring and Preston Commissioners Absent: Langworthy Staff Present: Keyser, Taylor and Kellerman C. ANNOUNCEMENTS 1.Keyser announced the 2021 work plan agenda schedule. 2.Chair Preston proposed live comments during Planning Commission Meetings. D. APPROVAL OF MINUTES 1.Amended Minutes from November 17, 2020 Special Planning Commission Meeting. ACTION: Motion Nelson Second Schubring Approved 6-0 E. AUDIENCE PARTICIPATION None F.DISCUSSION Raskin calls motion to recommend adopting average grade. Raskin withdrew motion. 1.Subject: Mitigating Bulk and Potential Height Bonus Keyser discussed code proposal from the agenda packet. Commissioners discussed and asked questions. Staff responded. AGENDA ITEM 5.2 Page 16 of 124 ACTION: Keyser to come back with draft code for pitched roof incentive with expressed due to expressed concerns from today’s meeting. 2.Subject: Tree Code Retention and Replacement Requirements Chair Preston listed factors to consider for Council. Keyser read through tree code information packet. Commissioners give input on existing tree code. Staff responded. ACTION: Continue discussion in next Planning Commission Meeting. G.OTHER BUSINESS None H.ADJOURNMENT Motion Nelson Second Reeves; The Special Planning Commission Meeting adjourned at 4:15pm AGENDA ITEM 5.2 Page 17 of 124 MEDINA, WASHINGTON MEDINA CITY COUNCIL REGULAR MEETING Virtual/Online Monday, January 11, 2021 4:00 PM MAYOR JESSICA ROSSMAN DEPUTY MAYOR CYNTHIA F. ADKINS COUNCIL MEMBERS ROGER FREY JENNIFER GARONE HARINI GOKUL ALEX MORCOS BOB ZOOK CITY MANAGER MICHAEL SAUERWEIN CITY ATTORNEY SCOTT MISSALL CITY CLERK AIMEE KELLERMAN MINUTES 1.REGULAR MEETING - CALL TO ORDER / ROLL CALL Mayor Rossman called the regular meeting to order at 4:00 p.m. City Council Present via MS Teams: Adkins, Frey, Garone, Gokul, Morcos Zook (online at 4:04 p.m.), and Mayor Rossman Council Members Absent: None Staff Present via MS Teams: Sauerwein, Missall, Burns, Osada, Ketter, Nations, Wilcox and Kellerman 2.APPROVAL OF MEETING AGENDA ACTION: Mayor Rossman pulled Agenda Item 6.3 Ordinance Adopting the 2018 Washington State Building Code due to State Building Code Council delaying implementation to July 2021. ACTION: Motion Adkins second Frey and carried by a 6:0 (Zook absent) vote, Council approved the amended agenda as presented. Council moved into Executive Session at 4:05 p.m. for an estimated time of one-hour. AGENDA ITEM 5.3 Page 18 of 124 At 5:00 p.m. Council extended Executive Session for an additional 15 minutes 3. EXECUTIVE SESSION RCW 42.30.140(4)(a) Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. ACTION: Council continued the Executive Session item RCW 42.30.140(4)(a) to the end of the regular meeting under Agenda Item 13. 4. PUBLIC COMMENT PERIOD Mayor Rossman opened the public comment period. There were no speakers. Subsequently, public comment was closed. 5. PRESENTATIONS 5.1 Youth Advisory Board Update by Shayna Lathia Medina Youth Advisor Shayna Lathia gave an update to Council on her proposed creation for a Medina Youth Board. Her updates included the survey sent out to Medina, Clyde Hill and Hunts Point youths. Miss Lathia will propose a meeting with respondents of the survey and start a focus group. Following the first meeting with the focus group, she will report back to the Personnel Committee and City Council. 5.2 Reports and announcements from Park Board, Planning Commission, Emergency Preparedness, and City Council. Park Board Chair Sarah Gray reported that Park Board did not meet in December and will continue to discuss playground equipment replacement at their next meeting. Police Chief Burns reported that Emergency Preparedness will be scheduling a meeting in February and the City is hosting on online community forum on Thursday, January 14 from 5:00 to 6:30 p.m. The focal point for the forum will be emergency preparedness. 6. CONSENT AGENDA ACTION: Motion Adkins second Garone and carried by a 7:0 vote; Council approved the Consent Agenda as amended. AGENDA ITEM 5.3 Page 19 of 124 6.1 December 2020, Check Register Recommendation: Approve. Staff Contact: Julie Ketter, Finance Director 6.2 Draft City Council Meeting Minutes of December 14, 2020. Recommendation: Adopt Minutes. Staff Contact: Aimee Kellerman, CMC, City Clerk 6.3 Ordinance Adopting the 2018 Washington State Building Code – Ordinance No. 994 Recommendation: Adopt Ordinance No. 994. Staff Contact: Steve Wilcox, Development Services Director 6.4 Resolution Amending Resolution No. 413 - 2021 Property Tax Levy, Revising the Language of Resolution No. 413, per King County Assessor’s Request Recommendation: Adopt Resolution No. 416. Staff Contact: Julie Ketter, Finance Director 7. LEGISLATIVE HEARING None. 8. PUBLIC HEARING 8.1 Ordinance Amending Construction Activity Permit (CAP) Recommendation: Adopt Ordinance No. 995. Staff Contact: Steve Wilcox, Development Services Director Director of Development Services Steve Wilcox gave a presentation on his proposed amendments to the Construction Activities Permit process. Mayor Rossman opened the public hearing. There were no speakers. Subsequently, the public hearing was closed. ACTION: Motion Adkins second Zook and carried by a 6:0:1 (Garone abstained) vote; Council adopted Ordinance No. 995. 9. CITY BUSINESS None. AGENDA ITEM 5.3 Page 20 of 124 10. CITY MANAGER'S REPORT 10.1 Police, Development Services, Finance, Central Services, Public Works, City Attorney Police Chief Burns reported that Captain Dave Scherf announced his retirement and will be retiring at the end of January. Civil Service has already started the recruitment process. Director of Development Services Steve Wilcox gave a brief summary of his report. Director of Finance and HR Julie Ketter gave an update on the City’s finances. Director of Public Works Ryan Osada gave an update on flooding in the City and stormwater inspection compliance with Department of Ecology. City Manager Michael Sauerwein gave a summary of the proposed 2021 City Manager goals, projects, and objectives as well as goals for each city department. At this point 6:17 p.m. Council took a brief 10-minute recess. The full Council reconvened at 6:27 p.m. Council rearranged the agenda to move into Executive Session that was continued earlier for an estimated time of 30 minutes. 13. EXECUTIVE SESSION RCW 42.30.140(4)(a) Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. ACTION: No action was taken following the Executive Session. 11. REQUESTS FOR FUTURE AGENDA ITEMS AND COUNCIL ROUND TABLE None. 12. PUBLIC COMMENT Mayor Rossman opened the public comment period. There were no speakers. Subsequently, public comment was closed. AGENDA ITEM 5.3 Page 21 of 124 Council moved into Executive Session for an estimated time of one hour. Council Member Zook recused himself from this discussion. 13. EXECUTIVE SESSION RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. ACTION: No action was taken following the Executive Session. 14. ADJOURNMENT Motion Garone second Adkins; Council adjourned the meeting at 7:41 p.m. _______________________ Jessica Rossman, Mayor Attest: _____________________________ Aimee Kellerman, City Clerk AGENDA ITEM 5.3 Page 22 of 124 Medina City Council Meeting AGENDA ITEM 5.4 Monday, February 8, 2021 AGENDA BILL Subject: Emergency Ordinance Adopting of the 2018 Washington State Building Code – Ordinance No. 994 Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Steven R. Wilcox, Development Services Director Summary: Medina has been working under the 2015 Washington State Building Code since July 1, 2016. Within the building code are regulations intended to protect the health and safety of building occupants. Our building code covers topics including structural integrity, fire safety, administration of permits, energy conservation, mechanical systems, plumbing, gas piping, and much more. The Washington State Building Code is updated every three-years following an extensive public review process. Following two COVID-19 related delays the 2018 edition of the State Code is now mandated to be implemented by all Washington counties, cities and towns on February 1, 2021. Attachment: •Ordinance No. 994 Amending Medina Municipal Code Chapter 20.40 – Building Codes Budget/Fiscal Impact: N/A Staff Recommendation: Adopt 2018 Washington State Building Code. City Manager Approval: Proposed Council Motion: “I move to adopt Emergency Ordinance No. 994 adopting the 2018 Washington State Building Code.” Page 23 of 124 AGENDA ITEM 5.4 ATTACHMENT Ordinance No. 994 Page 1 of 4 Ordinance No. 994 MEDINA CITY COUNCIL AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING MEDINA MUNICIPAL CODE CHAPTER 20.40 – BUILDING CODES; ADOPTING BY REFERENCE THE 2018 EDITIONS OF THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL FIRE CODE, THE INTERNATIONAL MECHANICAL CODE, THE UNIFORM PLUMBING CODE, AND THE INTERNATIONAL SWIMMING POOL AND SPA CODE, ALL TOGETHER WITH LOCAL AMENDMENTS THERETO; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE WHEREAS, the City regulates local construction activity and related matters through the standards and procedures set forth in the state building code, as defined in Chapter 19.27 RCW and as adopted locally in Chapter 20.40 MMC; and WHEREAS, the City Council desires to update the international and uniform codes adopted by reference in Chapter 20.40 MMC to reflect the most current (2018) state-adopted standards, together with appropriate local amendments thereto; and WHEREAS, on January 8, 2021, the State Building Code Council voted to implement an effective date of July 1, 2021 of the 2018 state-adopted standards; and WHEREAS, on January 19, 2021, Governor Inslee overturned the State Building Code Council’s January 8, 2021 decision and vote; and WHEREAS, the new effective date of the 2018 state-adopted standards was thereby reestablished as February 1, 2021 in accordance with June 26, 2020 State Building Code Council decision; and WHEREAS, the Medina City Council finds that due to the Governor’s January 19, 2021 decision, an emergency as defined by RCW 35A.12.120 exists, creating the need to immediately adopt and make effective the 2018 state-adopted standards, including updated and/or new regulations related thereto, all as they are set forth in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The above recitals, denoted as “WHEREAS” clauses, are hereby adopted as findings in support of this ordinance. Section 2. Amendment of Section 20.40.010 MMC. Section 20.40.010 MMC Building Codes is hereby amended as follows: Page 24 of 124 AGENDA ITEM 5.4 ATTACHMENT Ordinance No. 994 Page 2 of 4 All construction activity and construction materials in the city shall be governed by the State Building Code as adopted in Chapter 96, Laws of 1974, as updated by the State Building Code Council to include the 2015 2018 editions of the following codes with amendments: A. International Building Code, Chapter 51-51 51-50 WAC; B. International Residential Code, Chapter 51-51 WAC; C. International Fire Code, Chapter 51-54A WAC; D. International Mechanical Code, Chapter 51-52 WAC; E. Uniform Plumbing Code, Chapter 51-55 51-56 WAC; F. Washington State Energy Code, Chapter 51-11C WAC; G. Washington State Energy Code, Chapter 51-11R WAC; H. International Swimming Pool and Spa Code, WAC Section 51-51-0329 51-51- 0328; I. Liquefied Petroleum Gas Code, NFPA 58 (Propane); J. National Fuel Gas Code, NFPA 54 (Natural Gas); K. National Electrical Code (NFPA 70-2020). All codes referenced in the state legislation are hereby adopted by reference and included as if set forth in their entirety. This adoption shall include all other related codes, standards, and amendments to the referenced codes adopted by the State Building Code Council and enacted by the Washington State Legislature. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by State or federal law or regulation, such decision or pre-emption shall not affect the validity or enforceability of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 4. Corrections. The City Clerk and codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Page 25 of 124 AGENDA ITEM 5.4 ATTACHMENT Ordinance No. 994 Page 3 of 4 Section 5. Effective Date. In accordance with RCW 35A.12.120, this Ordinance is declared to be, and is approved as, an emergency and shall become effective immediately upon passage. The City Clerk is directed to publish the attached summary of this Ordinance at the earliest possible date. APPROVED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 8th DAY OF FEBRUARY 2021 BY A VOTE OF __ FOR, __ AGAINST, AND __ ABSTAINING, AND IS SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 8th DAY OF FEBRUARY 2021. _____________________________ Jessica Rossman, Mayor Attest: _______________________ Aimee Kellerman, City Clerk Approved as to form: Ogden Murphy Wallace, PLLC ____________________________ Scott M. Missall, City Attorney PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: / AB Page 26 of 124 AGENDA ITEM 5.4 ATTACHMENT Ordinance No. 994 Page 4 of 4 Summary of Ordinance No. 994 On the 8th day of February 2021, the City Council of the City of Medina, passed Ordinance No. 994 A summary of the content of said ordinance, consisting of the title and a summary of each section, provides as follows: AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING MEDINA MUNICIPAL CODE CHAPTER 20.40 – BUILDING CODES; ADOPTING BY REFERENCE THE 2018 EDITIONS OF THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL FIRE CODE, THE INTERNATIONAL MECHANICAL CODE, THE UNIFORM PLUMBING CODE, AND THE INTERNATIONAL SWIMMING POOL AND SPA CODE, ALL TOGETHER WITH LOCAL AMENDMENTS THERETO; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE The full text of this Ordinance will be mailed upon request. DATED this day of , 2021. Aimee Kellerman, City Clerk Page 27 of 124 Medina City Council Meeting AGENDA ITEM 5.5 Monday, February 8, 2021 AGENDA BILL Subject: INTERLOCAL AGREEMENT FOR INDEPENDENT FORCE INVESTIGATIONS TEAM - KING COUNTY Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Stephen R. Burns, Chief of Police Summary: In November 2018, Washington state voters passed Initiative 940 (I-940) to establish higher training requirements and police accountability standards for law enforcement officers. Later in 2019, the Washington State Legislature passed the Law Enforcement Training and Community Safety Act (LETCSA) incorporating the training and police accountability standards into law. In response to LETCSA, an independent investigation team is being established for East King County law enforcement agencies called the Independent Force Investigations Team – King County or IFIT-KC. IFIT-KC will handle independent and transparent investigations for officer- involved incidents where the use of deadly force by a police officer results in death, substantial bodily harm, or great bodily harm, occurring within the boundaries of Medina or Hunts Point. Approval of this agreement will allow for Medina Police Department to participate in and, if necessary, use the team while fulfilling the state law. Attachment: Interlocal Agreement for Independent Force Investigations Team – King County (IFIT- KC) Budget/Fiscal Impact: None Staff Recommendation: Approval on Consent Agenda City Manager Approval: Proposed Council Motion: N/A Page 28 of 124 ILA Independent Force Investigation Team – King County pg. 1 INTERLOCAL COOPERATIVE AGREEMENT TO PROVIDE LAW ENFORCEMENT MUTUAL AID BETWEEN THE WASHINGTON STATE PATROL, KING COUNTY SHERIFF’S OFFICE, UNIVERSITY OF WASHINGTON, AND THE CITIES OF BELLEVUE, CLYDE HILL, DUVALL, KIRKLAND, ISSAQUAH, LAKE FOREST PARK, MEDINA, MERCER ISLAND, REDMOND, AND SNOQUALMIE/NORTH BEND FOR THE CREATION OF THE INDEPENDENT FORCE INVESTIGATION TEAM – KING COUNTY (IFIT-KC) THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into by and between the undersigned municipal corporations or towns organized or created under the laws of the State of Washington, the Washington State Patrol, University of Washington, and King County, collectively referred hereinafter as the “Parties” to provide law enforcement mutual aid and mobilization between the Parties. The “member agencies” of this Agreement are the following Law Enforcement Agencies: •Washington State Patrol; •King County Sheriff’s Office; •Bellevue PD; •Duvall PD; •Kirkland PD; •Clyde Hill PD; •Issaquah PD; •Lake Forest Park PD; •Medina PD; •Mercer Island PD; •Redmond PD; •Snoqualmie/North Bend PD; and •University of Washington Police Department. I.RECITALS WHEREAS, the authority of the cooperating agencies entering into this Agreement is that authority provided by Washington law including, and subject to, the general powers of the Parties, the Washington Interlocal Cooperation Act as codified in Chapter 39.34 RCW, and the Washington Mutual Peace Officers Powers Act as codified in Chapter 10.93 RCW; and WHEREAS, RCW 10.114.011 requires that if deadly force by a peace officer results in death, great bodily harm, or substantial bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies; and WHEREAS, RCW 10.114.011 requires that such investigation be carried out completely independent of the agency whose officer was involved in the use of deadly force; and WHEREAS, the Washington State Criminal Justice Training Commission (CJTC) adopted and established criteria to determine what qualifies as an independent investigation (WAC Chapter 139-12, the Law Enforcement Training and Community Safety Act – Independent Investigations Criteria). AGENDA ITEM 5.5 ATTACHMENT Page 29 of 124 ILA Independent Force Investigation Team – King County pg. 2 NOW THEREFORE, in consideration of the terms and provisions herein, it is agreed between the Parties as follows: II.AGREEMENT 1.PURPOSE OF THE AGREEMENT. The Parties signing below recognize the need to establish a regional independent investigative team in King County and a protocol for satisfying the independent investigation requirements of state law. The Parties seek to form a regional independent force investigation team, available for the purpose of conducting the criminal investigation into an officer involved shooting or use of deadly force by an officer or officers of an agency that is a member of the Independent Force Investigation Team of King County (IFIT-KC). 2.DEFINITIONS. For the purposes of this Agreement, the terms “deadly force,” “great bodily harm,” and “substantial bodily harm” are given the same meaning as defined in RCW 9A.16.010 and RCW 9A.04.110. 3.ADMINISTRATION. The IFIT-KC governing body is the “Executive Board.” The Executive Board is comprised of the member agency Police Chiefs and Sheriff, with each agency providing one Board member on behalf of its organization. The Executive Board elects their Board Chair. The IFIT-KC Executive Board is authorized to draft, implement and amend policies and procedures consistent with the purposes of this Agreement and Chapter 139-12 WAC. Such policies and procedures will be known as the “Independent Force Investigations Team – King County Protocol and Guidelines” (“IFIT-KC Protocol”). 4.MUTUAL AID AND LAW ENFORCEMENT SERVICES. Each party will, to the best of its ability and as resources allow, furnish employees to work as part of IFIT-KC. The Parties agree to the following: a.Consistent with RCW 10.114.011, when a member agency engages in conduct resulting in the use of deadly force by a peace officer resulting in death, substantial bodily harm, or great bodily harm, it shall contact the IFIT-KC to seek an independent investigation to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies. b.IFIT-KC will provide independent investigative services to any member agency that requests assistance under this Agreement. IFIT-KC shall render those independent investigative services consistent with the IFIT-KC Protocol, purposes of this Agreement, and Chapter 139-12 WAC. c.In order to maintain independence, no person employed by the agency which used deadly force (“Involved Agency”) may participate in the investigation of the use of deadly force, except as where allowed by the independent investigation protocols laid out in Chapter 139-12 WAC and the IFIT-KC Protocol. d.Member agencies acknowledge that some member agencies may be required to provide some level of access at the scene to an independent oversight agency/committee. Member agencies with an oversight agency/committee shall prepare a list of practices and protocols, which will be made available to the commander of IFIT-KC as soon as practical. AGENDA ITEM 5.5 ATTACHMENT Page 30 of 124 ILA Independent Force Investigation Team – King County pg. 3 e.The Parties expressly recognize that compelled statements by involved officers implicate certain legal rights under Garrity v. New Jersey, 385 U.S. 493 (1967). The parties agree that a statement by an involved officer may only be compelled by the officer’s employing agency pursuant to that agency’s policies and procedures. At no point during the investigation will a compelled statement, or information flowing directly therefrom, be disclosed to the IFIT-KC independent investigators or otherwise to the IFIT-KC. The Parties further recognize that the rights against self-incrimination established under Garrity do not extend to the observations of officers who witnessed, but were not involved in, a use of force incident. Accordingly, the restrictions set forth above do not extend to officers other than those using force. 5.INDEPENDENT CONTRACTOR; EMPLOYEE RESPONSIBILITY; PAYMENT. Investigators provided by Parties shall meet the criterion established by the IFIT-KC Protocol and in compliance with WAC 139-12-030. Each member’s employees shall be considered employees of their employing agency while participating in the investigation into the use of force. The member agencies shall be solely and exclusively responsible for the compensation and benefits for their employee(s) assigned to IFIT-KC. Each member agency shall generally be responsible for all costs of its participation, including overtime and/or back-fill requirements. All rights, duties, and obligations of the employer and employee shall remain with the party for which the employee works. Each member agency agrees to provide sufficient equipment needed by its participating employees to conduct a thorough investigation. Each party shall be responsible for ensuring compliance with all applicable laws with regard to its employees and with provisions of any applicable collective bargaining agreements and civil service regulations. III.GENERAL PROVISIONS 1.INDEMNITY AND HOLD HARMLESS. a.Subject to Paragraph b below, each party to this Agreement agrees to indemnify and hold harmless the other member agencies and their elected officials, officers, employees, from any loss, claim, judgment, settlement of liability, including costs and attorneys’ fees, arising out of and to the extent caused by the negligent acts or omissions of the indemnifying party. By mutual negotiation, each party hereby waives, as respects to IFIT-KC and all other non-indemnifying parties only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event a non-indemnifying member incurs any judgment, award, and/or cost arising therefrom including attorneys’ fees to enforce the provisions of this Section, all such fees. Expenses and costs shall be recoverable from the indemnifying party. b.Nothing herein shall require or be interpreted to cover or require indemnification or payment of any judgment against any individual or member agency/Party for intentionally wrongful conduct of any individual or for any judgment for punitive damages against any individual or member agency/Party. Payment of punitive damage awards shall be the sole responsibility of the individual who said judgment is rendered and/or his or her employer, should that employer elect to make said payment voluntarily and consistent with the requirements of Washington law. AGENDA ITEM 5.5 ATTACHMENT Page 31 of 124 ILA Independent Force Investigation Team – King County pg. 4 c.Each member agency shall be responsible for selecting and retaining legal counsel for itself and or any employee of that agency which is named in a lawsuit alleging liability arising out of the operations of IFIT-KC. Each agency retaining counsel shall be responsible for payment of attorney’s fees and costs incurred by that counsel. Should there be an agreement to share the costs of legal counsel, in lieu of the provisions above, such agreement shall be in writing. 2.COUNTERPARTS. This Agreement may be signed in counterparts and, if so signed, shall be deemed one integrated agreement. 3.MERGER AND ENTIRE AGREEMENT. This Agreement merges and supersedes all prior negotiations, representations, and/or agreements between the Parties relating to the subject matter of this Agreement and to independent investigative services for law enforcement- involved deadly uses of force, and it constitutes the entire contract between the Parties. 4.NO THIRD-PARTY BENEFICIARIES. There are no third-party beneficiaries to this Agreement, and this Agreement shall not impart any rights enforceable by any person or entity that is not a party hereto. 5.SEVERABILITY. If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. 