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06-09-2014 - Agenda Packet
MEDINA CITY COUNCIL MEETING Monday, June 9, 2014 5:30 PM -- EXECUTIVE SESSION 6:30 PM — REGULAR MEETING AGENDA Patrick Boyd, Council Member Jay Decker, Council Member David Lee, Council Member Michael Luis, Council Member John Maffei, Council Member Alex Morcos, Council Member Curt Pryde, Council Member 1 MAYOR MICHAEL LUIS DEPUTY MAYOR DAVID LEE COUNCIL MEMBERS PATRICK BOYD JAY DECKER JOHN MAFFEI ALEX MORCOS CURT PRYDE MEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING AGENDA Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina MONDAY, JUNE 9, 2014 6:30 PM AGENDA EXECUTIVE SESSION - CALL TO ORDER / ROLL CALL CITY MANAGER MICHAEL SAUERWEIN CITY ATTORNEY KART SAND CITY CLERK AIMEE KELLERMAN Council Members Boyd, Decker, Lee, Luis, Maffei, Morcos, and Pryde EXECUTIVE SESSION RCW 42.30.110 (1)(g): To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. ,fl ADJOURNMENT Council will adjourn the Executive Session to the Regular meeting in the Council Chambers. 1. REGULAR MEETING - CALL TO ORDER / ROLL CALL Council Members Boyd, Decker, Lee, Luis, Maffei, Morcos, and Pryde. 2, PLEDGE OF ALLEGIANCE The Mayor will lead the Pledge. 3., APPROVAL OF MEETING AGENDA 4. PRESENTATIONS 4.1 None. . PUBLIC COMMENT Citizens wishing to address the Council for any matter on the Consent Calendar or not on the agenda may do so at this time. For items on the agenda, speakers will be called up to the podium by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less. Those who have service requests or complaints are encouraged to first bring such matters to the City Manager for prompt attention and resolution. Council meetings are business meetings where City Council may hear from residents and take action on official City business. In order to accomplish all the business on the agenda and be respectful of everyone's time, Council Members will not be able to engage in dialogue with individual members of the audience. 6., COUNCIL / BOARDS AND COMMISSIONS REPORTS 6.1 Mayor and Council Member Reports. 6.2 Commissions, Boards, and Advisory Committee Reports. a) Park Board Mid -Year Report. 7., CITY MANAGER'S REPORT 7.1 Department Directors: Police, Development Services, Finance, and Public Works. 7.2 City Manager a) Noise and Garden Power Tools Briefing 8. CONSENT AGENDA ITEMS These items will be acted upon as a whole unless called upon by a Council Member. 8.1 Subject: Approved April 21, 2014 Park Board Meeting Minutes Recommendation: Receive and file. Staff Contact: Kristin McKenna, Deputy City Clerk 8.2 Subject: April 14, 2014 City Council Special and Regular Meeting Minutes Recommendation: Adopt. Staff Contact: Aimee Kellerman, City Clerk 8.3 Subject: May, 2014 Check Register Recommendation: Approve. Staff Contact: Nancy Adams, Finance Director 8.4 Subject: King County Housing and Community Development Interlocal Agreement Recommendation: Approve. Result of Recommended Action: Action on this item will approve an Interlocal Agreement regarding the Community Development Block Grant Program and authorize the Mayor to sign the Interlocal Agreement. Staff Contact: Michael Sauerwein, City Manager 8.5 Subject: Local Government Investment Pool (LGIP) Resolution Recommendation: Adopt resolution. Result of Recommended Action: Action on this Resolution will provide for the City of Medina to continue to participate in the State of Washington Local Government Investment Pool (LGIP). Staff Contact: Nancy Adams, Finance Director 8.6 Subject: Award 2014 Asphalt Pavement Overlay and Evergreen Point Road Sidewalk Improvement Project Recommendation: Approve. Result of Recommended Action: Approval will overlay to Watson Asphalt Paving Company and Improvement Project to Combined Construction, Public Works to administer the projects. Staff Contact: Joe Willis, Public Works Director 9; PUBLIC HEARING ITEMS award the 2014 asphalt pavement the Evergreen Point Road Sidewalk Inc. and authorize the Director of 9.1 Subject: 2015-2020 Six -Year Capital Improvement Plan (CIP) and Transportation Improvement Program (TIP) Recommendation: Review the 2015-2020 Six -Year CIP/TIP and take public testimony. Result of Recommended Action: This item will be added to the July 14, 2014 regular meeting for adoption of the plan. Staff Contact: Joe Willis, Public Works Director 10. OTHER BUSINESS ITEMS 10.1 Subject: Ordinance Repealing and Readopting the Medina Tree Code Recommendation: Approve. Result of Recommended Action: Action on this item will adopt the phase one tree code updates with the changes incorporated from the May 12 council meeting. Staff Contact: Robert Grumbach, Development Services Director 10.2 Subject: Phase Two Tree Code Amendment Update Recommendation: Approve Phase Two, Schedule and Budget. Result of Recommended Action: Approval will authorize the City Manager to move forward on a process to develop proposed phase two tree code amendments and authorize the expenditure of up to $30,200 (add survey expenditures if desired) to support the public outreach program and tree inventory. Staff Contact: Robert Grumbach, Development Services Director 10.3 Subject: Marijuana Businesses and Zoning Discussion Recommendation: Discussion item only; direction on how to proceed required. Result of Recommended Action: Action on this item will provide guidance on developing a zoning code amendment regarding marijuana businesses and cannabis collective gardens. Staff Contact: Robert Grumbach, Development Services Director 10.4 Subject: Periodic Review of the Medina Comprehensive Plan and Public Participation Plan Recommendation: Discussion item on the update process and action on the public participation plan. Result of Recommended Action: Action on this item will provide guidance on moving forward with review and updates to the Medina Comprehensive Plan and adopt a public participation plan supporting this process. Staff Contact: Robert Grumbach, Development Services Director 10.5 Subject: City Council Calendar Recommendation: Discussion item only; no action needed. Result of Recommended Action: Council and staff review upcoming meetings and make necessary adjustments as needed. Staff Contact: Michael Sauerwein, City Manager 11. PUBLIC COMMENT Comment period limited to ten minutes. Speaker comments limited to one minute per person. 112. ADJOURNMENT 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.aov on Thursdays or Fridays prior to the Regular City Council Meeting. UPCOMING MEETINGS Monday, June 23, 2014 City Council Study Session (6:30 PM) WSDOT Presentation Overlook Park, City Government Finance 101, and Evergreen Point Road Friday, July 4, 2014 Independence Day Holiday -CITY HALL CLOSED Monday, July 14, 2014 City Council Re ular Meeting (6:30 PM) Monday, July 28, 2014 City Council Study Session — (6.30 PM) Airport Noise Consultant Update Monday, August 11, 2014 City Council Regular Meeting (6:30 PM) Monday, August 25, 2014 City Council Study Session (6:30 PM) - TENTATIVE 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. ii CERTIFICATION OF POSTING OF AGENDA 1, Aimee Kellerman, City Clerk for the City of Medina, declare that the foregoing agenda for the Monday, June 9, 2014 Special and Regular Meeting of the Medina City Council was posted and available for review on Friday, June 6, 2014 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. medi na-wa. gau