6.TERM OF AGREEMENT AND TERMINATION. This Agreement shall be effective on the date it is signed by two or more members and it shall become effective for a subsequently signing member on the date it is signed by the member. It shall remain effective until December 31, 2021, regardless of the date of execution, and shall be automatically renewed on the last day of December of each successive year for an additional one (1) year period. Additionally, any party may withdraw from this Agreement for any reason by providing written notice to each member agency of such withdrawal specifying the effective date thereof at least thirty (30) days prior to such date. The withdrawal of any party does not result in the dissolution of IFIT-KC, but rather the withdrawing party shall, after the effective date of the withdrawal, no longer be considered a party under this Agreement. This Agreement may be terminated, and the IFIT-KC dissolved at any time by unanimous agreement of the Executive Board. 7.MODIFICATIONS. The provisions of this Agreement may only be modified, amended, or supplemented by written agreement executed by all the Parties hereto. 8.AGENCY CONTACTS Contact between the Parties regarding Agreement administration will be between the representatives of each Party or their designee at the time of this Agreement. Updates to the IFIT-KC Agency Contact list shall be maintained by the Executive Board after execution of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement through their duly authorized officers as of the day and year written below for each. AGENDA ITEM 5.5 ATTACHMENT Page 32 of 124 ILA Independent Force Investigation Team – King County pg. 5 CITY OF BELLEVUE CITY OF DUVALL Name: Name: Title: Title: Date: Date: Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF KIRKLAND CITY OF CLYDE HILL Name: Name: Title: Title: Date: Date: Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF MEDINA CITY OF MERCER ISLAND Name: Name: Title: Title: Date: Date: Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney AGENDA ITEM 5.5 ATTACHMENT Page 33 of 124 ILA Independent Force Investigation Team – King County pg. 6 CITY OF REDMOND CITY OF SNOQUALMIE Name: Name: Title: Title: Date: Date: Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney WASHINGTON STATE PATROL KING COUNTY SHERIFF’S OFFICE Name: Name: Title: Title: Date: Date: Attest: Attest: Clerk Clerk Approved as to Form: Approved as to Form: Attorney Attorney UNIVERSITY OF WASHINGTON Name: Title: Date: Attest: Clerk Approved as to Form: Attorney AGENDA ITEM 5.5 ATTACHMENT Page 34 of 124 ILA Independent Force Investigation Team – King County pg. 7 CITY OF ISSAQUAH CITY OF LAKE FOREST PARK Name: Name: Title: Title: Date: Date: Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney AGENDA ITEM 5.5 ATTACHMENT Page 35 of 124 Medina City Council Regular Meeting AGENDA ITEM 8.1 Monday, February 8, 2021 AGENDA BILL Subject: Planning Commission Recommendation Regarding Bulk Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Stephanie Keyser, Planning Manager Action Requested Council acceptance of Planning Commission’s recommendation on bulk and direction to begin the public process required for a code adoption this summer. Background Complaints from residents regarding the scale of new construction prompted the inclusion of bulk on Planning Commission’s work plan. Planning Commission worked diligently to try and distill a complicated concept into a simple and straightforward code amendment. The following recommendation represents a small step forward toward mitigating bulk. Upcoming Process Upon Council direction, the public process for adopting the structural coverage adjustment for lots larger than 16,000 square feet in the R-16 zoning district will begin. This will include a SEPA review, notice to the Department of Commerce for Growth Management Act review, a public open house, the proposed language being available on the city’s website, a public hearing by Planning Commission, and then a final public hearing and adoption by Council in June. Attachments 1. Memorandum outlining Planning Commission’s recommendation on bulk with draft code (Appendix A) Budget/Fiscal Impact: N/A Staff Recommendation: Accept recommendation and authorize public process to begin City Manager Approval: Proposed Council Motion: Move to accept Planning Commission’s recommendations and direct staff to begin the public process Page 36 of 124 AGENDA ITEM 8.1 ATTACHMENT 1 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: February 8, 2021 TO: Medina City Council FROM: Stephanie Keyser, AICP, Planning Manager RE: Planning Commission Recommendation Regarding Bulk This memorandum outlines the recommendation to Council that Planning Commission unanimously agreed upon at their January meeting. RECOMMENDATIONS Rebalance Structural Coverage in R-16 (Code Amendment by June 2021) On January 26, 2021, the Planning Commission voted unanimously (5-0) to recommend modifying the structural coverage for lots larger than 16,000 square feet in the R-16 zoning district to match what is allowed for the same sized lots in the R-20/R-30/SR-30 zoning districts (Appendix A). Within the code, lots larger than 16,000 square feet that are zoned R-16 are able to build a larger house than the same sized lot in R-20/R-30/SR-30. This is an arbitrary discrepancy that is helping to generate some of the complaints that are received about the scale of new construction. The rationale for this amendment is that it restores balance and proportion among adjacent lots of varying sizes throughout the City and will reduce bulk. Review Residential Development Policy re: Second Floor Step-Back (Work Plan Topic 1) On January 26, 2021, the Planning Commission voted unanimously (5-0) to recommend that the city does not implement a second-floor step-back. While implementing a code like this does create a situation where the floor(s) above the first would be stepped back, thereby creating a wedding-cake like look, the Commission felt that this type of code limits architectural choice and can force poor design. A code like this could also have the unintended consequence of increasing requests for non-administrative variances for property owners who want a box aesthetic for their residence. Review Floor Area Ratio (Work Plan Topic 2) On January 26, 2021, the Planning Commission voted unanimously (5-0) to recommend that the city does not move to a Floor Area Ratio (FAR) method for calculating lot coverage. FAR is typically used for commercial properties although there has been a rise in cities adopting the method for residential uses. Floor area ratio calculates the size of the building relative to the lot but includes exceptions that aren’t counted (like basements, attics that aren’t used as living space, outdoor stairwells, carports, etc.). Page 37 of 124 AGENDA ITEM 8.1 ATTACHMENT 1 Structural coverage (what the city currently uses) takes into account the size of all buildings and structures on a lot and is essentially a bird’s eye view of the structures on a parcel. FUTURE CONSIDERATIONS Planning Commission worked diligently to try and distill a complicated concept into a simple and straightforward code amendment. Although they are providing recommendations that directly address the language in the work plan, thereby concluding the conversation on bulk for the moment, they agreed upon two additional considerations at their January meeting: Investigate Average Grade Calculation On January 26, 2021, Planning Commission voted unanimously (5-0) to recommend that the city investigate moving to an average grade calculation of height instead of original grade. Further Investigation into Mitigating Bulk On January 26, 2021, Planning Commission voted unanimously (5-0) to ask that the discussion of a tradeoff between structural coverage and height (and other incentives) to mitigate bulk continue. CONCLUSION AND ADOPTION TIMELINE Bulk is a complex issue that can easily be analyzed for years. It is acknowledged that the resulting recommendations might not be as satisfying a big-picture amendment as some might have wanted. However, codes are dynamic and will continue to change over time. The structural coverage adjustment recommendation is a small step forward for mitigating bulk. Bulk is a topic that will continue to be addressed both indirectly through the tree code analysis that Planning Commission is currently working on and the upcoming Comprehensive Plan update, as well as directly once again with the inevitable code amendments that will come out of the revised Comprehensive Plan. If Council directs staff to proceed with the public process for the structural coverage code amendment, the timeline for adoption is as follows: Action Progress Planning Commission to vote on recommendation January 26 Planning Commission recommendation presented to Council February 8 Submit SEPA Checklist February 12 Submit Notice of Intent to Department of Commerce February 12 Draft code available on City website February 12 Public Open House (via Zoom) March Planning Commission to hold public hearing May 25 Council to hold final public hearing and adopt code amendments June 14 Page 38 of 124 AGENDA ITEM 8.1 ATTACHMENT 1 Appendix A 20.23.020 Structural coverage and impervious surface standards. A. Table 20.23.020(A) establishes the total structural coverage and total impervious surface allowed on a lot within the R-16 zone: Table 20.23.020(A): R-16 Zone Total Structural Coverage and Impervious Surface Standards Square Footage of the Lot Area Maximum Structural Coverage Maximum Impervious Surface 10,000 or less 30 percent 55 percent 10,001 to 10,500 29.58 percent 55 percent 10,501 to 11,000 29.17 percent 55 percent 11,001 to 11,500 28.75 percent 55 percent 11,501 to 12,000 28.33 percent 55 percent 12,001 to 12,500 27.92 percent 55 percent 12,501 to 13,000 27.5 percent 55 percent 13,001 to 13,500 27.08 percent 55 percent 13,501 to 14,000 26.67 percent 55 percent 14,001 to 14,500 26.25 percent 55 percent 14,501 to 15,000 25.83 percent 55 percent 15,001 to 15,500 25.42 percent 55 percent 15,501 to 15,999 25.21 percent 55 percent 16,000 or greater 25 percent 55 percent 16,001 to 16,500 24.5 percent 55 percent 16,501 to 17,000 24 percent 55 percent Page 39 of 124 AGENDA ITEM 8.1 ATTACHMENT 1 Square Footage of the Lot Area Maximum Structural Coverage Maximum Impervious Surface 17,001 to 17,500 23.5 percent 55 percent 17,501 to 18,000 23 percent 55 percent 18,001 to 18,500 22.5 percent 55 percent 18,501 to 19,000 22 percent 55 percent 19,001 to 19,500 21.5 percent 55 percent 19,501 to 29,999 21 percent 55 percent 30,000 and greater 21 percent 55 percent B. Table 20.23.020(B) establishes the total structural coverage and the total impervious surface allowed on a lot within the R-20, R-30 and SR-30 zones: Table 20.23.020(B): R-20, R-30 and SR-30 Zones Total Structural Coverage and Impervious Surface Standards Square Footage of the Lot Area Maximum Structural Coverage Maximum Impervious Surface R-20 Zone R-30/SR-30 Zones 16,000 or less 25 percent 52.5 percent 52.5 percent 16,001 to 16,500 24.5 percent 52.5 percent 52.5 percent 16,501 to 17,000 24 percent 52.5 percent 52.5 percent 17,001 to 17,500 23.5 percent 52.5 percent 52.5 percent 17,501 to 18,000 23 percent 52.5 percent 52.5 percent 18,001 to 18,500 22.5 percent 52.5 percent 52.5 percent 18,501 to 19,000 22 percent 52.5 percent 52.5 percent 19,001 to 19,500 21.5 percent 52.5 percent 52.5 percent 19,501 to 29,999 21 percent 52.5 percent 52.5 percent 30,000 and greater 21 percent 52.5 percent 50 percent C. The total maximum structural coverage and impervious surface area allowed on a lot within the parks and public places and the neighborhood auto zones shall be pursuant to the special use provisions specified for uses within those zones. However, where structural coverage or impervious surface maximums are not specified under the special use provisions, the structural coverage and impervious surface area maximum for the R-20 zone in Table 20.23.020(B) shall apply as applicable. Page 40 of 124 AGENDA ITEM 8.1 ATTACHMENT 1 D. The maximum structural coverage and maximum impervious surface area allowed on a lot is determined by multiplying the square footage of the lot area by the corresponding structural coverage and impervious surface area maximum percentages specified in Tables 20.23.020(A) and (B) for the zone in which the lot is located (e.g., a 16,000 square foot lot zoned R-16 may have a maximum of 4,000 square feet (16,000 x 0.25 = 4,000) structural coverage and 8,800 square feet (16,000 x 0.55 = 8,800) impervious surface area per Table 20.23.020(A)). 20.23.030 Calculating structural coverage. A. Structural coverage is the total surface area of a lot covered by or beneath buildings and structures including but not limited to buildings, roof eaves including gutters, patios, decks, sports courts, swimming pools and spas, gazebos, gateways, and trellises. B. The maximum structural coverage and maximum impervious surface area allowed on a lot is determined by multiplying the square footage of the lot area by the applicable percentages specified in tables in MMC 20.23.020(A) and (B) for the zone in which the lot is located. C. When calculating the structural coverage on a lot, the following are excluded from the structural coverage limits: 1. Any pervious surface areas beneath roof eaves including gutters such as areas with living vegetation, but not including areas with pervious surfaces containing gravel, rocks or other similar hardscape materials wherever such materials cover more than 25 percent of the area directly below the roof eaves; 2. Areas beneath the roof eaves including gutters containing water features; 3. Areas beneath the roof eaves including gutters containing driveway surface that provides access to a nonpedestrian garage door entrance provided: a. The roof eave excluding gutters does not project more than two feet from the exterior wall of the building; and b. The driveway surface area not counted as structural coverage does not extend more than two feet in each direction horizontally from the outer edges of the garage door; 4. Uncovered structures, including, but not limited to, decks, patios, stairs and walkways where the height of the uncovered structure does not exceed 30 inches above the existing or finished grade, whichever is lower; 5. Structures located waterward of the ordinary high water mark as defined in RCW 90.58.030 and the Medina shoreline master program; 6. Fences and walls where the greatest width dimension of the fence or wall, including any features that are part of the wall or fence, does not exceed one foot (12 inches); 7. Retaining walls where the greatest width dimension of the structure, excluding underground foundation footings, does not exceed one foot (12 inches); 8. Garden-type structures, such as arbors, bowers, pergolas, trellises and similar open structures, provided the aggregate footprint of all such garden-type structures does not exceed one percent of the lot area; and Page 41 of 124 AGENDA ITEM 8.1 ATTACHMENT 1 9. Structures placed entirely underneath the existing grade of the earth surface of the lot provided: a. No part of the underground structure protrudes above the ground surface of the finished grade, except: i. Decks, patios, and walkways that are over the underground structure and for which the height of such structures does not exceed 30 inches above the existing or finished grade, whichever is lower; and ii. Openings in the ground surface that are necessary to provide ingress and egress to the underground structure and where such openings are the minimum necessary to provide ingress and egress; b. Provisions for impervious surface area continue to apply. Page 42 of 124 Medina City Council Regular Meeting AGENDA ITEM 8.2 Monday, February 8, 2021 AGENDA BILL Subject: Home Business and Animal Control Code Changes Category: Consent Ordinance Public Hearing City Council Business Resolution Other – Discussion Prepared By: Scott Missall, City Attorney Action Requested Council acceptance of (i) the final proposed Home Business Code change ordinance and (ii) the Animal Control Code change memorandum, for the purpose of obtaining Dept. of Commerce GMA review. Background The two Code change projects noted above arose last year in the course of Development Services enforcement actions. They have been on parallel tracks for adoption of Code changes that will eliminate ambiguities in the Code and enhance Development Services’ application and enforcement of the City’s land use regulations. Both topics have been previously reviewed by Council on several occasions, but last Fall were deferred to the first quarter of 2021 for final action. The Home Business Code changes are further along and already in final ordinance format. The Animal Control changes are in memorandum format to enable Council’s final review of the City Attorney’s recommended changes in the same format as they last viewed this topic. Upcoming Process Upon Council acceptance, the Animal Control changes will be converted to ordinance format and transmitted with the companion ordinance adopting new Home Business regulations, to the Department of Commerce for Growth Management Act review. Commerce will perform the review and return any comments to the City within 60 days of transmittal. At that point, both ordinances will be brought back to Council for required public hearings and final adoption at the Council’s first April meeting. Attachments 1. Proposed Ordinance adopting new and amended Home Business regulations. 2. Memorandum listing proposed new and amended Animal Control regulations. Budget/Fiscal Impact: N/A Staff Recommendation: Accept and authorize transmittal to Dept. of Commerce City Manager Approval: Proposed Council Motion: Move to accept Home Business ordinance and Animal Control Codes changes and authorize transmittal to Dept. of Commerce Page 43 of 124 AGENDA ITEM 8.2 ATTACHMENT 1 Ordinance No. _ Page 1 of 5 Ordinance No. ______ MEDINA CITY COUNCIL AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING THE CITY’S HOME BUSINESS REGULATIONS AND MAKING RELATED ORGANIZATIONAL AND HOUSEKEEPING CHANGES; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, portions of the Medina Municipal Code (MMC) concern the operation of, and the conditions and limitations on, home businesses within Medina; and WHEREAS, the Council desires to revise, amend and clarify those regulations to enhance their utility to the City and the Medina community, to insure that home businesses are operated in a manner consistent with the City’s Comprehensive Plan and Unified Development Code, and to minimize external impacts that can arise from operation of home businesses; and WHEREAS, the Council desires to make other appropriate organizational and associated housekeeping changes to the MMC to facilitate those goals and better integrate home business regulations within the MMC; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Amendment to MMC 20.00.020. MMC Section 20.00.020, entitled “Statement of Purpose”, is amended as set forth below: 20.00.020 Statement of purpose. A.The UDC is a comprehensive set of regulations that governs the physical development of all land and water within the city of Medina, except where state-owned properties are exempt under state law, for the purpose of orderly development within the community. The UDC consolidates the city’s zoning, platting, environmental, construction and other development regulations into a one-book source with the goal of providing consistency between different regulations, and making the ability to find information related to development easier. B.The primary purpose of the regulations under this title is to: 1.Encourage and guide development consistent with the goals, and policies and intent of the Medina comprehensive plan; 2.Protect the community’s single-family residential nature and the natural aesthetic quality of the community; 3.Address both natural and manmade environmental considerations as part of the project permitting processes; 4. Protect the public’s health, safety and welfare as a whole and not create a duty of protecting any person or class of persons; and 5.Provide appropriate procedures for enforcement of the regulations of this title. Page 44 of 124 AGENDA ITEM 8.2 ATTACHMENT 1 Ordinance No. _ Page 2 of 5 Section 2. Amendment to MMC 20.12.090. MMC Section 20.12.090, entitled “’H’ Definitions”, is amended to add a definition for Home Business as set forth below: 20.12.090 “H” Definitions. “Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas. “Hardscape” means any inorganic decorative landscape materials, including but not limited to stones, boulders, cobbles, pavers, decorative concrete incorporated into an overall landscape design of the grounds. This definition includes, but is not limited to, patios, walkways, steps, and other paved areas on the ground. “Hazard areas” means areas designated as geologically hazardous areas due to potential for erosion, landslide, seismic activity, or other geologic condition. “Hazard tree” means a tree designated by the city arborist as having a high to extreme risk using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) system. A hazard tree must have a likely or very likely potential to fail and a target that might sustain injury or damage. Hazard trees are created through a variety of circumstances including human influences, disease, and weather. “Hearing body” means the body designated by the city council to preside over an open- record hearing or closed-record appeal. “Hearing examiner” means the person appointed pursuant to MMC 2.78.020 with the powers and duties prescribed in Chapter 2.78 MMC. “Height” means a vertical distance measured between two points. “Home Business” means an economic enterprise to make a product or perform a service, or undertake any activity that requires a business license from the State of Washington, that is conducted or operated pursuant to MMC 20.31.010 within a single family dwelling by the resident occupant or owner thereof, which use shall be clearly incidental and secondary to the residential use of the dwelling, including the use of the dwelling as a business address in a directory or as a business mailing address. “Horticulture” means the occupation of cultivating plants, especially flowers, fruit, and vegetables. “Hot tub” means a hydro-massage pool, or tub for recreational or therapeutic use designed for immersion of users, and usually having a filter, heater, and motor-driven blower. “Household staff” means individuals who spend more than 50 percent of their working time employed at the residence site and in no event work less than 20 hours per week, Page 45 of 124 AGENDA ITEM 8.2 ATTACHMENT 1 Ordinance No. _ Page 3 of 5 including caregivers. “Housekeeping unit” means one or more persons living together sharing household responsibilities and activities, which may include sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other. A housekeeping unit does not include larger institutional group living situations such as dormitories, fraternities, sororities, and similar groups where the common living arrangement or basis for the establishment of the housekeeping unit is temporary. “Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. “Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. “Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. Section 3. Amendment to MMC 20.31.010. MMC Section 20.31.010, entitled “Home Businesses”, is amended in its entirety to read as follows: 20.31.010 Home business. A.Permissive Use. A home business is permitted within a single-family dwelling provided it meets all the standards and requirements of this section. Home business is defined in MMC 20.12.090. Activities not able to meet all the standards and requirements of this section may be performed in non-residential zone districts of the city if otherwise allowed under the MMC. B.Standards. Every home business shall meet the following standards: 1.The home business shall be clearly incidental and secondary to the use and function of the single-family dwelling as a residence. 2.All external indications of or impacts from a home business shall be compatible with the residential character and nature of the neighborhood. 3.No home business shall cause or result in material changes in neighborhood safety, traffic, number or frequency of vehicle trips, parking demand or parking requirements. 4.The following are prohibited in connection with a home business: signs; noise; smoke; odors; retail trade; pickup and delivery; external structure modifications; and exterior lighting. Page 46 of 124 AGENDA ITEM 8.2 ATTACHMENT 1 Ordinance No. _ Page 4 of 5 C.Requirements. Every home business shall meet the following requirements: 1.The home business shall be located and operated wholly within the single- family dwelling. 2. No more than one person may be employed who is not a family member residing in the residence. 3.Any employee, client(s) and family members shall use off-street parking exclusively. 4.Not more than two vehicles owned or operated by an employee and/or a client shall be parked on the premises at any time. 5.All required local, regional, state, and federal permits and licenses shall have been obtained and shall be current and valid. 6.All required permits and authorizations for the dwelling structure and other attributes of the property and premises shall have been issued by the city and be in current compliance with the Medina Municipal Code. D.Exclusions. The following activities are not allowed as a home business: 1.Storage, receipt or transfer of equipment, materials, and commodities. 2.Stables, kennels, and husbandry of animal; any activities that constitute using, keeping, breeding, raising or harboring any exotic animal or farm animal; and/or activities that are not permitted by MMC chapter 6.04. 3.Agriculture farming and sales activities. 4.Vehicle repair, automobile detailing or automotive servicing activities. 5.Production or storage of any hazardous waste or substance. 6.Any activity that is prohibited by the Medina Municipal Code. E.Enforcement. Pursuant to MMC 20.10.040 and 20.10.050, the director shall apply the provisions of this section to the activities of a home business whenever necessary or appropriate to determine whether the home business meets the requirements and standards of the Medina Municipal Code, and shall issue findings and a decision thereon. Section 4. Amendment to MMC 20.30.020. Subsection E(1) of MMC Section 20.30.020, entitled “Signs”, is amended as follows: E.Residential Sign Standards. Signs associated with residential uses shall comply with all of the standards set forth in this subsection (E). 1. Commercial Signs. Permanent and temporary commercial signs, including home business signs, shall not be erected and/or displayed on properties, or in the adjacent city right-of-way, having a principal use that is residential, except for real estate and event signs complying with the requirements in subsection (F) of this section. Section 5. Corrections. The City Clerk and codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance, including but not limited to the correction of scrivener and clerical errors, references, ordinance numbering, section/subsection numbering and any references thereto. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity Page 47 of 124 AGENDA ITEM 8.2 ATTACHMENT 1 Ordinance No. _ Page 5 of 5 shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after such publication. APPROVED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE ___ DAY OF ___________, 2021 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE ______DAY OF __________, 2021. _____________________________ Jessica Rossman, Mayor Approved as to form: Attest: Ogden Murphy Wallace, PLLC _____________________________ _____________________________ Scott M. Missall, City Attorney Aimee Kellerman, City Clerk PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Page 48 of 124 MEMORANDUM DATE: February 2, 2021 TO: Medina City Council CC: Michael Sauerwein; Steve Wilcox; Aimee Kellerman; Stephanie Keyser FROM: Scott Missall RE: Animal Control Regulations — Final Changes Reflecting Council Plurality Comments 1.Completed and Forthcoming Process This memorandum presents the collected changes to the City’s Animal Control and Unified Development Code regulations following Staff and Council reviews. Upon Council acceptance, these provisions will be drafted into an ordinance and transmitted, in conjunction with the companion ordinance altering the City’s Home Business regulations, to the Dept. of Commerce for GMA review.1 Following that review, both ordinances will be brought back to Council for public hearings and (presumably) final adoption at the Council’s April meeting. 2.Summary and Code Changes Farm animals (variously including pigs, goats, hens/roosters, turkeys, cows, etc) have been kept on one or more residential properties in the City. This topic arose last year when one resident complained to the City about noise, odor, rats, free-ranging animals, and animal waste discharge to the City stormwater system due to farm animals kept on an a neighbor’s property. Keeping farm animals in Medina is and has been generally prohibited, but the references and treatment thereof in the Code is uneven, creating ambiguities and enforcement challenges. In September 2020 the City Attorney recommended the following changes in the Code to remedy ambiguities, ensure more consistent treatment of animals, and minimize enforcement issues: •Add express definitions and regulations concerning farm animals and other animals to the Animal Control code, MMC Chapter 6.04. •Add and integrate the new Animal Control provisions into the Unified Development Code, MMC Title 20. The City Council reviewed and commented on those recommendations. The following Code changes reflect that previous work and comprise the City Attorney’s final recommendation for implementation via ordinance.2 1 The Growth Management Act requires Dept. of Commerce review of land use regulations prior to adoption. The Animal Control and Home Business ordinances each qualify for review. Commerce will perform the review within 60 days of transmittal and return any comments to the City. 2 In previous reviews it was suggested that farm animals could be allowed where the impact on adjoining properties was nonexistent or minimal. After internal discussion it was concluded that doing so was AGENDA ITEM 8.2 ATTACHMENT 2 Page 49 of 124 Medina City Council February 2, 2021 Page 2 A.Add New Section MMC 6.04.005 (Intent; Definitions; Prohibitions) to the Animal Control Chapter 6.04.005 Intent; Definitions; Prohibitions A.Intent. The intent of this section is to clearly define animal classification categories and animal prohibitions within the city to ensure proper application and enforcement of the Animal Control chapter and other city code regulations. B.Definitions. The following definitions and animal classifications shall apply throughout the city code, shall be in addition to any definitions adopted by other sections of this chapter, and shall supersede inconsistent definitions adopted by other sections of this chapter when this section 6.04.005 or the following definitions are referenced by other portions of the city code, specifically including Title 20 (Unified Development Code). 1."Domesticated animal or pet"3 means a common domestic beast such as any dog, cat, rabbit, ferret, gerbil, hamster, miniature pig, parrot, chicken (excluding roosters), service animal or other similar animals commonly treated and possessed as a domestic pet. Domesticated animal or pet excludes exotic animals and farm animals. 2."Exotic animal"4 means any animal that does not meet the definition of ‘domesticated animal or pet’ or ‘farm animal’. 3."Farm animal(s)"5 means any animal(s) that may be considered or defined as barnyard, livestock or grazing animals, whether kept in open or fenced fields or grounds, or in structures, and regardless of use or purpose. Farm animal(s) includes without limitation cows, horses, mules, hogs, sheep, goats, roosters and turkeys. C.Prohibitions. No exotic animal nor any farm animal shall be raised, kept, maintained, harbored, used, or bred within the city. The two words in red text above are added from the previous version Council reviewed. B.Add Consistent Animal Control Definitions to MMC Chapter 20.12 (Unified Dev. Code Definitions) Add the following definition to MMC 12.20.050 (“D” Defs): "Domesticated animal or pet" has the meaning and status assigned in MMC 6.04.005. Add the following definition to MMC 12.20.060 (“E” Defs): "Exotic animal" has the meaning and status assigned in MMC 6.04.005. Add the following definition to MMC 12.20.070 (“F” Defs): "Farm animal(s)" has the meaning and status assigned in MMC 6.04.005. There are no changes in these regulations from the previous version Council reviewed. inconsistent with the overall goals of uniform regulations and more reliable enforcement. This issue is not included in the City Attorney recommendations. 3 Adapted from KCC 11.04.020, which is incorporated by reference into MMC Chapter 6.04. 4 New definition. No counterpart in KCC, but “exotic” is defined in MMC 20.60.214 (“E” Defs) as follows: “’Exotic’ means any species of plants or animals which are foreign to the planning area.” 5 Adapted from KCC 21A.06.695, which is incorporated by reference into MMC Chapter 6.04. AGENDA ITEM 8.2 ATTACHMENT 2 Page 50 of 124 Medina City Council February 2, 2021 Page 3 C.Amend Definition of “Agriculture” in MMC 20.12.020 (“A” Defs) for Consistency with Animal Control Definitions “Agriculture” means the use of land for agricultural purposes including any one or more of farming, apiculture, horticulture, floriculture, and viticulture. , but excluding the raising of animals and the Agriculture may not include excludes using, keeping, raising or farming of any animal, and may not include excludes farming of marijuana regardless of whether farmed for medicinal, recreational or research purposes. The minor grammatical change indicated by red text above was changed from the previous version Council reviewed. D.Incorporate Animal Control Definitions in New Home Business Section 20.31.010(D) MMC 20.31 creates and describes five specific “limited uses” allowed by the Code. One of those is Home Business (MMC 20.31.010) which is undergoing contemporaneous amendments and alterations with the Animal Code changes. The overlap occurs at what will be new Section 20.31.010(D)(2), which describes activities that are prohibited as a home business. The following changes ensure the Animal Control regulations are not subject to alteration under a home business request: D.Exclusions. The following activities are not allowed as a home business: 1.Storage, receipt or transfer of equipment, materials, and commodities. 2.Stables, kennels, and husbandry of animals; any activities that constitute using, keeping, breeding, raising or harboring any exotic animal or farm animal; and/or activities that are not permitted by chapter 6.04. 3.Agriculture farming and sales activities. 4.Vehicle repair, automobile detailing or automotive servicing activities. 5.Production or storage of any hazardous waste or substance. 6.Any activity that is prohibited by the Medina Municipal Code. Changes indicated by red text above were made for additional clarification from the previous version Council reviewed. E.Amend MMC 20.31.050 (Commercial Horticulture) for Consistency with Animal Control Definitions The Code permits commercial horticulture as one of its five limited uses. MMC 20.31.050(B) currently excludes “farming of animals” but that wording is inconsistent with the new Animal Control definitions and Home Business changes above. It is altered below to integrate with those other provisions: B.Agriculture uses shall exclude farm animals and exotic animals, and shall exclude the using, keeping, breeding, raising or and farming of any animals, and shall exclude the farming of marijuana including the growth of marijuana in a residential medical marijuana cooperative as described in RCW 69.51A.250 and defined in MMC 20.12.140, notwithstanding any state license or other recognition pursuant to RCW Title 69. The word in red text above was added to the previous version Council reviewed. AGENDA ITEM 8.2 ATTACHMENT 2 Page 51 of 124 Medina City Council February 2, 2021 Page 4 F. Amend Definition of “Agriculture” in MMC 20.60.210 (“A” Defs) for Consistency with Animal Control Definitions MMC 20.6 concerns activities on shoreline property in Medina under the State Shorelines Management Act (SMA), RCW 90.58. The City implements SMA in MMC 20.60 through MMC 20.67, which together form Medina’s Shoreline Master Program (SMP). MMC 20.60 contains the SMP General Provisions, in which MMC 20.60.210 defines “agricultural activities” for purposes of shoreline property. While its application is thus physically limited, the definitional label uses the same words used elsewhere in the Code for animal control and use of non- shoreline property. In addition, MMC 20.60.210 incorporates definitions from WAC 173-26- 020 6 that touch on farm animals and which define, allow or provide for animal-related activities in a manner different from the City Code. The problem this all creates is another cloud the application of the City’s animal control regulations on property lying within the SMA jurisdiction. While the City does not have authority to change State law or regulations, it can add a conflict-resolution provision that should ensure the correct application of the MMC animal control and agriculture regulations to shoreline property. Thus, we recommend that the following definition in MMC 20.60.210 (“A” Defs) be amended as follows: “Agricultural activities” means agricultural uses and practices as defined in WAC 173-26-020 and amendments thereto, provided that in the event of a conflict between (i) the provisions of the City’s Shoreline Master Program relating to “agricultural activities” and farm animals, and (ii) the City’s Animal Control, agricultural and land use regulations, the stricter or more limiting regulation shall apply. There are no changes in this regulation from the previous version Council reviewed This approach is not a perfect solution but it is expedient by avoiding more generalized changes to the SMP and by focusing on the relatively limited and immediate animal control issue. When time and interest later permit, this specific issue could be revisited.7 6 One of the Washington Administrative Code chapters that implement the SMA. 7 If a deeper understanding is desired at this point, we include this analysis: RCW 90.58.065 concerns the “application of guidelines and master programs to agricultural activities”. Subsection (1) thereof states that "Nothing in this section limits or changes the terms of the current exception to the definition of substantial development in RCW 90.58.030(3)(e)(iv)." RCW 90.58.030 defines what "Substantial developments" are, and which are prohibited by the SMA. In particular, RCW 90.58.030(3)(e)(iv) defines what shall not be considered as a substantial development, stating in relevant part: Construction and practices normal or necessary for farming, irrigation, and ranching activities.… A feedlot of any size … shall not be considered normal or necessary farming or ranching activities. A feedlot … shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. Essentially, land within the shoreline zone may be developed for "normal or necessary farming activities," but that does not include its use as a feedlot. That is harmonious with KCC 11.24.010, in that it is both unlawful for livestock to run at large within the County, and unlawful to develop land which allows livestock to subsist. However, it allows many activities and farm animals prohibited by the City. AGENDA ITEM 8.2 ATTACHMENT 2 Page 52 of 124 Medina City Council February 2, 2021 Page 5 G. Amendment of Use Table MMC 20.21.030 (Use table) provides that “Commercial Horticulture/Truck Gardening/Agriculture, Excluding the Raising of Animals“ is an allowed limited use in one zone district. The reference to “excluding raising of farm animals” is superfluous if the foregoing Code amendments are made, but harmless. We do not view this as a necessary amendment. There is no change in this analysis from the previous version Council reviewed. 3.Conclusion With Council approval of the foregoing changes, ambiguities in the City’s Animal Control regulations will be eliminated and enforcement (if needed) will be enhanced. AGENDA ITEM 8.2 ATTACHMENT 2 Page 53 of 124 1 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov Date: February 8, 2021 To: Honorable Mayor and City Council From: Michael Sauerwein, City Manager Subject: City Manager Report 2021 City Manager Goals, Projects, and Objectives The proposed 2021 City Manager Goals, Projects, and Objectives are attached. At the January 11, 2021 City Council Meeting, Council adopted the following revised schedule… •Monday, February 8, 2021 – Regular City Council Meeting: City Council discussion of 2021 City Manager Goals, Projects, and Objectives. •Monday, February 22, 2021 – City Council Retreat. Finalize and adopt 2021 City Manager Goals, Projects, and Objectives. I suggest we have a brief conversation about the 2021 Goals, Projects, and Objectives this evening and save the bulk of our discussion for the February 22, 2021 City Council Retreat. City Council Retreat The draft agenda includes… •Finalize and Adopt 2021 City Manager Goals, Projects, and Objectives. (A calendar outlining estimated dates for completing goals, projects, and objectives will be included.) •Developing a Strategic Vision for City Operations. •Brief review of the City Council Rules & Guidelines (attached). •City Council Meeting Structure. o Structure of First and Second Meetings. o Timing of Department Director Reports. AGENDA ITEM 9.1 Page 54 of 124 2 Up-Coming City Council Meetings •Monday, February 22, 2021 – City Council Retreat. •Monday, March 8, 2021 – Regular City Council Meeting. •Monday, March 22, 2021 – Regular City Council Meeting. AGENDA ITEM 9.1 Page 55 of 124 1 Draft Updated 1-5-2020 2021 City Manager Goals, Projects, and Objectives City Manager o SR 520 Expansion-Joint – Continue to aggressively manage SR 520 expansion-joint noise issue to achieve an agreeable resolution. •Maintain regular and consistent communication with Washington State Legislators, WSDOT, and consultants. •Continue to work with Legislators, WSDOT, and consultants to include Phase 2 of the University of Washington Engineering Department’s Sound Mitigation Study in the State’s Supplemental Budget. •Have the University of Washington Engineering Department to present the results of Phase 2 of their Sound Mitigation Study to the City Council. (2022). o Community Survey – In 2019 and 2020 the Development Services Department conducted three surveys to ascertain citizen’s attitudes regarding construction and development in their neighborhoods. Results of the surveys were discussed at the September 22, 2020 Joint City Council Planning Commission Meeting. In 2021 we will conduct a Community Survey including city services, community priorities, and quality of life in Medina. o Bi-Monthly Online Open House with the City Manager and Police Chief – This is a temporary COVID replacement for “Coffee with the City Manager and Mayor” and “Coffee with a Cop”. •City Staff will hold on-line Community Forums on the following topics: o Emergency Preparedness and other Community Public Safety Concerns. o Drug Awareness for Parents o Virtual Tour of 2021 Public Works Projects and a Presentation of Development Services On-Line Application Process. Coffee with City Manager and Coffee with a Cop events will be scheduled when it is safe to do so. o Park Use Permit – Update the City’s Park Use Permit Process. o Labor Contract Negotiation – Initiate negotiations of the City’s three expiring labor contracts. •Public Works (Teamsters). AGENDA ITEM 9.1 Page 56 of 124 2 • Clerical Employees (Teamsters). • Police Officers (Police Guild). o Speeding and Traffic Calming – the City will conduct a speed study of traffic on Evergreen Point Road, 84th Avenue NE, and the East/West Streets connecting these two main arterials. We will also study Overlake Drive West/East. Based on the data generated by the study, City Staff will recommend implementation of appropriate traffic calming techniques. o Leaf Blowers and Gas-Powered Lawn Equipment – Work with neighboring cities, to regulate use of this equipment. (2020 Performance Review) o Employee Training Programs – The following programs are offered at no-cost though our insurance carrier; Washington Cities Insurance Authority (WCIA). • Implicit Bias and Unlearning Racism – I recently attended this excellent two- day program. While our Police Officers receive similar training on a regular basis as part of the Department’s accreditation process …I would like to provide it to all City employees this year. • Preventing Harassment and Discrimination in the Workplace – This ½ day program is regularly provided to all employees. One session for employees. One for supervisors. We will also include lifeguards and seasonal employees if scheduling allows. o Service Level Agreement – Develop a Service Level Agreement specifying how City Staff responds to questions and complaints. Promote and encourage the use of our on- line Citizen Helpdesk. (2020 Performance Review) o Annual Review Process – Work with the Personnel Committee to develop an annual review process for all City Staff. (2020 Performance Review) o All Staff Meeting – Schedule regular All Staff Meetings. (2020 Performance Review) o Continue working toward earning my PhD in Political Science. o Working with the City Council. • Organize ½-day virtual City Council Retreat this Spring. And, hopefully, 1-day Retreat this Fall. • Review the City’s Vision and Mission Statements. • Discuss City Council Rules and Guidelines. o Monthly Update – Provide the City Council with a monthly status reports on progress in meeting 2021 Objectives. AGENDA ITEM 9.1 Page 57 of 124 3 o Maintain and Expand Visibility in the Community. • Proactively drive around the community, noting any problem issues or areas, and report to Council. • As in past years, I will attempt to attend all City Events and Activities. • In addition to the monthly City Council Meetings and the Study Sessions, I also regularly attend Park Board, and Emergency Preparedness Committee Meetings. Public Works o Streets and Sidewalks 2021. • 86th Ave NE Overlay. • 77 Ave NE Overlay. • 84th Ave NE Overlay – NE 12th to Overlake Drive. • NE 12th St Sidewalk Improvements – West Segment. o Streets and Sidewalks Ongoing. • Trimming hedges and trees impacting sidewalk rights-of-way. • Street sweeping and vactoring catch basins per Department of Ecology. • Timely responses to any community complaints. o Parks. • Medina Park – Playground Addition. • Medina Beach Park – Tree Re-Planting. • Fairweather Park – Tennis Court Resurfacing. o Other Projects. • Stormwater System Mapping and Evaluation Phase 2. • Post Office Floors. • Police Department Floors. Police o Washington Association of Sheriffs and Police Chiefs (WASPC) Accreditation – Medina Police Department is up for WASPC re-accreditation in 2021. Department successfully passed re-accreditation in May 2017. The purpose of law enforcement agency accreditation is to professionalize the law enforcement industry by providing a review process for agencies to be certified as operating under industry best practices and standards. AGENDA ITEM 9.1 Page 58 of 124 4 o Training – Fulfilling the expanded training requirement for the Law Enforcement Training and Community Safety Act (LETCSA), passed in 2018. This will be the first year we will be required to fulfill higher training hours and requirements. In November 2018, voters passed Initiative 940 (I-940) in an effort to establish higher training requirements and police accountability standards so we will need to work to complete the new level of training. o Emphasis on Traffic Safety – Continue to focus on all traffic safety – vehicular, bicycle, and pedestrian – throughout the community through education, engineering (where possible and cost effective), social media, and enforcement to reduce collisions, improve awareness, and improve safety. o Support and promote Medina Emergency Preparedness Committee including Schools Sub-Committee. Development Services o Public Portal – Continue development of our new Public Portal with the goal of fully independent use by outside users. o Staff Cross-Training – This regular and primarily internal training program will assure continuity of services, service maintenance, and workload balancing. o State Building Codes – Adopt the 2018 Washington State Building Code. o Right of Way Permit – Create a new Development Services Right of Way Use permit. This will consolidate all work associated with development projects into Development Services and reduce the Public Works Directors involvement in volumes of small projects. o Development Code and Process Complexity Reduction – Establish goals and propose reductions in the complexity of our codes and process. o Cost vs. Service Analysis – This is a full analysis of the costs of service vs. the fees charged. o Professional Services Contracts – Modify existing consultant professional services contracts in combination with the cost vs. service analysis. o Advance Deposit – Change our existing Advance Deposit System to create better accounting and ease of use. o Code Enforcement – Update Medina Municipal Code Ch. 1.15: Code Enforcement. Finance and Human Resources o Contingency Fund – Work with Finance Committee and City Council on a plan to replenish Contingency Fund. AGENDA ITEM 9.1 Page 59 of 124 5 o 2022 Budget – Prepare a 2022 balanced budget with levy stabilization funding that is required to hit the 10-year mark of 2029. o Labor Contract Negotiation – Initiate negotiations of the City’s three expiring labor contracts. •Public Works (Teamsters) •Clerical Employees (Teamsters) •Police Officers (Police Guild) o Enterprise Fund for Development Services – Work with Development Services to create their own “Enterprise Fund”, separate from the General Fund. o Stormwater Utility – Work toward the development of a stormwater utility including a sustainable funding source. o State Audit – Continue to follow the Washington State Auditor’s Office updates & policy recommendations to achieve another year of a clean audit. o Community Forum on the City Budget Process – Fall 2021 (2020 Performance Review) Central Services and City Clerk Office o IT. •Improve Network Security – Replace necessary hardware. •Upgrade City Hall Telecommunications – Replace 1980s Telephone System. •City Website – Update website pages to be more user-friendly. o Records Management. •File System – Develop new file system following WA State Records Retention Regulations. •Development Services – Clear out old files from storage. •E-Records – Clean up e-records off servers. •Cloud-Based System – Implement cloud-based records management system. •Public Access to City Records - Improve public ability to search for records online. o Payment Portal. •Research an Online Payment Portal. AGENDA ITEM 9.1 Page 60 of 124 Medina City Council Rules & Guidelines (2020) -- 1 {EFM2052423.DOC;4/05708.000002/ } CITY OF MEDINA CITY COUNCIL RULES & GUIDELINES Adopted by the Medina City Council February 10, 2020 AGENDA ITEM 9.1 Page 61 of 124 Medina City Council Rules & Guidelines (2020) -- 2 {EFM2052423.DOC;4/05708.000002/ } MEDINA CITY COUNCIL RULES AND GUIDELINES TABLE OF CONTENTS Chapter 1 Overview and Information Sources 1.1 Introduction ..................................................................................................4 1.2 Independent Municipal Resources ...............................................................4 1.3 Medina Organizational Chart .......................................................................5 Chapter 2 City Council Responsibilities and Values 2.1 Governing Documents .................................................................................7 2.2 Revised Code of Washington.......................................................................7 2.3 Open Public Meetings; Public Records ......................................................7 2.4 Form of Medina Government; Separation of Powers .................................7 2.5 Medina Municipal Code ..............................................................................7 2.6 Medina Personnel Policy Manual ................................................................8 2.7 Medina Annual Budget ................................................................................8 2.8 Medina Comprehensive Plan; Coordinated Growth and Development .......8 2.9 Medina Comprehensive Emergency Management Plan .............................8 2.10 Medina City Council Values ........................................................................9 2.11 New Councilmember Orientation ...............................................................9 Chapter 3 Councilmember Roles and Duties 3.1 Introduction City Council Generally .........................................................10 3.2 Duties of City Council ...............................................................................10 3.3 Selection and Role of Mayor ....................................................................11 3.4 Selection and Role of Deputy Mayor .........................................................11 3.5 Advisory Boards and Commissions ..........................................................12 3.6 City Council Committees ..........................................................................14 Chapter 4 City Council Meetings and Rules 4.1 Regular Council Meetings .........................................................................15 4.2 Special Council Meetings ..........................................................................15 4.3 Council Study Sessions ..............................................................................15 4.4 Council Executive Sessions .......................................................................15 4.5 Public Notice of Council Meetings and Hearings......................................16 4.6 Council Meeting Agendas..........................................................................16 4.7 Council Meeting Rules for Councilmembers ............................................17 4.8 Council Meeting Rules for Public Participants .........................................17 AGENDA ITEM 9.1 Page 62 of 124 Medina City Council Rules & Guidelines (2020) -- 3 {EFM2052423.DOC;4/05708.000002/ } 4.9 Council Meeting Recordings and Minutes ...............................................18 Chapter 5 City Council Meeting Procedures 5.1 Parliamentary Procedure ............................................................................19 5.2 Council Meeting Decorum and Order ........................................................19 5.3 Order of Discussion ...................................................................................19 5.4 Discussion Limits.......................................................................................19 5.5 Ordinances, Resolutions and Motions ......................................................19 5.6 Council Voting and Conflicts ....................................................................20 5.7 Attendance at Council Meetings Required ................................................20 5.8 Remote Participation at Council Meetings ................................................21 Chapter 6 Councilmember Actions and Legal Duties 6.1 Importance of Open Public Meetings ........................................................22 6.2 Representatives of City Act in Accordance with City Policies .................22 6.3 City Council Communications and Records ..............................................22 6.4 Social Media Policy for Councilmembers ................................................24 Chapter 7 Councilmember Conflicts Of Interest 7.1 Conflicts of Interest....................................................................................25 7.2 Appearance of Fairness ..............................................................................26 Chapter 8 Interaction Between City Staff and Councilmembers 8.1 Overview ....................................................................................................27 8.2 City Manager .............................................................................................27 8.3 Council Rules for Interacting with City Staff ............................................27 8.4 City Attorney .............................................................................................28 Chapter 9 Consequences of Violating Rules 9.1 Consequences of Violation ........................................................................29 9.2 Process for Censure....................................................................................29 AGENDA ITEM 9.1 Page 63 of 124 Medina City Council Rules & Guidelines (2020) -- 4 {EFM2052423.DOC;4/05708.000002/ } Chapter 1 OVERVIEW AND INFORMATION SOURCES 1.1 Introduction The Medina City Council Rules & Guidelines are intended to centralize information on common issues and procedures related to local government, the operation of the Medina City Council, and the roles and responsibilities of Medina City Councilmembers. These Guidelines are based on State statutes, City ordinances, court cases, parliamentary procedure guides, and other sources, but are not a substitute for those sources. All Councilmembers shall attend periodic training and refresher courses approved or endorsed by the City and other municipal entities. All Councilmembers are expected to follow these Guidelines and be bound by them unless excused by a vote of at least five members of the City Council. 1.2 Independent Municipal Resources Many informational resources are available to Councilmembers, starting with City staff. Two principal organizational sources are MRSC and AWC: 1.2.1. Municipal Research & Services Center of Washington The Municipal Research and Services Center (MRSC) is a private, non-profit organization based in Seattle, Washington. MRSC is funded by the state legislature, with a mission to promote excellence in Washington local government through professional consultation, research and information services. MRSC information and research services are available free of charge to elected officials and staff of Washington city and county governments. MRSC serves Washington local governments by providing: (1) Dependable advice from a multidisciplinary team of professional consultants; (2) A comprehensive Web site; (3) Access to thousands of sample documents; (4) Timely and informative print and electronic publications; and (5) Access to the largest local government library collection in the Northwest. MRSC is not dedicated to representing or supporting any particular city, however, and is not a substitute for the City's staff. MRSC produces a number of useful guides and handbooks for Councilmembers which are used statewide, including the following: • Mayor & Councilmember’s Handbook. Revised August 2019. The Handbook provides an overview of the structure of municipal government in Washington and the role of the Councilmember in that structure. The primary focus is on Council meetings. • Local Government Policy-Making Process. Revised October 2017. This publication describes the local government policy-making process, outlines effective roles for local officials, and provides practical tips to make the local policy-making process satisfying and productive. • Knowing the Territory - Basic Legal Guidelines for Washington City, County, and Special District Officials. Revised September 2019. This provides a wealth of basic information about the nature, powers and duties of municipal officials; how to stay "out of trouble"; limitations, regulations, and admonitions AGENDA ITEM 9.1 Page 64 of 124 Medina City Council Rules & Guidelines (2020) -- 5 {EFM2052423.DOC;4/05708.000002/ } regarding the exercise of governmental powers; common conflicts of interest; the Open Public Meetings Act; the Appearance of Fairness Doctrine; and legislative immunities and protections. 1.2.2 The Association of Washington Cities The Association of Washington Cities (AWC) is a longstanding private, nonprofit, non- partisan corporation that represents Washington's cities and towns collectively before the state legislature, executive branch and regulatory agencies. Membership is voluntary, but AWC consistently maintains 100% participation from Washington's 281 cities and towns. A 24-member Board of Directors oversees AWC' activities, which focus service work in five areas: • Legislative representation • Educational training • Publications and resources • Technical assistance in personnel and labor relations, energy, transportation, budgeting, planning, risk management and employee wellness • Member programs such as municipal liability and property insurance, employee drug and alcohol testing, and employee benefits 1.3 City Organizational Chart An organizational chart of the City follows on the next page. AGENDA ITEM 9.1 Page 65 of 124 • Ch i e f • Ca p t a i n • Se r g e a n t • Of f i c e r s (6 ) • Of f i c e Ma n a g e r • Po l i c e A d m i n / E m e r g e n c y Mg m t • Se a s o n a l L i f e g u a r d s • Di r e c t o r / B u i l d i n g O f f i c i a l • Pl a n n i n g M a n a g e r • De p u t y Bu i l d i n g O f f i c i a l • Bu i l d i n g I n s p e c t o r s Co n t r a c t e d • De v e l o p m e n t S e r v i c e s Co o r d i n a t o r • Tr e e C o n s u l t a n t Co n t r a c t e d P o s i t i o n • Ci t y C l e r k • De p u t y C i t y C l e r k /C i v i l Se r v i c e S e c r e t a r y • In f o r m a t i o n S y s t e m s Co o r d i n a t o r • In f o r m a t i o n T e c h n o l o g y Co n t r a c t e d • Di r e c t o r • Ma i n t e n a n c e S u p e r v i s o r • Ma i n t e n a n c e W o r k e r s ( 3 ) • Ci t y E n g i n e e r Co n t r a c t e d P o s i t i o n DE V E L O P M E N T S E R V I C E S PO L I C E D E P A R T M E N T CI T Y O F M E D I N A OR G A N I Z A T I O N A L C H A R T CE N T R A L S E R V I C E S PU B L I C W O R K S FI N A N C E /H R DE P A R T M E N T PA R K B O A R D PL A N N I N G C O M M I S S I O N CI V I L S E R V I C E C O M M I S S I O N HE A R I N G E X A M I N E R Co n t r a c t e d P o s i t i o n Up d a t e d : Fe b r u a r y 1 0 , 2 0 2 0 CI T Y A T T O R N E Y Co n t r a c t e d P o s i t i o n CI T Y M A N A G E R CI T Y C O U N C I L CI T I Z E N S O F M E D I N A • Di r e c t o r • As s i s t a n t F i n a n c e Di r e c t o r Ma y o r De p u t y M a y o r Co u n c i l M e m b e r Co u n c i l M e m b e r Co u n c i l M e m b e r Co u n c i l M e m b e r Co u n c i l M e m b e r AGENDA ITEM 9.1 Page 66 of 124 Medina City Council Rules & Guidelines (2020) -- 7 {EFM2052423.DOC;4/05708.000002/ } Chapter 2 CITY COUNCIL RESPONSIBILITIES AND VALUES 2.1 Introduction to Council Service and Responsibilities City Councilmembers not only legislate for the City and establish important and critical community policies, but serve as the "board" members of a public municipal corporation having an annual budget of several million dollars and extensive responsibility for maintaining and regulating the public health, safety and welfare. The Council acts collectively, and every Council action affects the public. Councils must exercise their authority in accordance with federal, state and local law, and each Councilmember must be mindful of their oath and charge to act for and on behalf of the City. These Guidelines provide a summary of important aspects of City and Council activities, but it cannot incorporate all material and information necessary for undertaking the business of the Council or the role of Councilmember. The following list briefly summarizes some of the key principles of government, sources of City and Council authority to govern, and the procedures it must use in doing so. 2.2 Revised Code of Washington The Revised Code of Washington (RCW) is the compilation of all permanent state laws now in force. The RCWs are enacted by the state legislature and signed by the Governor, or enacted via the initiative process. State laws contain many requirements affecting the operation of every city government and administration of meetings and activities of every city council throughout the state. 2.3 Open Public Meetings; Public Records Two of the most important procedural laws the City and Council must follow at all times are the Open Public Meetings Act (OPMA; RCW 42.30) and Public Records Act (PRA; RCW 42.56). These two statutes are mentioned here and frequently throughout the Guidelines because of their pervasive importance. 2.4 Form of Medina Government; Separation of Powers Medina is an optional code city under RCW Title 35A (Optional Municipal Code). As such, Medina is vested with the broadest powers of incorporated cities under the State constitution and the RCW. Medina uses a Council-Manager plan of government pursuant to RCW 35A.13, which separately assigns the City's legislative authority to an elected City Council and the City's the administrative authority to the City Manager. Under that system, the City Manager is appointed and removed by the Council, but the Council is prohibited from interfering with the City Manager's administrative duties. The City Manager thus functions as a chief executive officer, responsible for directing the daily operations of City government and all of its administrative actions, departments and functions. 2.5 Medina Municipal Code The Medina Municipal Code (Code) is the repository for the local laws and regulations adopted by the Council, typically through ordinances and sometimes resolutions. Title 2 of the Code addresses the role of the Medina Council and describes its organization, its AGENDA ITEM 9.1 Page 67 of 124 Medina City Council Rules & Guidelines (2020) -- 8 {EFM2052423.DOC;4/05708.000002/ } meetings and responsibilities, and the appointment of the City Manager, City advisory boards and City commissions. The Code compiles the broad array of local laws adopted by the Council, including zoning and land use standards, health and safety issues, police and traffic regulations, building standards, and revenue and finance issues. 2.6 Medina Personnel Policy Manual The City maintains a Personnel Policy Manual which covers many subjects pertinent to City employees. While they are not employees, Councilmembers shall follow applicable policies, provisions and requirements of the Manual including but not limited to travel on City business, overnight stays, and expense reimbursement for transportation, accommodations, meals, per diem limits, incidental expense limits, use of personal vehicles, and expense reporting. 2.7 Medina Annual Budget The City's annual budget is the primary tool and road map for accomplishing the goals of the City. The annual budget is prepared and proposed by the City staff and then reviewed, altered as appropriate, and approved by the Council. It comprises one of the most important processes the City undertakes because it sets City priorities and policies, and establishes and allocates funding levels and tax revenues. All of that in turn provides the framework for the governmental and administrative operations of the City for the coming year. 2.8 Medina Comprehensive Plan; Coordinated Growth and Development The authority for and requirements related to the City's comprehensive plan derive from the Washington Growth Management Act (GMA; codified primarily at RCW 36.70A). The GMA was enacted in 1990 in response to rapid population growth and concerns with suburban sprawl. It recognized the need for comprehensive and coordinated planning within and among adjacent jurisdictions, the need for environmental regulation to protect Washington's resources and quality of life, and related issues. Counties and cities planning under the GMA are required to adopt formal planning policies in their comprehensive plan that will then guide their respective land use and development activities. Nearly all western and some eastern Washington cities and counties are required to plan under the GMA. The Medina Comprehensive Plan is the blueprint for the City's physical character, its future development and changes, and look and feel of the City. It is updated once annually and creates the conceptual starting point for the City's specific development regulations and procedures. The City's development regulations must be consistent with the City's comprehensive plan, which must in turn be consistent with the comprehensive plans of surrounding cities and King County. 2.9 Medina Comprehensive Emergency Management Plan The City maintains a Comprehensive Emergency Management Plan (CEMP) that outlines actions to be taken during times of extreme emergency. When the Mayor is called upon to declare the emergency, the Police Chief then directs all disaster response activities per the CEMP. Because the Council may be called upon during an emergency to establish policies related to a specific incident, Councilmembers should become familiar with the CEMP. AGENDA ITEM 9.1 Page 68 of 124 Medina City Council Rules & Guidelines (2020) -- 9 {EFM2052423.DOC;4/05708.000002/ } 2.10 Medina City Council Core Values The Medina City Council annually adopts or reaffirms core values for its actions and the actions of its Councilmembers, as follows: ❑ The Council will listen to the community with a goal of achieving the community's interests and objectives. ❑ Councilmembers hold public trust and are fiduciaries of public funds. The Council will strive for sustainable policies that support City finances and goals, and the local economy. ❑ Councilmembers will be respectful at all times, and use their best efforts to collaborate with each other and seek consensus wherever possible. ❑ Councilmembers will exhibit respect for the professionalism and expertise of the City Manager and staff. ❑ Councilmembers will comply with open government laws, including the Public Records Act and Open Public Meetings Act, to promote transparency and maintain trust in government. ❑ Councilmembers will come to meetings prepared. Council meetings will be focused and expeditious, and the Council will strive to make decisions efficiently and with an eye toward finality. ❑ Councilmembers are community leaders. They will listen and act fairly, will strive to avoid conflicts of interest, and will set a good example by following City codes and policies. 2.11 New Councilmember Orientation It is important for the members of the City Council to gain an understanding of the full range of services and programs provided by the City. As new members join the Council, the City Manager and City Clerk will host an orientation program that provides an opportunity for members to tour municipal facilities and meet with key staff within the first quarter of taking office. Another training opportunity for new members is the Association of Washington Cities-sponsored newly elected officials' orientation. At any time, if there are facilities or programs about which you would like more information, arrangements will be made to increase your awareness of these operations. AGENDA ITEM 9.1 Page 69 of 124 Medina City Council Rules & Guidelines (2020) -- 10 {EFM2052423.DOC;4/05708.000002/ } Chapter 3 COUNCILMEMBER ROLES AND DUTIES 3.1 Introduction The City Council is the policy and law making body of the City. State law and local ordinances grant the powers and responsibilities of the Council. The Council may only act as a body and pursuant to consensus or majority vote of the applicable quorum requirements (colloquially "majority"). No Councilmember has any extraordinary powers beyond those of other Councilmembers. While the Mayor has some additional responsibilities such as developing the Council agenda and chairing meetings, when it comes to establishing policies, voting, and other matters all members are equal. It is also important to note that policy is established by at least a majority vote of the Council. Although individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action. Councilmembers should respect adopted Council policy. In turn, it is Staff’s responsibility to ensure the policy of the Council is carried out. The City Council is responsible for appointing one position within the City organization—the City Manager. The City Manager serves at the pleasure of the Council. The City Manager is responsible for all personnel within the City organization, including the city attorney, city engineer, and hearing examiner. Except for the purpose of inquiry, the Council and its members must deal with the administrative personnel solely through the City Manager or the manager's designee in accordance with law. Neither the Council nor any Councilmember may give orders to any subordinate of the City Manager. 3.2 Duties of City Council The following is a non-exclusive outline of City Council duties and responsibilities: 1. Establish Policy a. Adopt goals and objectives b. Establish priorities for public services c. Approve/amend the operating and capital budgets d. Approve contracts over $50,000 e. Adopt resolutions 2. Enact Local Laws a. Adopt ordinances 3. Supervise Appointed Officials a. Appoint City Manager b. Evaluate performance of City Manager c. Establish advisory boards and commissions d. Make appointments to advisory bodies e. Provide direction to advisory bodies 4. Provide Public Leadership a. Relate wishes of constituents to promote representative governance AGENDA ITEM 9.1 Page 70 of 124 Medina City Council Rules & Guidelines (2020) -- 11 {EFM2052423.DOC;4/05708.000002/ } b. Mediate conflicting interests while building a consensus c. Call special elections as necessary d. Communicate the City's vision and goals to constituents e. Represent the City's interest at regional, county, state, and federal levels as authorized by Council 5. Decision-Making a. Study problems b. Review alternatives c. Determine best course of public policy 3.3 Selection and Role of Mayor 3.3.1 Selection of Mayor Biennially at the first meeting of the new Council, the Councilmembers shall select a Mayor using the following procedure. The City Clerk shall preside over the election. 1. Any Councilmember may nominate him or herself or a fellow member. No second is required. Councilmembers may decline their nominations if desired. When all nominations have been received, the nomination period shall be closed. 2. Nominees and nominators may make a brief statement in support of their nominations before the City Clerk closes the nomination period. 3. If more than one nomination is received, the Clerk shall ask the Councilmembers one by one to express their votes. A nominee must receive a majority vote to be selected as Mayor. 4. If a roll call vote fails to garner a majority of votes for a single nominee, motions may be made, and seconded, to: (1) continue the vote to the next meeting, with the incumbent Mayor remaining until then; or (2) remove the nominee with the lowest number of votes and call for a re-vote; or (3) re-open the floor for additional nominations; or (4) continue voting until a single nominee receives a majority vote. In lieu of motions, the Council may reach a consensus on how to proceed. 3.3.2 Role of Mayor The Mayor serves as the presiding officer and acts as chair at all meetings of the City Council. The Mayor may participate in all deliberations of the Council in the same manner as any other member and is expected to vote in all proceedings unless a conflict of interest exists. The Mayor has no veto power. The Mayor may not move an action, but may second a motion. Responsibility to act as the City Council's ceremonial representative at public events and functions has been assigned to the Mayor. The Mayor is vested with the authority to initiate and execute proclamations. The Mayor shall serve as a member of all Council standing committees. 3.4 Selection and Role of Deputy Mayor 3.4.1 Selection of Deputy Mayor Biennially at the first meeting of the new Council, the Council shall decide by majority vote whether to select a Deputy Mayor, or whether to appoint a Councilmember to serve as mayor pro-tempore as the need arises. See RCW 35A. 13.035 ("Biennially at the first AGENDA ITEM 9.1 Page 71 of 124 Medina City Council Rules & Guidelines (2020) -- 12 {EFM2052423.DOC;4/05708.000002/ } meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor."). If the Council decides to appoint a deputy mayor, he or she shall be selected through the same process for electing the mayor. 3.4.2 Role of Deputy Mayor The Deputy Mayor shall fulfill the Mayor's duties in the absence of the Mayor. In the absence of both the Mayor and Deputy Mayor, the Council shall appoint another Councilmember to fulfill the duties. 3.5 Advisory Boards and Commissions 3.5.1 Role of Advisory Boards and Commissions The City Council is empowered to create advisory boards and commissions pursuant to the provisions of Title 35A RCW, or such advisory boards or commissions not specifically enumerated, as the Council deems necessary or advisable. In the exercise of this power, it is the desire of the Council to establish a consistent policy in its decision- making role to fairly and equitably evaluate those citizens of the community who demonstrate a desire to serve on such boards or commissions. Boards, commissions, and citizen committees provide a great deal of assistance to the Council when formulating public policy and transforming policy decisions into action. The City currently has a standing Park Board and a Planning Commission. In addition, special purpose committees and task forces may be appointed by the Council to address issues of interest or to conduct background work on technical or politically sensitive issues. Special purpose committees and task forces will be dissolved upon completion of the intended task. The Council may annually develop a work plan for the Council, a statement of the City Manager's objectives, and work plans for its standing boards and commissions. The Council may assist in coordinating implementation of such work plans. Standing boards and commissions shall conduct regular meetings that are open to the public in accordance with the Open Public Meetings Act, RCW 42.30 ("OPMA"). Upon formation of any special purpose committee or task force, the Council shall determine, based upon the committee's structure and function and with advice from the City Attorney, whether such committee shall be subject to the OPMA. 3.5.2 Appointments, Qualifications, and Terms of Service Persons wishing to be considered for appointment or reappointment to the Park Board or Planning Commission shall submit to the City Clerk's office an application on a form provided by that office. It is the policy of the City Council that each applicant be evaluated on an objective basis utilizing the following criteria: 1. Residency: Members shall be residents of the City of Medina. 2. Sectional Composition: Consideration should be given toward maintaining an equitable balance of community representation on all boards and commissions. Multiple members from the same family or AGENDA ITEM 9.1 Page 72 of 124 Medina City Council Rules & Guidelines (2020) -- 13 {EFM2052423.DOC;4/05708.000002/ } household will not be appointed to a single board or commission in order to avoid the reality or appearance of improper conflict, influence or favor. 3. Occupation: A broad mix of occupational backgrounds on all boards and commissions will be attempted as appointments are considered. 4. Knowledge of Municipal and Planning Process: When ranking equally qualified applicants, consideration shall be given to background experience and knowledge of the municipal process as appropriate to the position in reaching a decision. 5. Contributive Potential: Consideration will be given to the potential contribution that each applicant may make if appointed to a board or commission. Criteria to guide this evaluation may include: a. Ability to communicate effectively b. Desire to perform public service c. Ability to express ideas, concepts, or philosophies d. Desire to participate in decision-making process 6. Leadership Potential: Since each appointee may be called upon to serve as a chair, consideration will be given to each applicant's leadership abilities, including: a. Past or present leadership experience (current employment, special interests, etc.) b. Past or present participation in community services c. Expressed interest in a leadership role No person shall be appointed to serve as a member of more than one board or commission at the same time. Persons serving on a board or commission who have requested appointment to another board or commission position may be appointed to such position if they, concurrent with the appointment, resign from the board or commission position they are then holding. 3.5.3 Appointment Process The following process shall govern the appointment of persons to advisory boards and commissions. 1. The Mayor, together with two other Councilmembers designated by the Mayor, shall constitute a personnel committee to perform the interviews and recommendations for appointments to the Planning Commission and Park Board. The personnel committee shall interview the applicants, although the committee may make recommendations after reviewing applications and without conducting interviews. Upon completing its review, the personnel committee shall make a recommendation of appointment (or no appointment) to the Council. 2. After the personnel committee has forwarded its recommendation to the Council, the Council will be given copies of all applications and will have at least ten days to review and evaluate the applicants and committee's recommendation prior to the meeting at which the Council will be asked to make an appointment or confirm a recommendation. AGENDA ITEM 9.1 Page 73 of 124 Medina City Council Rules & Guidelines (2020) -- 14 {EFM2052423.DOC;4/05708.000002/ } 3. The City Clerk will promptly notify each applicant and the chair of the affected board or commission of the Council's decision made at step 2 above. 3.5.4 Councilmember Roles and Relationship with Advisory Bodies Councilmembers, in their capacity as private citizens, should refrain from providing comment or testimony in matters pending before an advisory board that will receive, or could potentially receive, future review or other action before the Council. Where a Councilmember believes they may wish to provide such comment or testimony, the following shall apply: 1. The Councilmember shall timely advise the City Manager of their desire to provide comment or testimony so the Manager may obtain input and advice from the City Attorney and transmit that to the Councilmember before any comment or testimony is provided. 2. If comment or testimony is not prohibited by law, the Councilmember will declare in the submitted comment and/or at the outset of any testimony upon the record that the Councilmember is present and acting in his or her private capacity as an interested citizen, and not on behalf or at the request of the City Council. 3. The Councilmember shall refrain from stating or implying that the Councilmember's position or opinion is or may be that of the City Council. 4. The Councilmember shall refrain from directing City Staff or the advisory body to take any action on behalf of the Councilmember or his/her comment or testimony. 5. In addition to these Guidelines. the Councilmember shall observe all rules of procedure and protocol that apply to any other private citizen making such comment or testimony to the advisory board. 3.6 City Council Committees Council committees are policy review and discussion arms of the Council, made up of no more than three Council members, that discuss issues and develop recommendations for consideration by the full Council. Committees may be ad hoc or standing. The City Manager or Council by majority vote or consensus may send items to committees for review on an as-needed basis. Committees shall meet as needed to carry out their purpose. Committee meetings shall be open to the public as required by the Open Public Meetings Act (OPMA). Membership on each Council committee shall include the Mayor. The Mayor shall make appointments to each committee after asking each Councilmember's preference and taking those preferences into account. Committees may be formed on any topic, and currently include Personnel and Finance committees. Committees are intended to be flexible and may be dissolved and reconstituted by the full Council depending on the needs of the City. A committee may be dissolved upon motion and approval by a majority of Council. Committee topics and structures should be determined in January of each biennium, but may be addressed more frequently. AGENDA ITEM 9.1 Page 74 of 124 Medina City Council Rules & Guidelines (2020) -- 15 {EFM2052423.DOC;4/05708.000002/ } Chapter 4 CITY COUNCIL MEETINGS AND RULES The City Council's collective policy and law-making powers are put into action at Council meetings. Council meetings are where the Council conducts its business and are governed by the Council. The transparent conduct of City business is required and regulated by statute and provides the opportunity for citizens to be present and to be heard, and for City officials, Staff and Council guests to be available to the Council, press and public. These attributes comprise the essential components of the democratic nature of local government in Washington. 4.1 Regular Council Meetings "Regular meetings" are scheduled in the Medina Code for the second and fourth Monday of each month at 6:30 p.m. in the City Hall Council chambers, 501 Evergreen Point Road, Medina. When these days are designated as a legal holiday, the Council meeting will be held the next business day or on an alternative day selected by the Council. As a general rule, at regular meetings the Council can consider and take action on any topic regardless of whether it is posted in the meeting agenda. All Council meetings shall be conducted in accordance with the Open Public Meetings Act, RCW 42.30 (OPMA) and these Guidelines. Council meetings are recorded and minutes produced by the City Clerk for Council approval. 4.2 Special Council Meetings "Special meetings" may be called by the Mayor or by a majority of the Councilmembers pursuant to the OPMA and require posting and distributing a meeting notice and agenda at least 24 hours in advance of the meeting time. The notice and agenda must be distributed by the City to a pre-existing list of recipients (which includes news media and others requesting receipt of such notices). Other requirements for special meetings are set forth in the OPMA. 4.3 Council Study Sessions The Council may meet informally in a "study session" during any regular or special meeting. The study session is the forum used by Council to review forthcoming programs of the City, to receive progress reports on current issues, to engage in extended discussion of pending topics, and/or to receive and comment on extensive or detailed information from the City Manager and others. Discussions are generally informal and need not follow a particular format. Final action may be taken in accordance with the OPMA. 4.4 Council Executive Sessions An executive session of the Council my called at any time as provided in the OPMA. At the call of the Mayor or with a majority vote, the Council may convene in executive session to privately discuss and consider matters of confidential concern to the City. Matters discussed and documents reviewed in executive sessions may not be divulged by any Councilmember to any other person without prior authorization of a majority of the AGENDA ITEM 9.1 Page 75 of 124 Medina City Council Rules & Guidelines (2020) -- 16 {EFM2052423.DOC;4/05708.000002/ } Council. The purposes for which an executive session may be held are specified in the OPMA (at RCW 42.30.110) and include the following typical reasons: ❑ Discussion with legal counsel of pending or potential litigation or agency policies and enforcement actions ❑ Property acquisition/disposition when public knowledge of the discussion could harm the City's bargaining position ❑ Matters affecting national security ❑ Performance review of publicly bid contracts when public knowledge of the discussion could lead to a likelihood of increased price ❑ Review of complaints or charges against a public officer or employee ❑ Review of qualifications and performance of employees and certain applicants ❑ Evaluation of qualifications of candidates for appointment to an elective office Before convening in executive session, the Mayor shall publicly announce the purpose for the executive session by citation to the OPMA, and the anticipated time when the executive session will be concluded. The Mayor shall indicate whether Council action is likely to be taken (or not) after the executive session. An executive session may be extended to a stated later time by announcement of the Mayor. At the conclusion of an executive session, if it is the last item of business on the Council's agenda, the Council shall reconvene to regular session, take action if appropriate, and adjourn its meeting. 4.5 Public Notice of Council Meetings and Hearings Cities are charged by statute with establishing and following procedures for notifying the public of upcoming Council meetings, hearings and agendas. The City Clerk is responsible for publishing and posting all notices and agendas required by law and these Guidelines. 4.5.1 Notice of Council Meetings and Agendas. The public shall be notified of the preliminary agenda for each regular City Council meeting by posting a copy of the agenda at City Hall and on the City's official website at least 24 hours in advance of the meeting. Earlier notice is typically given by the Clerk. 4.5.2 Notice of Council Hearings. Except where a specific means of notifying the public of a hearing is provided by law or ordinance, public hearings before the City Council or the City's boards and commissions shall be noticed through one publication on the City's website and in its official newspaper notice, at least ten days before the hearing date, and shall contain the time, place, date, subject, and body before whom the hearing is to be held. RCW 35.22.288. 4.6 Council Meeting Agendas The City Manager shall have primary responsibility for placing items on the Council agenda. The City Manager, Mayor and often the Deputy Mayor will review the agenda prior to each regular meeting. Items of City business may be added by request of two or more Councilmembers. So that staff have time to prepare and Councilmembers are not prejudiced by addition of last-minute agenda items, Councilmembers must notify the City Manager of desired agenda items at least seven calendar days in advance of the meeting. The Council shall use a consent agenda for routine items not requiring in-depth discussion. A Councilmember may make a motion to remove an item from the consent agenda for full consideration by the Council. AGENDA ITEM 9.1 Page 76 of 124 Medina City Council Rules & Guidelines (2020) -- 17 {EFM2052423.DOC;4/05708.000002/ } Councilmembers shall review the agenda and packet in advance of the meeting, and address any questions to Staff ahead of time if possible to facilitate productive and efficient meetings. 4.7 Council Meeting Rules for Councilmembers ❑ Councilmembers shall act in a courteous, professional and respectful manner toward each other, the staff and the public. ❑ Councilmembers shall have reviewed the agenda materials and be prepared to substantively address all items on the Council agenda in a reasonable manner. ❑ Councilmembers shall use their best efforts to maintain a balanced and open perspective, and a sense of humor, in conducting Council and public business. ❑ Councilmembers shall avoid surprising one another or Staff with relevant issues or questions that could be researched, evaluated, and individually discussed before the meeting. ❑ Councilmembers will respect and abide the majority vote of the Council and speak with one voice on such topic going forward. Councilmembers should not work to undermine the decision of the Council. Councilmembers shall move forward expeditiously with Council decisions without rehashing previously discussed information or engaging in conversation with the public during the business meeting. ❑ Councilmembers shall use their City-provided electronic device to view the agenda packet and perform and complete the Council's business. See Guidelines at Chapter 6. Councilmembers may use personal or other electronic devices with advance notice and permission of the Mayor. In the event a change of device during a meeting is necessitated by, for example, a dead battery, the Councilmember will contemporaneously advise the Mayor thereof. ❑ Councilmembers shall not be repetitive in arguments or discussion or personally attack other members who may have contrary views. 4.8 Council Meeting Rules for Public Participants 4.8.1 Written Communications All persons may address the Council by written communications, including via e-mail. Written communications timely received by the City pertaining to items for which a public hearing has been scheduled will be made a part of the public record by the City Clerk who shall read the comment aloud and submit the communication into the record. 4.8.2 Verbal Communications. Council meetings are recorded. Each person addressing the Council at a regular or special meeting (if allowed) will do so from the podium and will speak in an audible tone of voice. Public comments shall be allowed only during the designated comment period(s) of Council meetings and public hearings. Speakers shall comply with the following rules: AGENDA ITEM 9.1 Page 77 of 124 Medina City Council Rules & Guidelines (2020) -- 18 {EFM2052423.DOC;4/05708.000002/ } 1. Prior to making comments the speaker shall fill out the Clerk's comment card, and first give his/her name and address before starting comments. 2. Comments shall relate to matters of Council action and City business. 3. Comments shall be limited to three minutes unless a greater length of time is requested and approved by the Mayor. 4. All comments shall be addressed to the Council as a body and not to any member thereof. No comments shall be directed to Staff without the Mayor's permission. 5. Speakers may be asked to keep their remarks courteous and respectful. Speakers shall not engage in conduct that unreasonably disrupts the meeting, nor make comments for commercial or other purposes unrelated to the Council's business. 6. Councilmembers shall not engage in debate or conversations with speakers or each other during the comment period or otherwise, but may ask clarifying questions when recognized by the Mayor. Public comments or questions requiring a Staff response shall typically be referred to the City Manager for follow-up. 4.9 Council Meeting Recordings The City Clerk shall make and keep audio recordings of all meetings of the City Council, except those meetings or portions thereof conducted in executive session. Recordings and related records of all Council meetings shall be retained by the City in accordance with the Washington State Records Retention Schedule, the Public Records Act, and other applicable statutes. AGENDA ITEM 9.1 Page 78 of 124 Medina City Council Rules & Guidelines (2020) -- 19 {EFM2052423.DOC;4/05708.000002/ } Chapter 5 CITY COUNCIL MEETING PROCEDURES 5.1 Parliamentary Procedure Unless otherwise addressed by these Guidelines, Council meetings shall be conducted in accordance with traditional rules of parliamentary procedure, for which Roberts Rules of Order (RRO) will be consulted when necessary. Parliamentary rules are intended to assist the Council in conducting business in an orderly manner, but strict adherence to parliamentary procedure shall not be required. Councilmembers are encouraged to work through discussions by consensus wherever possible. In the event that the procedure for considering a matter is unclear or in dispute after referencing RRO, the following procedure shall be employed: (a) a motion shall be made proposing a course of action; (b) a second shall be required; (c) thereafter, each Councilmember shall be afforded the opportunity for discussion; and (d) the Mayor shall call for a vote. The Council shall be bound by the results of the vote. The Mayor or a Councilmember may ask the City Attorney for clarification or guidance on matters of parliamentary procedure. The City Manager, City Clerk, and City Attorney shall have the ability to raise points of order as necessary to clarify the record or a point of contention, or assist the Council in avoiding improper or legally deficient action. 5.2 Council Meeting Decorum and Order The Mayor shall preserve decorum and decide all questions of order, subject to appeal to the full Council. During Council meetings, Councilmembers shall preserve order and decorum, shall not delay or interrupt the proceedings nor refuse to obey the legitimate directives of the Mayor or the requirements of this Guidelines and the rules of protocol. Any person making personal, impertinent, or slanderous remarks and/or who creates an unreasonable disruption while addressing the Council shall be directed to cease by the Mayor. If unreasonably disruptive conduct continues, the person shall be removed from the meeting by the City's Police Department. 5.3 Order of Discussion The Mayor should follow the prepared agenda as much as possible. A Councilmember may propose by motion that the order of agenda items be rearranged for necessity or convenience. 5.4 Discussion Limits Councilmembers are encouraged to discuss items during the decision-making process and before taking action. A Councilmember should not speak more than once on a particular subject until every other Councilmember has had the opportunity to speak. 5.5 Ordinances, Resolutions and Motions Ordinances, resolutions and motions are the general mechanisms used by the Council to take action. Motions are the most common form of Council action and must be made and seconded before discussion. They are approved by a majority vote and should be handled AGENDA ITEM 9.1 Page 79 of 124 Medina City Council Rules & Guidelines (2020) -- 20 {EFM2052423.DOC;4/05708.000002/ } generally as provided in RRO. Ordinances are the most formal of Council actions and used to adopt local laws, regulations, substantive policies, budgets, taxes, etc. Ordinances are prepared by the Staff in advance and are presented to Council for consideration and possible action. They may be introduced in the form of a motion and a second but must in every case be adopted via motion. Resolutions are the next most formal Council action and used to document Council actions and decisions that do not comprise the subject matter of an ordinance and are not required to be in ordinance form. Resolutions are handled using the same procedure as ordinances. 5.6 Council Voting and Conflicts Each Councilmember shall vote on all motions and questions put to the Council unless an actual or potential conflict of interest under state law, appearance of fairness or otherwise requires recusal of the Councilmember. See Guidelines at Chapter 7. In such event, the Councilmember shall so advise the Mayor and Council when the matter giving rise to the actual or potential conflict is called on the agenda, thus enabling the Councilmember and Council to consider the issue and take the appropriate action. Council vote tallies and procedures are as follows: 5.6.1 Affirmative and negative votes will be cast in an audible and clear voice when called by the Mayor, unless the City has installed and is using an electronic voting board, in which case each Councilmember shall cast and record their vote electronically and the Mayor shall announce the vote total. 5.6.2 A Councilmember may abstain from voting on a motion or question, but shall advise the Mayor thereof and state the reason when declaring her/his abstention. Abstentions shall not be counted for or against any question or motion, and a majority of the affirmative or negative votes cast shall be determined by ignoring abstentions, unless RRO or State law requires a different calculation of the majority. 5.6.3 A tie vote results in the question or motion having failed. The Mayor should explain the effect of the tie vote to the audience. 5.6.4 Reconsideration of a Council decision may be obtained by a majority vote of the Council upon a new motion made by a Councilmember voting on the prevailing side of the previous vote on the matter. Such motion shall be brought no later than the next regular Council meeting after which the previous vote was taken. If the vote to reconsider is approved, the previous matter is thereupon reopened for Council discussion and further action. 5.7 Attendance at Council Meetings Required It is important that Councilmembers personally attend all Council meetings. A Councilmember may forfeit their office by failing to attend three consecutive Council meetings without being excused by the Council. To be excused the Councilmember shall advise the Mayor and City Manager prior to the meeting and state the reason for their unavailability. During roll call at the meeting the Mayor shall inform the Council of the absence and reason therefor. The Mayor may call for a nondebatable motion or seek Council consensus on granting or denial of the absence. See RCW 35A.13.020 and 35A.12.060. AGENDA ITEM 9.1 Page 80 of 124 Medina City Council Rules & Guidelines (2020) -- 21 {EFM2052423.DOC;4/05708.000002/ } 5.8 Remote Participation at Council Meetings Councilmembers may periodically be unable to personally attend a Council meeting for reasons such as accidents, illness, emergencies, unforeseen urgent out-of-town business or similar circumstances. In such infrequent event, Councilmembers may participate in and vote during all or part of a regular or special Council meeting using electronic means when all of the following conditions are met: A. At least four Councilmembers are present in person at the meeting to establish a quorum. B. The majority of the entire Council membership consents to remote participation, which consent shall not be unreasonably withheld. C. All persons participating in the meeting, including the public and the remote Councilmember(s), are able to talk and hear each other simultaneously so that they are full participants in the meeting, and such connection is periodically confirmed during the meeting by the Mayor and remote Councilmember. D. Electronic connection devices such as speaker phones, computer video and speakers, video connections, and/or other transmission options and devices are available and fully functioning; and, if confidentially is required for the subject matter of any part of the meeting (such as an executive session), the transmission medium is a verifiable secure link. E. The remote Councilmember(s) shall bear the cost of the electronic equipment, connections and transmission except for equipment and connections currently available at City Hall. AGENDA ITEM 9.1 Page 81 of 124 Medina City Council Rules & Guidelines (2020) -- 22 {EFM2052423.DOC;4/05708.000002/ } Chapter 6 COUNCILMEMBER ACTIONS AND LEGAL DUTIES 6.1 Importance of Open Public Meetings The City and Council shall comply with the Open Public Meetings Act at RCW 42.30 (OPMA). Councilmembers shall be mindful of OPMA laws when communicating with each other by any means outside of a Council meeting. The OPMA mandates that four or more Councilmembers may not discuss any item of City business outside an open public meeting, including by phone calls or electronic means such as email, texting and social media. Councilmembers are discouraged from sending communications concerning City or Council business to fellow members as this tends to provoke electronic discussion that could violate the OPMA. Councilmembers are instead encouraged to place items on the meeting agenda for discussion, and to individually discuss matters with Staff or one-on- one. 6.2 Representatives of City Act in Accordance with City Policies It is a duty of Councilmembers, the Mayor and City Staff who represent the City to advocate positions that are consistent with the Council's adopted or approved policies, projects, and plans. Should a circumstance occur in which a Councilmember or Staff member is in a position of leadership in a professional association, they shall make it clear as to which entity (the City or the professional association) s/he is representing. Councilmembers should not be the point of contact with the media on matters of City business. It is preferable for the City Manager or his/her designee to handle media inquiries on matters of City business. When making official comments on City businesses, Councilmembers shall state the majority position of the Council, if known, on an issue. Personal opinions and comments that differ from the Council majority may be expressed if the Councilmember clarifies that these statements do not represent the Council's position. Before presenting the views of another Councilmember, the Councilmember must obtain consent from that member. In the occasion a Councilmember is expressing their personal interest or that of another organization, the identity of the interest being expressed shall be made clear during the speaking of such comments. 6.3 City Council Communications and Records All elected officials, officers and employees shall comply with the Public Records Act, RCW 42.56 (PRA), and the Open Public Meetings Act, RCW 42.30 (OPMA). To help ensure that City business communications submitted to, from, and by Councilmembers and City Staff complies with these acts, the following is emphasized: 6.3.1 Communications Generally. All "writings" in whatever form, including letters, memoranda, text messages, emails, photographs, videos, social media AGENDA ITEM 9.1 Page 82 of 124 Medina City Council Rules & Guidelines (2020) -- 23 {EFM2052423.DOC;4/05708.000002/ } postings, and recordings, the subject of which relates to the conduct of government or the performance of any governmental function, are public records. Public records must be retained by the City, including the City Council, and disclosed upon request. It is unlawful to destroy or conceal a public record while a request for it is pending. To enable the City to fulfill its core function of retaining and providing public records upon request, each Councilmember shall be responsible for the following: 1. Forward all requests for records or documents they receive from the public to the City Clerk for follow-up. 2. Avoid using personal email accounts, and never use text messaging, to discuss, send, receive, create, or store public records. Councilmembers should perform City business using their City-issued personal devices. See Guidelines at Chapter 4. 3. Promptly transfer all received or created materials meeting the definition of a "writing" or "public record" including emails, texts and social media postings from personal devices or accounts to a City-owned account, device, or server. 4. In the event of a public records request, cooperate with directions from City Staff to access and search personal accounts and electronic devices, provide all responsive public records and writings that may be contained thereon, and execute a Nissen declaration provided by City Staff evidencing such facts. 5. Refrain from deleting any public records and writings from personal accounts and devices, and transfer them promptly to the City upon request. 6. Prior to completion of their term of office or other separation from office, return all City equipment and devices, and transfer all public records and writings from personal accounts and electronic devices, to the City and execute a Nissen declaration provided by City Staff evidencing such facts. 6.3.2 Communications from Non-City Sources. Letters, memoranda, emails, materials and all other communications received by the City which are addressed to a Councilmember or the Council as a body will be provided to all Councilmembers, and a copy retained according to the Records Retention Schedule and PRA. 6.3.3 Transitory Hardcopy Records. Hardcopy records that have no retention value, such as drafts, reminders, telephone messages, informal notes, and duplicate records may be deleted when no longer needed, provided that Councilmembers shall first confer with the City Clerk to ascertain that the particular records have no retention value and may be deleted and, if requested, provide copies of such records before deletion. 6.3.4 Transitory Electronic Communications A. Informal messages with no retention value and that do not relate to City business or the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record and may be deleted once their administrative purpose is served. AGENDA ITEM 9.1 Page 83 of 124 Medina City Council Rules & Guidelines (2020) -- 24 {EFM2052423.DOC;4/05708.000002/ } B. All other messages that relate to City business or the functional responsibility of the recipient or sender as a public official constitute a public record and shall be treated as such. All public records are subject to retention, public inspection and copying. C. Email, text or other electronic communications that are intended to be shared among four or more Councilmembers and which deal with City business, whether directly or indirectly, and whether concurrently or serially, shall presumptively comprise public records and shall be treated as such. If the intended purpose of the email is to have a discussion that should be held at an open meeting, the electronic discussion should not occur. Further, the use of e-mail communication to form a collective decision of the Council is prohibited. D. Email should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential City business because of the ease of transmission and dissemination. Deleted email is not necessarily removed from the user's system. Emails between Councilmembers. and between Councilmembers and Staff, shall not be transmitted to the public or news media unless either an affirmative decision to do so is authorized by the Council or City Manager, or in response to a qualifying public records disclosure request that has been filed with the City Clerk. 6.4 Social Media Policy Members of City Council and City boards and commissions are subject to the City's Social Media Policy which is located in City’s Personnel Manual. All postings made by members of City Council and City boards and commissions, in their official capacity, are subject to disclosure under the Public Records Act. AGENDA ITEM 9.1 Page 84 of 124 Medina City Council Rules & Guidelines (2020) -- 25 {EFM2052423.DOC;4/05708.000002/ } Chapter 7 COUNCILMEMBER CONFLICTS OF INTEREST 7.1 Conflicts of Interest Conflicts of interest in a Councilmember's performance of their duties may arise for and from many reasons and situations. There are many statutes concerning conflicts of interest as well as common law judicial decisions and rules concerning such conflicts. In general, Councilmembers should avoid conflicts of interest whenever possible, and if they arise (or a Councilmember thinks they may arise), the Councilmember should advise the City Manager who can confer with the City Attorney as needed. "Recusal" by a Councilmember from the specific matter giving rise to the conflict is the most frequent remedy, which can then prevent legal issues from tainting Council decisions. The Washington State Code of Ethics for Municipal Officers, RCW 42.23 (Ethics Code), is a primary source of regulations concerning conflicts of interest. The Ethics Code is intended to ensure that the judgment of public officers is not compromised or affected by inappropriate conflicts of interest, and that confidential matters are appropriately safeguarded. The Ethics Code has provisions that prohibit: • Using one's official position to obtain a special privileges or exemptions. • Receiving compensation or gifts for the officer's services. • Accepting employment or engaging in activities that could require or induce an officer to disclose confidential information. • Disclosing confidential information or using such information for the officer's personal benefit. • Being beneficially interested in a contract with the City. The Ethics Code is applied on a case-by-case basis and is dependent on the facts of the situation. The consequences of violating the Ethics Code can be severe and include: (i) a determination that an action taken by the Council is void; (ii) financial penalties to the City or Councilmember; (iii) consequences assessed by the Council, including censure; and (iv) forfeiture of office through recall. The Ethics Code is generally not intended to preclude Councilmembers from voting on legislation with City-wide impact, such as area-wide land use regulations; police power and public health, safety and welfare issues; and budget and taxation ordinances; but the legal boundaries of those topics can be ambiguous. In regard to financial conflicts, a Councilmember might be found only to have a "remote interest" in a contract or other arrangement, such that the Council may still act on a contract so long as the interested Councilmember abstains from the discussion and vote (i.e., recusal). Councilmembers are encouraged to consider whether public perception and trust would be best served by disclosure of individual interests or relationships that are related or relevant to a policy or legislative matter under consideration. To understand the effect of the Ethics Code and its applicability to any particular situation, Councilmembers should contact the City Manager and City Attorney as questions arise. AGENDA ITEM 9.1 Page 85 of 124 Medina City Council Rules & Guidelines (2020) -- 26 {EFM2052423.DOC;4/05708.000002/ } 7.2 Appearance of Fairness The Appearance of Fairness Doctrine, RCW 42.36, was enacted to ensure that public officers hearing and deciding quasi-judicial matters1 meet basic elements of procedural and substantive fairness. This Doctrine provides that government decision-makers shall conduct quasi-judicial hearings in a way that is fair and unbiased in both appearance and in fact. In other words, such hearings must not only be procedurally fair, but also appear to be conducted by impartial decision makers. The Council rarely acts in its quasi-judicial capacity, but Councilmembers should be aware of the issues raised in those situations: A. Prior to a quasi-judicial hearing before the City Council, the City Attorney will read the responsibilities and obligations of Councilmembers and ask them to make any disclosures regarding their ability to be impartial decisions makers in order that they may avoid, at the outset, any violation of the Appearance of Fairness Doctrine. B. Councilmembers may be challenged on their disclosure or lack thereof, but the challenge must be raised as soon as the basis for disqualification is made known or reasonably should have been made known. C. The Mayor shall have sole authority to request that a Councilmember excuse him/herself on the basis of an appearance of fairness violation. However, if two or more Councilmembers believe that an appearance of fairness violation exists, such individuals may move to request that a Councilmember excuse or recuse themselves on the basis of an appearance of fairness violation. In arriving at these decisions, the Mayor or other Councilmembers shall give due regard to the opinion of the City Attorney. D. Notwithstanding the request of the Mayor or other Councilmembers, the potentially offending Councilmember may decide to participate in the affected proceeding, but such participation may render the Council's action null and void and give rise to legal claims. 1 A quasi-judicial matter is one where the Council acts in the manner of court to decide specific rights, duties, and responsibilities between specific parties. AGENDA ITEM 9.1 Page 86 of 124 Medina City Council Rules & Guidelines (2020) -- 27 {EFM2052423.DOC;4/05708.000002/ } Chapter 8 INTERACTION BETWEEN CITY STAFF & COUNCILMEMBERS 8.1 Overview City Council policy is implemented through dedicated and professional Staff. Therefore, it is critical that the relationship between Council and Staff be well understood so policies and programs may be implemented successfully. To support effective relationships, roles and applicable law must be clearly recognized. 8.2 City Manager A. The employment relationship between the City Council and City Manager honors the fact that the City Manager is the chief executive of the City. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. Disagreements should be expressed in policy terms, rather than in terms that question satisfaction with or support of the City Manager. B. The City Council will evaluate the City Manager on an annual basis to ensure that both the City Council and City Manager are in agreement about performance and goals based upon mutual trust and common objectives. The City Manager's performance shall be evaluated, at a minimum, in the following areas: leadership, teamwork, job knowledge, attitude, accountability, communication, problem-solving skills, quality of service, safety/risk-taking, implementation and administration of adopted Council policy. 8.3 Council Rules for Interacting with City Staff A. Councilmember contact with Staff, inclusive of the City Manager, will be during regular business hours, except in the case of an emergency. The City Council is to work through the City Manager when dealing with administrative services of the City. In no manner, either directly or indirectly, shall a Councilmember attempt to influence personnel matters that are under the direction of the City Manager. B. Councilmembers may ask the City Manager for up to one hour of research on a City related issue as long as the cumulative effect does not take Staff away from accomplishing their core duties in a timely manner. In the event that more than one hour of staff time is required, a request for additional time may be brought to the full Council for consideration. C. Councilmembers shall not publicly criticize Staff. If there are concerns with Staff performance, they should be discussed with the City Manager privately. If members of the public complain about Staff conduct or actions directly to a Councilmember, the Councilmember shall refer the matter to the City Manager for review. D. Information generated by Staff at the request of a Councilmember shall be shared with all Councilmembers. AGENDA ITEM 9.1 Page 87 of 124 Medina City Council Rules & Guidelines (2020) -- 28 {EFM2052423.DOC;4/05708.000002/ } E. Councilmembers shall focus on policy and legislative matters and not administrative matters. Councilmembers shall not attempt to coerce or influence Staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications, the granting of City licenses or permits, the interpretation or implementation of Council policy, or in any other matter involving the administration of City business. F. Staff shall bring grant opportunities that would require material matching dollars, or materially impact City policy, to the Council for authorization prior to application for such grant. Councilmembers are encouraged to bring any grant opportunities they discover to the attention of Staff so they may be properly handled. 8.4 City Attorney Pursuant to recommendation of the City Manager, the City Council shall make provision for obtaining legal counsel for the City, either by appointment of a City Attorney on a full-time or part-time basis, or by any reasonable contractual arrangement for such professional services. At present, the City Attorney is a contracted position appointed by the City Manager with the contract confirmed by the Council. The City Attorney represents the City as a corporate entity and in doing so is the legal advisor for and provides legal advice to the City, the Council, the City's committees, commissions and boards, the City Manager, and City officers and employees with respect to legal questions involving an official duty or any legal matter pertaining to the affairs of the City. However, the City Attorney does not represent individual Councilmembers or City employees or Staff in their individual or personal capacities. AGENDA ITEM 9.1 Page 88 of 124 Medina City Council Rules & Guidelines (2020) -- 29 {EFM2052423.DOC;4/05708.000002/ } Chapter 9 CONSEQUENCES OF VIOLATING RULES 9.1 Consequences of Violation The Council expects and trusts that all Councilmembers elected to this important office will act with integrity, honesty, and in accordance with the Oath of Office and these Guidelines. Nevertheless, the Council adopts the following consequences for violations of the Guidelines. This process should only be used for serious violations such as deliberate or knowing breaches of confidentiality; violations of the Code of Ethics; repeated overstepping of authority; abuse of office or disregard for conflicts of interest; dishonesty; or refusal to follow open government protocols and requirements. Less serious violations should be addressed with reminders and requests for compliance. 9.2 Process for Censure Step 1: Notice and opportunity to cure A Councilmember suspected of violating the Guidelines shall be provided notice and an opportunity to remedy the alleged violation prior to the implementation of any further consequence. As a first step, two Councilmembers familiar with the facts shall confer with the City Manager and City Attorney about the matter, and may then discuss the violation directly with the suspect Councilmember. Councilmembers shall not use email to discuss the substance of any suspected violations. Step 2: Council meeting discussion If Step 1 does not remedy the alleged violation, an executive session shall be called pursuant to RCW 42.30.110(1)(f) to consider and evaluate the complaint. All Councilmembers (including the suspect Councilmember), the City Manager, and the City Attorney shall receive advance written notice of the general nature of the complaint and the date, time and place of an executive session called to discuss the complaint. If the suspect Councilmember requests that the discussion be held in a public meeting or that a public hearing be scheduled in lieu of an executive session, the request shall be honored. Step 3: Censure motion If Step 2 fails to resolve the alleged violation, a motion may be made and seconded at a regular Council meeting to censure the Councilmember. The proposed motion shall identify the suspect Councilmember and specific violation alleged. The censure motion may be made no sooner than thirty (30) days after the completion of Step 2, and the suspect Councilmember must receive advance written notice that such motion will be proposed. If the proposed motion is seconded, the suspect Councilmember shall make a statement or decline the opportunity to do so at that time. At the conclusion of Council discussion, the suspect Councilmember shall be officially censured upon an affirmative vote of at least five members of the Council. AGENDA ITEM 9.1 Page 89 of 124 DATE: TO: FROM: RE: MEDINA POLICE DEPARTMENT February 8, 2021 City Manager Michael Sauerwein Chief Stephen R. Burns Police Department Update – January 2021 The following is a summary highlighting some of the Medina Police Department activity in January 2021. Community Forum/Virtual Open House: On Thursday, January 14, 2021, City Manager Michael Sauerwein, Public Works Director Ryan Osada, Police Chief Steve Burns, and Medina Emergency Preparedness C ommittee Chair Kay Koelemay held a virtual “Community Forum on Emergency Preparedness and Community Public Safety Concerns.” The forum was very successful as there were over 35 attendees. There was a presentation covering the following topics: •City wide response to planned and unplanned events •Review of 2020 challenges •Challenges and goals for 2021 •Coronavirus (COVID-19) awareness and assistance by Dr. Doug Dicharry The forum was well received as participants sent emails supporting the event. Medina Schools: All three elementary schools in Medina started in various levels of in-person classes at the end of January. Medina PD has increased presence around the schools for visibility and traffic enforcement. AGENDA ITEM 9.1a Page 90 of 124 MEDINA POLICE DEPARTMENT Steve Burns, Chief of Police MONTHLY SUMMARY JANUARY 2021 FELONY CRIMES Theft 2021-00000019 01/04/2021 A Police Officer responded to the 8600 Blk NE 7th St for a report of a package theft. The resident observed a subject take the package from the front porch. Approximate value of item stolen was $98. No further leads. Fraud 2021-00000091 01/11/2021 A resident contacted the Police Department to report a phishing scam. The resident sent $300 worth of gifts cards to a suspect impersonating as their friend. No suspect information. Fraud 2021-00000127 01/15/2021 A resident contacted the Police Department to repor t fraud of their personal information and fraudulent activity on their credit card. There is no monetary loss. No suspect information. Theft 2021-00000230 01/27/2021 A Police Officer was dispatched to the 3200 Blk Evergreen Point Road for a theft report. The reporting party is a contractor working at the residence and reported that his cargo trailer had been broken into and multiple tools worth approximately $60,000 w ere stolen. Active investigation. MISDEMEANOR CRIMES Malicious Mischief 2021-00000038 01/06/2021 A resident in the 2200 Blk Evergreen Point Road called to report that someone had attempted to break into their locking mailbox. Unknown if any mail had been taken. No suspects at this time. Hit and Run Collision 2021-00000078 01/10/2021 A Police Officer was dispatched to the 8300 Blk NE 12th St for a report of a one car/pole non-injury hit and run collision. When the officer arrived, the vehicle was abandoned, and the vehicle registration returned as a stolen vehicle. There were several license plates and Washington driver’s licenses located in the vehicle. The vehicle was released to the registered owner. Active investigation. Domestic Violence 2021-00000256 01/30/2021 Police Officer’s responded to a reported domestic violence call. AGENDA ITEM 9.1a Page 91 of 124 CRIMES Current Month YTD 2021 YTD 2020 2020 Year End Arson 0000 Assault DV Aggravated Assault0001 Non‐DV Aggravated Assault0000 Sexual Assault/Rape0000 Simple Assault0000 Burglary Residential 0 0 0 12 Attempted0001 Malicious Mischief Felony0000 Misdemeanor 11113 Theft Auto0000 Fraud (ID Theft) 2 2 2 35 Over $750 1108 Under $750 1127 Motor Vehicle Prowl 00211 TOTAL CRIMES 5 5 7 88 ENFORCEMENT Current Month YTD 2021 YTD 2020 2020 Year End Drug Violations 0000 Minor in Possession 0000 Possession of Stolen Prop.0002 Warrant Arrests 0004 TOTAL ENFORCEMENT0006 TRAFFIC Current Month YTD 2021 YTD 2020 2020 Year End Accidents Injury0001 Non‐Injury3319 Citations DUI0000 Other*0015 Infractions Speeding4425 Parking 0 0 0 15 Other**2206 Warnings 28 28 149 434 TOTAL TRAFFIC 37 37 153 475 CALLS FOR SERVICE Current Month YTD 2021 YTD 2020 2020 Year End Animal Complaints 1 1 2 27 Assists 32 32 42 488 False Alarms 14 14 10 167 House Watch121218209 Missing Person0004 Property Lost/Found 0 0 0 25 Suspicious Circumstances 9 9 10 136 Other *** 8 8 10 118 TOTAL SERVICE 76 76 92 1174 *DWLS, Fail to transfer title, No License ** Expired tabs, No insurance, Fail to stop, Defective equipment, Cell phone use ***Civil Dispute, Disturbance, Death investigation, Suicide Attempt, Trespass, Harassment, Mental MEDINA POLICE DEPARTMENT Steve Burns, Chief of Police City of Medina  January 2021 ‐ Monthly Report AGENDA ITEM 9.1a Page 92 of 124 TOWN OF HUNTS POINT Steve Burns, Chief of Police MONTHLY SUMMARY JANUARY 2021 FELONY CRIMES Domestic Violence 2021-00000131 01/16/2021 Police Officers responded to a reported domestic violence call. Subject was placed into custody and booked into the King County Jail. MISDEMEANOR CRIMES Domestic Violence 2021-0000142 01/17/2021 Police Officers responded to a reported domestic violence call. AGENDA ITEM 9.1a Page 93 of 124 CRIMES Current Month YTD 2021 YTD 2020 2020 Year End Arson 0000 Assault DV Aggravated Assault 2200 Non‐DV Aggravated Assault 0000 Sexual Assault/Rape0000 Simple Assault0000 Burglary Residential0001 Attempted0000 Malicious Mischief Felony0000 Misdemeanor 0003 Theft Auto0001 Fraud (ID Theft)0006 Over $750 0002 Under $750 0001 Motor Vehicle Prowl 00011 TOTAL CRIMES 2 2 0 25 ENFORCEMENT Current Month YTD 2021 YTD 2020 2020 Year End Drug Violations 0000 Minor in Possession 0000 Possession of Stolen Prop.0001 Warrant Arrests 0000 TOTAL ENFORCEMENT0001 TRAFFIC Current Month YTD 2021 YTD 2020 2020 Year End Accidents Injury0000 Non‐Injury0001 Citations DUI0000 Other*0000 Infractions Speeding0034 Parking0000 Other**0000 Warnings 4 4 24 81 TOTAL TRAFFIC 4 4 27 86 CALLS FOR SERVICE Current Month YTD 2021 YTD 2020 2020Year End Animal Complaints0002 Assists 2 2 1 51 False Alarms11333 House Watch11110 Missing Person0000 Property Lost/Found0005 Suspicious Circumstances 0 0 0 19 Other *** 3 3 0 16 TOTAL SERVICE 7 7 5 136 *DWLS, Fail to transfer title, No License ** Expired tabs, No insurance, Fail to stop, Defective equipment, Cell phone use ***Civil Dispute, Disturbance, Death investigation, Suicide Attempt, Trespass, Harassment, Mental MEDINA POLICE DEPARTMENT Steve Burns, Chief of Police Town of Hunts Point  January 2021 ‐ Monthly Report AGENDA ITEM 9.1a Page 94 of 124 2021 Burglaries & Vehicle Prowls  Medina & Hunts Point   Prior Month(s)       Burglaries        Current Month    Vehicle Prowls  AGENDA ITEM 9.1a Page 95 of 124   1    1  Situation Report   02/08/2020       COVID‐19  Incident Number: 1   Sit Rep#: 24      Incident Type:      Pandemic  Political Subdivisions:     King County, Snohomish County, Pierce County  Incident Commander:     City Manager Michael Sauerwein   Public Information:      Joint Information at direction of Incident Commander      General Situation   Latest Top line information:    01/28/21  Gov. Inslee grants seven counties to move to Phase 2:  7 Washington Counties Begin Phase 2 Reopening Monday, Inslee Says | Seattle, WA Patch  Information on the new Covid‐19 Variant:  https://publichealthinsider.com/2021/01/23/the‐new‐variant‐covid‐19‐strain‐is‐here‐heres‐what‐ you‐need‐to‐know/  And on the county’s vaccination program progress report:  https://kingcounty.gov/depts/health/covid‐19/~/media/depts/health/communicable‐ diseases/documents/C19/vaccine‐distribution‐progress‐report.ashx   Vaccinations: King County has received 252,350 doses (25.3% of the state’s allocation of vaccine):  1st Shot:  174,121             2nd Shot:    35,619               83% allocated doses  Below is a visual timeline for phased distribution:  https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/VaccinationPhasesInfographic.pdf https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/348‐782‐COVID‐19‐Vaccine.pdf        AGENDA ITEM 9.1a Page 96 of 124   2    2  Data Sets Summary of KC Covid‐19 Dashboard Data (2/1/21):   Daily Summary:   Totals:               1/31    %    Last 14 days:    %      Tested:     832,970  5,787       13,451       Positive:     77,017     367    4.7%     3,899    Hospitalized:                      4,815                      38                    6.3%                      170                    4.4%   Deaths:                   1,264          0    1.6%      31                     0.8%        Seven‐day averages for positive cases dropped 50% between Jan. 1 and 31 (468 to 232).    Seven‐day average for new hospitalizations dropped 44% between Jan. 1 and 27 (27 to 15).    Seven‐day average for deaths was down 71% between Jan. 1 and 27 (7 to 2).      New admissions per 100k over the past two weeks were down 16%.      Total number of cases per 100k over the past 14 days:  202/100k    Outbreak appears to be shrinking (goal is 1.0):  current number:  0.5    Rates for hospitalizations and deaths are down.    Time between on‐set of symptoms to testing is at goal: 2 days    Occupied staffed hospital beds (Goal: under 80%):   84%    Covid‐19 patients in Staff ICU Beds (Goal: under 10%):  7.4%   Updates   Governor’s Office    To view all new, amended or extended proclamations relating to COVID‐19,   visit  Governor’s  Proclamations      State & Federal Updates  Latest  Office of the Governor Updates – WA State Governor, Jay Inslee     • COVID‐19 Risk Assessment Dashboard (to support Governor’s Safe Start – Stay Healthy efforts).  • WA State DOH COVID‐19 Data.  • The CDC provides a weekly surveillance summary of U.S. COVID‐19 Activity and COVID Data Tracker.  • Institute for Health Metrics and Evaluation Projection Graphs.  • North Sound COVID‐19 data.  • King County  Long Term Care Data Dashboard.  • COVID‐19 Nursing Home Data through CMS.  • DSHS Area Command Daily Snapshot.  AGENDA ITEM 9.1a Page 97 of 124   3    3  Resources   See CDC Article on the Benefits of Vaccination:    General Benefits of Getting a Covid‐19 vaccine   Covid‐19 vaccine will help keep you from getting Covid‐19   Covid‐19 vaccine is a super way to build protection   Covid‐19 will be an important tool to help stop the pandemic.  https://www.cdc.gov/coronavirus/2019‐ncov/vaccines/vaccine‐benefits.html    See CDC’s resource site for Covid‐19 information:  https://www.cdc.gov/coronavirus/2019‐ncov/vaccines/index.html     CDC Information to self‐check Covid‐19 and information on testing:  https://www.cdc.gov/coronavirus/2019‐ncov/symptoms‐testing/testing.html        AGENDA ITEM 9.1a Page 98 of 124   4    4  Zone One Covid‐19 Case Count Data Change* over  previous (01/28/21)        https://www.kingcounty.gov/depts/health/covid‐19/data/daily‐summary.aspx     * represents increases in reported numbers   City:  Tested  Positive  Hospitalized  Deaths   Beaux Arts:  161 10 1  0   Bellevue:  43,975 3126 221 53   Bothell:  8,753 695 38 14   Carnation:  488 51 1  0   Clyde Hill:  1099 71 3  1   Cottage Lake  6,286 359 17 6   Duvall:  2,188 165 6 1   Fall City:  601 51 1  0   Hunts Point:  214 21 0  0   Issaquah:  12,437 886 82 49   Kenmore:  7,337 513 51 11   Kirkland:  27,779 1994 165 65   Lake Forrest  Park:  4,604 241 18 4   Medina:  1187 53 2  0   Mercer Island:  10,377 435 20 6   Mirrormont:  854 65 8 1   Newcastle:  3,874 219 11 3   North Bend:  2,918 300 16 12   Redmond:  17,893 1157 103 59   Riverbend:  535 46 1 1   Sammamish:  17,229 944 34 8   Shoreline:  20,728 1886 171 85   Skykomish  63 00 0   Snoqualmie:  4,265 296 7 1      Union/Novelty Hill: 4,302 275 22 7   Wilderness Rim:  385 40 3  1   Woodinville:  3,821 285 18 2   Yarrow Point:  490 31 1 1   Total:  204843 14215 1021 391     0.069395 0.071826 0.027506   Totals County‐wide  (01/25/21):    822,810  75,682 4,763 1,242         AGENDA ITEM 9.1a Page 99 of 124 AGENDA ITEM 9.1b 1 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov Date: February 8, 2021 To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Steven R. Wilcox. Development Services Department Director Subject: Development Services Department Monthly Report Permit Activity The “Monthly Issued Permit Report” is not provided this month due to a complication with the data. Please see the January 2021 Permits Received report. Pre-application meetings have been regular meaning that future permit applications will be coming. We have held 4 Construction Activity Permit open houses recently with more scheduled. Planning Commission By Stephanie Keyser Planning Commission continued their tree code analysis at the January 26th meeting. The commission is looking at: the numerical tree replacement requirement; the location of trees, both removal and replacement; the specific tree species the city requires/encourages; and the long term survival rates of the trees. The discussion will continue on February 23rd. Tree Removal A few months ago, you were given a PowerPoint presentation regarding development projects and associated tree removal. The example provided was of a site on Overlake Drive East. The project at 707 Overlake Drive East is about to begin work. Tree removal is expected to happen shortly. We have asked that the property owner inform neighbors of the work that will be occurring. This site has many large fir trees that will be removed. There are several new development projects under review currently and sites will be affected similar to last year. St. Thomas Rooftop Play Area Phase II of the St. Thomas School project is nearing completion. Phase II is the construction of the building with the rooftop play area. Substantial completion is Page 100 of 124 AGENDA ITEM 9.1b 2 scheduled for February 12th. Development Services staff have taken a proactive approach to assisting with the completion date. Several weeks ago Development Services staff approached the contractor to being working on several items needed in order for the completion date to be met. We provided guidance in a variety areas and now we feel confident that the rooftop play area can be completed for occupation on schedule. Code Enforcement Our staff provided a variety of construction parking, work hours, and sign code enforcement this past month. With limited staff availability at City Hall, COVID is having a significant effect on our ability to proactively provide Construction Activity Permit code enforcement. 2018 Washington State Building Code Adoption – Ordinance No. 994 The implementation of the 2018 State Building Code has been difficult this year. Politics between the Home Builders Association and the Washington Association of Building Officials is the likely cause. Normally the building code is updated every three years following development and public input at the national, state and local levels. Following two COVID related delays by Governor Inslee, the implementation of the building code was set for February 1, 2021. In January the State Building Code Council voted to extend implementation of the new 2018 codes to July 1, 2021. Governor Inslee then rejected the SBCC recommendation and required the implementation to occur on February 1, 2021 causing the SBCC to have to quickly reverse itself and causing trouble for all Washington jurisdictions. For adoption on your consent agenda is the 2018 Washington State Building Code. The 2018 State Code replaces the 2015 edition. Medina is required to adopt the new 2018 edition as are all jurisdictions in our state. The “Building Code” is actually several volumes of various technical and administrative books covering subjects including building construction, mechanical, plumbing, energy, ventilation and many other topics. The building code further references thousands of other documents which are then all adopted together. Medina does have the option to make some administrative amendments, but we are not proposing any changes within this adoption cycle. Page 101 of 124 Permit Type Submitted Date Permit #Total Valuation Site Address ** PRE-APPLICATION **01/26/2021 PA-2021-001 $0.00 2450 78TH AVE NE ADDRESS ASSIGNMENT 01/11/2021 ADDRESS-21-001 ADVANCE DEPOSIT 01/25/2021 DEP00133 2550 MEDINA CIR B-ADD/ALT 01/06/2021 B-20-082 $2,000,000.00 8014 NE 8TH ST B-ADD/ALT 01/07/2021 B-20-083 $50,000.00 630 81ST AVE NE B-ADD/ALT 01/25/2021 B-21-008 $650.00 820 80TH AVE NE B-DEM 01/04/2021 D-21-001 2226 79TH AVE NE B-DEM 01/05/2021 D-20-019 2621 78TH AVE NE B-DEM 01/05/2021 D-20-020 2627 78th Ave NE B-DEM 01/08/2021 D-21-002 8425 RIDGE RD B-DEM 01/11/2021 D-21-003 2604 79TH AVE NE B-DEM 01/18/2021 D-21-004 1645 73RD AVE NE B-DEM 01/27/2021 D-21-005 550 OVERLAKE DR E B-FENCE 01/25/2021 B-21-011 $4,000.00 607 86TH AVE NE B-GAS 01/05/2021 G-21-003 7757 Overlake Dr. W B-GAS 01/05/2021 G-21-001 850 80TH AVE NE B-GAS 01/05/2021 G-21-002 2451 78TH AVE NE B-GAS 01/07/2021 G-21-004 8015 NE 28th St B-GAS 01/20/2021 G-21-005 7747 Overlake Drive W B-GAS 01/28/2021 G-21-006 7823 NE 14th St January 2021 Applications Received AGENDA ITEM 9.1b Page 102 of 124 B-GAS 01/28/2021 G-21-007 2254 EVERGREEN POINT RD B-GATE 01/21/2021 B-21-006 $2,500.00 7648 NE 12t St B-GATE 01/25/2021 B-21-009 $20,000.00 8909 GROAT POINT DR B-MECHANICAL 01/05/2021 M-21-001 $50,000.00 7838 NE 8th St B-MECHANICAL 01/05/2021 M-21-002 $36,000.00 850 80TH AVE NE B-MECHANICAL 01/05/2021 M-21-003 2451 78TH AVE NE B-MECHANICAL 01/07/2021 M-21-004 $20,000.00 8015 NE 28th St B-MECHANICAL 01/08/2021 M-21-005 $200,000.00 1645 73RD AVE NE B-MECHANICAL 01/22/2021 M-21-006 $400,000.00 8297 OVERLAKE DR W B-MECHANICAL 01/26/2021 M-21-007 $3,500.00 2770 EVERGREEN POINT RD B-MECHANICAL 01/28/2021 M-21-008 $60,000.00 7823 NE 14th St B-PIER 01/08/2021 B-21-002 $20,000.00 1645 73RD AVE NE B-PIER 01/11/2021 B-21-003 $170,000.00 8909 GROAT POINT DR B-PLUMBING 01/05/2021 P-21-001 850 80TH AVE NE B-PLUMBING 01/07/2021 P-21-002 2451 78th ave ne B-PLUMBING 01/07/2021 P-21-003 8015 NE 28th St B-PLUMBING 01/27/2021 P-21-006 2254 EVERGREEN POINT RD B-POOL/SPA 01/21/2021 B-21-005 $570,000.00 7777 OVERLAKE DR W B-SFR 01/04/2021 B-21-001 $2,613,161.00 2226 79TH AVE NE B-SFR 01/05/2021 B-20-076 $1,500,000.00 2627 78th Ave NE B-SFR 01/05/2021 B-20-077 $1,500,000.00 2621 78TH AVE NE B-SFR 01/24/2021 B-21-007 $1,000,000.00 7611 NE 12TH ST AGENDA ITEM 9.1b Page 103 of 124 B-SFR 01/27/2021 B-21-012 $3,500,000.00 550 OVERLAKE DR E CAP - CONSTRUCTION ACTIVITY PERMIT 01/04/2021 CAP-21-002 2226 79TH AVE NE CAP - CONSTRUCTION ACTIVITY PERMIT 01/04/2021 CAP-21-001 27535 SE 28TH PL CAP - CONSTRUCTION ACTIVITY PERMIT 01/05/2021 CAP-20-031 CAP - CONSTRUCTION ACTIVITY PERMIT 01/05/2021 CAP-20-030 2621 78TH AVE NE CAP - CONSTRUCTION ACTIVITY PERMIT 01/06/2021 CAP-20-029 8014 NE 8TH ST CAP - CONSTRUCTION ACTIVITY PERMIT 01/07/2021 CAP-20-023 630 81ST AVE NE CAP - CONSTRUCTION ACTIVITY PERMIT 01/12/2021 CAP-21-004 2604 79TH AVE NE CAP - CONSTRUCTION ACTIVITY PERMIT 01/12/2021 CAP-21-003 8224 OVERLAKE DR W CAP - CONSTRUCTION ACTIVITY PERMIT 01/13/2021 CAP-21-005 508 UPLAND RD CAP - CONSTRUCTION ACTIVITY PERMIT 01/26/2021 CAP-21-006 7777 OVERLAKE DR W CAP - CONSTRUCTION ACTIVITY PERMIT 01/26/2021 CAP-21-007 550 OVERLAKE DR E CAP - CONSTRUCTION ACTIVITY PERMIT 01/29/2021 CAP-21-008 7611 NE 12TH ST ENG-GRADING/DRAINAGE 01/04/2021 ENG-GD-21-001 $11,341.00 2226 79TH AVE NE ENG-GRADING/DRAINAGE 01/05/2021 ENG-GD-20-024 $8,119.00 2621 78TH AVE NE ENG-GRADING/DRAINAGE 01/05/2021 ENG-GD-20-025 $8,119.00 2627 78th Ave NE ENG-GRADING/DRAINAGE 01/08/2021 ENG-GD-21-002 $150,000.00 508 UPLAND RD ENG-GRADING/DRAINAGE 01/14/2021 ENG-GD-21-003 $12,000.00 2604 79TH AVE NE ENG-GRADING/DRAINAGE 01/27/2021 ENG-GD-21-004 $1.00 550 OVERLAKE DR E ENG-GRADING/DRAINAGE 01/28/2021 ENG-GD-21-005 $4,375.00 7777 OVERLAKE DR W ENG-GRADING/DRAINAGE 01/28/2021 ENG-GD-21-006 7611 NE 12TH ST P-ADMIN SPECIAL USE 01/26/2021 P-21-004 7777 OVERLAKE DR W AGENDA ITEM 9.1b Page 104 of 124 P-CRITICAL AREAS REVIEW 01/27/2021 P-21-005 550 OVERLAKE DR E PW-RIGHT OF WAY 01/14/2021 PW-ROW-21-001 2655 78TH AVE NE PW-RIGHT OF WAY 01/15/2021 PW-ROW-21-002 508 84TH AVE NE PW-RIGHT OF WAY 01/21/2021 PW-ROW-21-003 1641 Evergreen Point Road PW-RIGHT OF WAY 01/26/2021 PW-ROW-21-004 8909 GROAT POINT DR PW-RIGHT OF WAY 01/27/2021 PW-ROW-21-005 3300 78TH PL NE PW-RIGHT OF WAY 01/28/2021 PW-ROW-21-006 1818 77TH AVE NE TREE-ADMIN ROW TREE REMOVAL 01/14/2021 TREE-21-007 2604 79TH AVE NE TREE-PERFORMANCE 01/08/2021 TREE-21-003 508 UPLAND RD TREE-PERFORMANCE 01/12/2021 TREE-21-006 1818 77TH AVE NE TREE-PERFORMANCE 01/20/2021 TREE-21-009 8000 NE 16th St TREE-PERFORMANCE 01/20/2021 TREE-21-010 8210 OVERLAKE DR W TREE-PERFORMANCE 01/21/2021 TREE-21-012 7834 NE 10TH ST TREE-PERFORMANCE 01/29/2021 TREE-21-017 8210 OVERLAKE DR W TREE-PERFORMANCE 01/30/2021 TREE-21-018 508 UPLAND RD TREE-PERFORMANCE 01/30/2021 TREE-21-019 508 UPLAND RD TREE-RESTORATION 01/07/2021 TREE-21-002 3312 78TH PL NE TREE-WITH BUILDING/DEVELOPMENT 01/04/2021 TREE-21-001 2226 79TH AVE NE TREE-WITH BUILDING/DEVELOPMENT 01/05/2021 TREE-20-081 2621 78TH AVE NE TREE-WITH BUILDING/DEVELOPMENT 01/05/2021 TREE-20-085 2627 78th Ave NE TREE-WITH BUILDING/DEVELOPMENT 01/14/2021 TREE-21-008 2604 79TH AVE NE TREE-WITH BUILDING/DEVELOPMENT 01/26/2021 TREE-21-013 7777 OVERLAKE DR W AGENDA ITEM 9.1b Page 105 of 124 TREE-WITH BUILDING/DEVELOPMENT 01/27/2021 TREE-21-014 550 OVERLAKE DR E TREE-WITH BUILDING/DEVELOPMENT 01/28/2021 TREE-21-016 7611 NE 12TH ST Total # of Permits 88 Total Valuation $13,913,766.00 AGENDA ITEM 9.1b Page 106 of 124 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov Date: February 8, 2021 To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Julie Ketter, Finance & HR Director Subject: 2020 Financial Reporting, final (unaudited) The Final 2020 Reporting includes: •December 2020 Revenue & Expense Summary •December 2020 Cash Position Report •Comparative Summary by Fund •December 2020 “13th” Month AP Check Register Activity Detail (5.1) BIG PICTURE NOTES: •Despite the many challenges facing the City during 2020 due to the pandemic, its finances were not negatively impacted, unlike the majority of government entities. •None of the City’s funds exceeded their budgeted expenses. The City adopts its budget at the fund level, meaning that Council or Management Staff can decide to reallocate amounts between departments within a fund without formally amending the budget. A 2020 example of this was the decision in May to use $40K of Development Service’s budget savings from having a vacant position early in the year to increase the Police’s overtime budget to allow for additional patrolling of the North Point area during the summer. Both departments reside in the General Fund so no amendment was needed. •A few of the City’s revenue sources came in light for the year, either due to the pandemic or other factors. These sources are not a large enough portion of overall revenues to be impactful. Additionally, other revenue sources grandly exceeded expectations, making up the difference. •The City has a policy, supported by the State Auditor as best practice, of having a year-end carryover balance in its General Fund equivalent to 25% of its following year’s budgeted expenses. When the projections & materials were developed in 2018’s long-term financial planning project, it was calculated, with the levy measure passing, the City would be in policy compliance mid-way through 2021. Happily, due to 2019’s sales tax windfall revenue, 2020’s healthy year & a lower than originally anticipated 2021 expense budget, that mark has already been exceed by the end of 2020. The year-end carryover balance going into 2021 is at 28.2%, a $251,844 excess. The Finance Committee will be discussing the potential reallocation of this amount as part of their quarterly “deep dive” of financial statements during their next meeting, tentatively scheduled for 2/24/2021 @ noon. BUDGET VARIANCES & CAUSES AT A GLANCE: •For ease of review, see table on following page. It will be part of the materials used during the Finance Committee’s review, along with line-item detailed financial reports. As reflected on the Cash Position report, we are ending the year with $2.2M (60%) more of a cash balance than we started the year. While this is good news, caution comes with the details: •$583K of our $5.9M of cash is refundable or held in trust, either for development or intergovernmental fees. •$77K is restricted JAG funds which can only be used for building a regional jail. •57% of total cash represents the restricted funds of Capital Projects & Trees. AGENDA ITEM 9.1c Page 107 of 124 Budget Variances At A Glance (+/- 5% & >10K) Amount Fund Account Under(-)/Over(+)Notes General Sales tax 109,695$ Yes More destination-based sales tax purchases due to quarantining & home "freshening" General Utility tax/Franch fees (107,046)$ Yes & No Mild winter & summer, many homes vacant as families quarantined in 2nd home General Development fees (78,420)$ Yes Dept was as busy as prior year but was in small permit activities/see related exps General Passport fees (13,007)$ Yes City Hall closed starting April General Misc. code fines 58,788$ No More focus on code enforcement, hired DBO General Interest earnings (16,727)$ Yes & No Rates dropped more than anticipated General Insurance recoveries 12,416$ No WCIA predefense employment matter reimbursement & L&I retro claim Street DOE NPDES grant (14,632)$ No Receipts pending into 2021 Capital Projects REET 777,830$ No More than double anticipated! Record year! Third+ sold as teardowns & rebuild larger Capital Projects TIB Grants (74,000)$ No Portion of grant deferred to 2021 to avoid Bellevue Utilities from digging up fresh pavement Capital Projects Interest earnings (25,098)$ Yes & No Rates dropped more than anticipated Amount Fund Department Account Under(+)/Over(-)Notes General Legislative Medina Days 16,000$ Yes Summer festivities cancelled General Municipal Court Infraction fees 19,425$ Yes Fewer tickets written on minor infractions to reduce officer exposure, assc revenues also impacted General Finance Personnel costs (18,834)$ Yes Add'l hours needed of part-time employee to adapt processes to remote work General Legal City Attny (56,288)$ No Even with +$200K budget amendment still over. Fairweather culvert matters = $238,490 of $456K total General Legal Special Council 42,044$ Yes Budget anticipated CBA negotiation but postponed due to COVID. Helped offset some of City Attny overage General Central Services Supplies 146,183$ Yes Budget amendment appropriated CARES revenue to General Fund; "plugged" full total to CS General Central Services Building Maintenance (29,480)$ Yes Extra beach bathroom cleaning during summer & HVAC upgrade d/t COVID requirements General Central Services Jobbing & Contract Work (116,420)$ No Fairweather culvert repair expense, seeking reimbursement General Central Services Information Technology (17,943)$ Yes Telework needs General Police Personnel costs 83,419$ Yes & No (4%)-Excess OT w/ bdgt transfer from DS, reduced benefits w/ increased opt-out, LEOFF1 retirees oblg reduced General Police Supplies & services 46,313$ Yes COVID impacted nearly every line item; it was an odd year General Development Personnel costs 66,517$ No (12%)-Staff turnover = DBO vs bdgted BO & entry level DS-coord. General Development Contracted Services 141,093$ Yes & No Expenses not yet incurred for permitted projects in the pipeline General Recreation Lifeguards 12,709$ Yes Reduced staff & season General/Street Parks/Street Personnel costs 59,448$ Yes & No Retirement created vacancy, hiring slowed with COVID, hired entry level (PW budgets allocated 60/40) Street Street Overall supplies & services (10,832)$ Yes More than offset with $20K portion of personnel cost savings above Tree Tree Tree replacement 35,668$ Yes Opted to defer project to post-COVID Capital Projects Capital Projects Streets & Sidewalks 136,942$ No Deferred to 2021 to avoid Bellevue Utilities from digging up fresh pavement Capital Projects Capital Projects Storm Sewer Improvements 330,581$ No Deferred to 2021/2022, still in planning phase Capital Projects Capital Projects Park Improvements (31,823)$ No Additional amts staff approved due to capacity of saved appropriation from other projects REVENUES EXPENSES COVID related? COVID related? AGENDA ITEM 9.1c Pa g e 1 0 8 o f 1 2 4 City of Medina Revenue & Expense Summary December 2020 REVENUE: DEC ACTUAL DEC YTD ACTUAL 2020 ANNUAL BUDGET % of Budget Total REMAINING BUDGET General Fund Property Tax $25,603 $3,779,430 $3,846,583 98.25%$67,153 Sales Tax $171,013 $1,587,383 $1,477,688 107.42%($109,695) Criminal Justice $8,250 $93,472 $84,920 110.07%($8,552) B & O Tax: Utility & Franchise Fee $1,111 $901,803 $1,008,849 89.39%$107,046 Leasehold Excise Tax $0 $885 $741 119.38%($144) Building Permits, Planning & Development $54,205 $894,855 $973,275 91.94%$78,420 General Government (includes Hunts Point)$157,865 $496,649 $492,071 100.93%($4,578) Passports, General Licenses & Permits $56 $5,261 $18,387 28.61%$13,126 Fines, Penalties, Traffic Infr.$8,000 $74,019 $25,000 296.08%($49,019) Misc. Invest. Facility Leases $10,504 $124,771 $137,545 90.71%$12,774 Other Revenue, Dispositions $15,497 $25,192 $3,000 839.74%($22,192) General Fund Total $452,105 $7,983,720 $8,068,059 98.95% $84,339 Street Fund $9,746 $72,143 $95,957 75.18%$23,815 Street Fund Transfers In $30,833 $370,000 $370,000 100.00%$0 Tree Fund $0 $0 $5,000 0.00%$5,000 Capital Fund $165,685 $1,842,717 $1,164,020 158.31%($678,697) Total (All Funds)$627,536 $9,898,579 $9,333,036 106.06% ($565,543) Total (All Funds) Transfers In $30,833 $370,000 $370,000 100.00%$0 EXPENDITURES:DEC ACTUAL DEC YTD ACTUAL 2020 ANNUAL BUDGET % of Budget Total REMAINING BUDGET General Fund Legislative $175 $12,031 $24,800 48.51%$12,769 Municipal Court $4,172 $46,575 $70,000 66.54%$23,425 Executive $24,906 $267,853 $271,196 98.77%$3,343 Finance $27,862 $484,659 $476,494 101.71%($8,165) Legal $61,451 $469,994 $457,200 102.80%($12,794) Central Services $90,221 $942,940 $939,132 100.41%($3,808) Police Operations $309,688 $2,250,929 $2,387,644 94.27%$136,715 Fire & Medical Aid $0 $817,367 $817,367 100.00%$0 Public Housing, Environmental & Mental Health $244 $29,272 $31,215 93.78%$1,943 Development & Planning $92,228 $769,051 $976,089 78.79%$207,038 Recreational Services $0 $31,335 $44,044 71.14%$12,709 Parks $58,312 $479,717 $519,834 92.28%$40,117 General Fund Total $669,258 $6,601,724 $7,015,015 94.11% $413,291 General Fund Transfers Out $30,833 $370,000 $370,000 100.00%$0 Street Fund $54,176 $451,045 $460,091 98.03%$9,046 Tree Fund $1,722 $4,332 $40,000 10.83%$35,668 Capital Fund $82,784 $668,505 $1,097,074 60.94%$428,569 Capital Fund Transfers Out $0 $0 $0 0.00%$0 Total (All Funds)$807,940 $7,725,607 $8,612,179 89.71%$886,572 Total (All Funds) Transfers Out $30,833 $370,000 $370,000 100.00%$0 AGENDA ITEM 9.1c Pa g e 1 0 9 o f 1 2 4 2020 YTD Cashflow Report December 2020 2020 Beginning Cash Balance 1/1/2020 2020 Cash Balance, to date TOTAL CASH & INVESTMENTS TOTAL CASH & INVESTMENTS Beginning Year: 1/1/2020 Period Ending: 12/31/2020 WA ST INV POOL 2,527,998$ WA ST INV POOL 2,842,687$ OTHER INVESTMENTS 1,025,000 OTHER INVESTMENTS*1,500,000 CHECKING 152,658 CHECKING 1,583,000 3,705,656$ 5,925,686$ *Bond maturity dates:$500K bond (Mar 2020) 3/25/2025 $1M bond (Aug 2020) 8/5/2024 AGENDA ITEM 9.1c Pa g e 1 1 0 o f 1 2 4 COMPARATIVE SUMMARY BY FUND Year Ending 12/31/2020 (unaudited) 2018 2019 2020 2020 2021 DESCRIPTION Actuals Actuals Amended Budget Year-end Unaudited Adopted Budget General Fund Year End Carryover Balances GENERAL FUND 2020 to 2021 BEGINNING FUND BALANCE 1,065,344$ 837,822$ 1,181,753$ 1,181,753$ 2,194,185$ Fund Balance REVENUES 6,162,076 6,816,529 8,068,059 7,983,720 7,909,764 Projected, Excess/(Shortfall) OPERATING TRANSFERS-IN - - - - $251,844 EXPENDITURES 6,349,598 6,432,598 7,015,015 6,601,288 6,892,234 OPERATING TRANSFERS-OUT 40,000 40,000 370,000 370,000 877,132 25% Policy Minimum Year end carryover balance 837,822$ 1,181,753$ 1,864,797$ 2,194,185$ 2,334,583$ $1,942,342 STREET FUND 28.2% BEGINNING FUND BALANCE 36,239$ 17,469$ 16,032$ 16,032$ 24,852$ REVENUES 111,909 88,024 95,957 65,875 139,092 OPERATING TRANSFERS-IN 323,426 387,000 370,000 370,000 377,132 EXPENDITURES 454,105 476,461 460,091 438,128 515,112 OPERATING TRANSFERS-OUT Year end carryover balance 17,469$ 16,032$ 21,898$ 13,779$ 25,964$ TREE FUND BEGINNING FUND BALANCE 256,895$ 139,689$ 113,572$ 113,572$ 110,072$ REVENUES 13,245 3,950 5,000 - 3,075 OPERATING TRANSFERS-IN - - - - EXPENDITURES 130,451 30,067 40,000 3,500 38,000 OPERATING TRANSFERS-OUT - - - - OTHER NON-EXPENDITURES Year end carryover balance 139,689$ 113,572$ 78,572$ 110,072$ 75,147$ LEVY STABILIZTION FUND BEGINNING FUND BALANCE -$ REVENUES - OPERATING TRANSFERS-IN 500,000 EXPENDITURES - OPERATING TRANSFERS-OUT - Year end carryover balance -$ -$ -$ -$ 500,000$ CAPITAL PROJECTS FUND BEGINNING FUND BALANCE 2,121,819$ 1,930,333$ 2,049,773$ 2,049,773$ 3,281,737$ REVENUES 1,344,601 1,420,455 1,164,020 1,841,084 1,113,016 OPERATING TRANSFERS-IN - - - - EXPENDITURES 1,348,087 954,015 1,097,074 609,120 840,000 OPERATING TRANSFERS-OUT 188,000 347,000 - - - Year end carryover balance 1,930,333$ 2,049,773$ 2,116,719$ 3,281,737$ 3,554,753$ CONTINGENCY FUND BEGINNING FUND BALANCE 95,426$ -$ -$ -$ -$ REVENUES -$ -$ -$ -$ OPERATING TRANSFERS-IN -$ -$ -$ OPERATING TRANSFERS-OUT 95,426$ Year end carryover balance -$ -$ -$ -$ -$ TOTAL ALL FUNDS BUDGET BEGINNING FUND BALANCE 3,575,723$ 2,925,313$ 3,361,130$ 3,361,130$ 5,599,773$ REVENUES 7,631,831 8,328,958 9,333,036 9,890,679 9,164,947 OPERATING TRANSFERS-IN 323,426 387,000 370,000 370,000 877,132 EXPENDITURES 8,282,241 7,893,141 8,612,180 7,652,036 8,285,346 OPERATING TRANSFERS-OUT 323,426 387,000 370,000 370,000 877,132 Year end carryover balance 2,925,313$ 3,361,130$ 4,081,986$ 5,599,773$ 6,479,374$ Note: GF balances do not include Development Services' customer deposits or SAO 2019 directive "fiduciary" amounts Note: CPF balances do not include contractor retainage activity amounts AGENDA ITEM 9.1c Page 111 of 124 AGENDA ITEM 9.1c CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov Date: February 8, 2021 To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Julie Ketter, Finance & HR Director Subject: January 2021 Financial Reporting The January 2021 Reporting includes: •January 2021 AP Check Register Activity Detail (5.1) •January 2021 Revenue & Expense Summary •January 2021 Cash Position Report Key Items for January YTD include: GENERAL FUND Revenue: •Property Tax is at $11K as of January 2021. Property Tax normally is deposited during the April/May and October/November fiscal periods. •Sales Tax Revenues are robust at $192K the first month of 2021.. This continues the 2020 pace, elevated due to COVID impacts causing increased destination-based receipts. In creating the 2021 budget, staff and Council decided to budget this revenue conservatively rather than planning for sporadic windfalls caused by large expensive destination-based purchases. One month does not a trend make; the COVID related impacts are expected to lessen as the year progresses and restrictions are lifted. •Utility Taxes & Franchise Fees are remitted mostly by the quarter. The amount reflected in January, $11K represents only partial receipts of 4th quarter 2020 amounts, with the remaining 4th quarter amounts expected in early February. •Development fees continue to come in at a stunning pace; associated expenses will take 1-2 years to catch up with receipts. Expense: •Finance pays the full 2021 annual WCIA Insurance Liability premiums in January, $186K. This single expense accounts for 35% of its overall budget. With ordinary monthly spending expected for the rest of the year the cost center should finish within budget. CAPITAL FUND •There is $204K of REET (real estate excise tax) revenue recorded this month, representing December’s real estate activity. 2020’s sales brought in record REET receipts, all the more amazing during a pandemic. At least a third of all homes sold during 2020 are being purchased to tear down and replace with a much larger structure---keeping the pace of development, and associated sales tax pouring through Medina for another few years at least. Page 112 of 124 City of Medina Revenue & Expense Summary January 2021 REVENUE: JAN ACTUAL JAN YTD ACTUAL 2021 ANNUAL BUDGET % of Budget Total REMAINING BUDGET General Fund Property Tax $10,503 $10,503 $3,986,413 0.26%$3,975,910 Sales Tax $191,550 $191,550 $1,522,354 12.58%$1,330,804 Criminal Justice $7,740 $7,740 $90,080 8.59%$82,340 B & O Tax: Utility & Franchise Fee $10,769 $10,769 $890,524 1.21%$879,755 Leasehold Excise Tax $0 $0 $800 0.00%$800 Building Permits, Planning & Development $134,178 $134,178 $890,611 15.07%$756,433 General Government (includes Hunts Point)$6,604 $6,604 $358,233 1.84%$351,629 Passports, General Licenses & Permits $104 $104 $8,490 1.22%$8,386 Fines, Penalties, Traffic Infr.$1,398 $1,398 $31,250 4.47%$29,852 Misc. Invest. Facility Leases $10,664 $10,664 $128,007 8.33%$117,343 Other Revenue, Dispositions $0 $0 $3,000 0.00%$3,000 General Fund Total $373,510 $373,510 $7,909,762 4.72% $7,536,252 Street Fund $4,038 $4,038 $139,092 2.90%$135,054 Street Fund Transfers In $31,428 $31,428 $377,132 8.33%$345,704 Tree Fund $0 $0 $3,075 0.00%$3,075 Levy Stabilization Fund (Transfers In)$41,667 $41,667 $500,000 8.33%$458,333 Capital Fund $203,817 $203,817 $1,113,016 18.31%$909,199 Total (All Funds)$581,365 $581,365 $9,164,945 6.34% $8,583,580 Total (All Funds) Transfers In $73,094 $73,094 $877,132 8.33%$804,038 EXPENDITURES:JAN ACTUAL JAN YTD ACTUAL 2021 ANNUAL BUDGET % of Budget Total REMAINING BUDGET General Fund Legislative $1,891 $1,891 $39,600 4.78%$37,709 Municipal Court $0 $0 $57,000 0.00%$57,000 Executive $20,140 $20,140 $274,819 7.33%$254,679 Finance $218,110 $218,110 $524,983 41.55%$306,873 Legal $0 $0 $367,200 0.00%$367,200 Central Services $69,855 $69,855 $941,639 7.42%$871,784 Police Operations $197,354 $197,354 $2,380,557 8.29%$2,183,203 Fire & Medical Aid $0 $0 $807,954 0.00%$807,954 Public Housing, Environmental & Mental Health Fees $9,953 $9,953 $31,238 31.86%$21,285 Development & Planning $50,210 $50,210 $910,642 5.51%$860,432 Recreational Services $238 $238 $44,820 0.53%$44,582 Parks $36,093 $36,093 $511,781 7.05%$475,688 General Fund Total $603,844 $603,844 $6,892,233 8.76% $6,288,389 General Fund Transfers Out $73,094 $73,094 $877,132 8.33%$804,038 Street Fund $31,367 $31,367 $515,112 6.09%$483,745 Tree Fund $0 $0 $38,000 0.00%$38,000 Capital Fund $0 $0 $840,000 0.00%$840,000 Capital Fund Transfers Out $0 $0 $0 0.00%$0 Total (All Funds)$635,211 $635,211 $8,285,344 7.67%$7,650,133 Total (All Funds) Transfers Out $73,094 $73,094 $877,132 8.33%$804,038 AGENDA ITEM 9.1c Pa g e 1 1 3 o f 1 2 4 2021 YTD Cashflow Report January 2021 2020 Beginning Cash Balance 1/1/2021 2021 Cash Balance, to date TOTAL CASH & INVESTMENTS TOTAL CASH & INVESTMENTS Beginning Year: 1/1/2021 Period Ending: 1/31/2021 WA ST INV POOL 2,842,687$ WA ST INV POOL 3,053,112$ OTHER INVESTMENTS 1,500,000 OTHER INVESTMENTS*1,500,000 CHECKING 1,583,000 CHECKING 1,378,870 5,925,686$ 5,931,982$ *Bond maturity dates:$500K bond (Mar 2020) 3/25/2025 $1M bond (Aug 2020) 8/5/2024 AGENDA ITEM 9.1cAGENDA ITEM 9.1c Pa g e 1 1 4 o f 1 2 4 AGENDA ITEM 9.1d CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov Date: February 8, 2021 To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Aimee Kellerman, City Clerk Subject: Central Services Department Monthly Report FEBRUARY AND MARCH PUBLIC MEETINGS AND EVENTS Event Date Time Location Emergency Preparedness Committee Meeting Feb 9 4:00 pm Teleconference/Online Presidents Day – City Hall Closed Feb 15 Park Board Meeting Feb 16 4:00 pm Teleconference/Online City Council Meeting Feb 22 4:00 pm Teleconference/Online Planning Commission Meeting Feb 23 2:00 pm Teleconference/Online Finance Committee Meeting Feb 24 12:00 pm Teleconference/Online City Council Meeting Mar 8 4:00 pm Teleconference/Online Park Board Meeting Mar 15 4:00 pm Teleconference/Online City Council Meeting Mar 22 4:00 pm Teleconference/Online Planning Commission Meeting Mar 23 2:00 pm Teleconference/Online Meetings are publicly noticed on the City’s three official notice boards, City website, and via Govdelivery. Occasionally notices require publication in the City’s official newspaper, The Seattle Times. Public meetings scheduled after publication of this report can be found on the City’s website. COMMUNICATION TO OUR COMMUNITY E-Notice Program: During the month of January, the City issued 20 bulletins amounting to a total of 64,548 bulletins delivered to subscribers; approximately 11.9% were opened. See Attachment 1. As of January 31, the City had 10,488 subscribers (change in total subscribers -180), with a combined total of 124,758 subscriptions (change in total subscriptions -14,236). RECORDS REQUESTS As of January 31, 10 public records requests have been received by Central Services. See Attachment 2. Page 115 of 124 Bulletins Developed Total Recipients Total Delivered Unique Email Opens Unique Email Open Rate Wireless Recipients January, 2021 20 68,455 64,548 6,858 11.90%8,944 December, 2020 27 115,648 109,761 9,151 9.30%14,662 November, 2020 24 84,718 80,375 7,115 9.80%9,772 October, 2020 37 124,366 118,068 9,230 8.60%14,379 September, 2020 36 119,438 113,278 10,761 10.50%13,606 August, 2020 12 35,945 33,899 3,567 11.50%3,723 July, 2020 21 65,561 62,485 7,776 13.50%6,320 June, 2020 26 92,951 89,208 10,289 12.70%9,675 May, 2020 26 29,166 76,719 7,856 11.60%6,705 April, 2020 16 51,171 49,523 5,072 11.30%4,886 March, 2020 32 116,763 112,660 16,680 16.70%13,325 February, 2020 15 27,062 25,821 2,967 13,50%3,936 January, 2020 17 30,463 28,947 3,761 15,70%5,228 Date Sent Top 10 Most Read Bulletins During January Emails Opened Email Open Rate 01/05/2021 01:00 PM PST 1,599 16% 01/06/2021 03:05 PM PST 292 16% 01/11/2021 12:23 PM PST 1,360 14% 01/11/2021 03:46 PM PST 139 5% 01/12/2021 10:33 AM PST 632 9% 01/13/2021 03:16 PM PST 1,554 15% 01/14/2021 11:18 AM PST 1,129 13% 01/14/2021 01:45 PM PST 284 10% 01/26/2021 12:43 PM PST 1,471 23% 01/28/2021 02:41 PM PST 575 16% Comparisons: Community Awareness - Save the Date Thursday, January 14th Community Awareness - Save the date -Community Forum Thursday, January 14th January 25, 2021- Medina City Council Regular Meeting Cancelled Community Awareness - Wind Storm January 7, 2021 - Civil Service Commission Meeting Agenda Packet (online) Community Awareness - WSDOT SR-520 Closures EMERGENCY PREPAREDNESS COMMITTEE - VIRTUAL MEETING TUESDAY FEBRUARY 9, 2021 Job Announcement - Medina Police Department Police Captain Anticipated Opening Notice of Remote Hearing - Non-administrative Variance- January 29, 2021 Community Awareness -Hope to see you later! Community Forum today 5 - 6:30 pm AGENDA ITEM 9.1d ATTACHMENT 1 Page 116 of 124 A AGENDA ITEM 9.1d ATTACHMENT 2 AT 501 EVERGREEN POINT ROAD • P.O. BOX 144 • MEDINA, WA 98039-0144 TELEPHONE (425) 233-6400 • FAX (425) 451-8197 • www.medina-wa.gov DATE: February 8, 2021 TO: Mayor and City Council From: Aimee Kellerman, City Clerk Subject: January 2021, Public Records Request Tracking In January 2021, Central Services staff received 10 new public records requests, 1 ongoing public records request. These requests required approximately 5.5 hours of Central Services staff time and 0 hours of consulting time with the City Attorney. The overall January cost, which includes staff hourly rate plus benefits and City Attorney fees is approximately $298. In addition, the police department receives public records requests specific to police business that require records research and information distribution. In January 2021, the Police Department received 6 new records requests. These requests required approximately 1.5 hours of staff time and 0 hours of consulting time with the City Attorney. The overall January cost, which includes staff hourly rate plus benefits is approximately $93. The requests are from outside law enforcement agencies, insurance carriers, the public and persons involved in the incidents. Page 117 of 124 Assigned Dept Request Type Required Completion Date Summary Public Record Desired Assigned Staff Central Services Public Records Request 1/19/2021 Public Records Request Project address is at 7777 Overlake Dr W in Medina. I am trying to find the downstream drainage mapping for the stormwater system. Usually, the mapping we receive has pipe sizes and shows general direction of flow. PDF or images would be preferred. We realize this site will directly drain south to Lake Washington, but it would be helpful to confirm via mapping if there are any piped systems or other stormwater facilities in the vicinity. Please let us know if clarifying information is needed or if there are questions on the request. Thank you!” Dawn Nations Central Services Public Records Request 1/14/2021 Public Records Request All the building records that we might show a builder about an addition that we are contemplating having done. I previously made the same request that had a Reference # P001732-031120. I communicated with Dawn Nations at that time. By the way Dawn could not have been more helpful and pleasant and I hope she is still at Medina City Hall. She was truly wonderful. Please stay safe everyone Norman Silver Dawn Nations Central Services Public Records Request 1/20/2021 Public Records Request Requesting a report of all issued and pending building permits for residential & commercial properties from 12/1/2020 to 12/31/2020. Report to include if possible: permit number, issue date, site addresses, valuation of project, description of work, contractor information and owner name. If a report is unavailable, then copies of the original permits would be more than adequate. Dawn Nations Central Services Public Records Request 2/5/2021 Public Records Request A copy of the surveys done on the construction of the house at 607 86th Ave NE Dawn Nations Central Services Public Records Request 2/5/2021 Public Records Request Plans related to the construction on the site 607 86th Ave NE Dawn NationsLarion Tyshler Building1/23/2021 P001984- 012321 Larion Tyshler Building1/21/2021 P001982- 012121 Bob Shuman Building Looking for any records for my home address, particularly for underground plumbing and other things. Also, I'd like to add a side sewer map to this request. Thanks, Bob P.S. I'm fine with electronic, but am really hoping for older paper stuff on file, and am happy to stop by to look at it or pick up a copy. Dawn Nations Braden Mineer Building Central Services 1/11/2021 P001978- 011121 Public Records Request 1/22/2021 Public Records Request 1/11/2021 P001977- 011121 Mr. Norman Silver Building Andrew Wong Public Works 1/4/2021 P001974- 010421 1/4/2021 P001973- 010421 Create Date Reference No Customer Full Name PRR - Type of Records Requested January 2021 Monthly PRR Report Run Date: 02/03/2021 2:26 PM January 2021 Monthly PRR Report Run Date: 02/03/2021 2:26 PM AGENDA ITEM 9.1d ATTACHMENT 2 Pa g e 1 1 8 o f 1 2 4 Central Services Public Records Request 2/3/2021 Public Records Request I am looking for submitted drawings, calculations, permits, any related permitting information for an existing home owned by David &Laura Bustamante, 7632 NE 14th Street, Medina, 98039. I am preparing plans for an interior remodel and would like to find any information that will help me in preparing my architectural and structural drawings for permit review. Dawn Nations Central Services Public Records Request 2/5/2021 Public Records Request Documents regarding 50-80 foot (or similar) cellular facilities in the ROW, housing macro cellular antennas. Specifically, I request technical specifications, including antenna model(s) with technical details, housing and pole construction, generator and/or battery back- up (including maximum durations of backup in the event of electrical failure), specifics regarding associated equipment size and storage (underground or in cabinets), coverage capacity maps of all frequencies mapped, photos and/or visual simulations, and specifics regarding deployment mapping &/or tower density. I have a fax if electronic records are not available. I also can pay for copies to be made and mailed. Thank you! Dawn Nations Central Services Public Records Request 2/9/2021 Public Records Request I would like to request building permit for address 7821 NE 12th St., Medina from record between 1/1/1994 to 12/31/1997. Building permit numbers are likely to be 3300 and 3513, and if there is any record around status of inspection. Thank you! Dawn Nations Central Services Public Records Request 2/9/2021 Public Records Request Requesting a report of all issued and pending building permits for residential & commercial properties from 11/1/2020 to 11/30/2020. Report to include if possible: permit number, issue date, site addresses, valuation of project, description of work, contractor information and owner name. If a report is unavailable, then copies of the original permits would be more than adequate. We never received the issued report for November, only the submitted permits report. Thanks for the help! Dawn Nations Page 1 of 1 Braden Mineer Building Lucy G Development Services 1/29/2021 P001989- 012921 Ms. Holly Taylor Public Works 1/28/2021 P001988- 012821 1/27/2021 P001987- 012721 arhitect/PE Stephen Tapp Building1/25/2021 P001985- 012521 AGENDA ITEM 9.1d ATTACHMENT 2 Pa g e 1 1 9 o f 1 2 4 AGENDA ITEM 9.1e CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov Date: February 8, 2021 To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Ryan Osada, Public Works Director Subject: Public Works Monthly Report 1. MEDINA PARK PLAYGROUND – Last month, Park Board members reviewed the initial draft to update the main play structures at Medina Park. The goal is to create an inclusive playground that accommodates children of all ages and abilities. After several design modifications with Kompan, we were able to create a plan which will be presented to the Park Board this month. Page 120 of 124 AGENDA ITEM 9.1e 2. STORM SYSTEM ASSESSMENT – Gray & Osborne continues their work on the city’s storm water assessment. Mapping the storm system is nearly complete however, there are several areas including outfalls which are located on private property. We are also starting to scope several areas with cameras to obtain more accurate data. Once the storm system assessment is completed, we can start to develop immediate and future projects in order to prevent some of the flooding events that the city has been experiencing. Page 121 of 124 AGENDA ITEM 9.1e 3. JANUARY WIND EVENT – After one of the rainiest years in recorded history, the Puget Sound region started 2021 with a severe windstorm. The combination of saturated soils and high winds can have devastating effects on the region. There were widespread power outages from falling trees and numerous road closures. Public Works and the Police department responded to several incidents and dealt with the clean up around the city. Overall, the city faired well other than a few isolated incidents. Page 122 of 124 AGENDA ITEM 9.1e 4. MAINTENANCE UPDATES – Last month the city received a tremendous amount of rain and the Public Works crew has been responding to the flood areas. They have been concentrating their efforts on inspecting and cleaning obstructions in the city’s storm system to prevent further flooding. Dave Stifler is also busy installing the new signs at the Tennis Courts and making draft signs for the Park Board to review regarding off-leash / on-leash park rules. Page 123 of 124 AGENDA ITEM 9.1e 5. PROJECT UPDATES – 2015 Medina Park Stormwater Pond Imp. – Bravo Environmental has proposed a vactoring procedure to dredge the pond. However, we are currently researching a method that will lessen the impact to the pond wildlife. In addition, recent estimates for material disposal is around $900,000.00. 2017 Medina Beach Park Tree Replanting – Currently waiting for phase III tree planting. TIB 84th Ave NE Overlay – NE 12th St to Overlake Drive – Contract has been awarded to Icon Materials. This project is a partnership with King County Roads and will be postponed until Summer 2021 due to Bellevue’s AC Watermain Project. 2021 Overlay Program – 86th Ave NE Overlay is in review. Medina Park Playground Improvements – Kompan is designing structures that will fit the city’s budget and park board ideas. Post Office Floor Replacement – In review Citywide Stormwater System Mapping & Evaluation – G&O is currently completing the mapping scope and in early spring begin to develop stormwater improvement projects. 2021 Hazardous Tree Removal – in review NE 12th Street Sidewalk Improvements - design Page 124 of 124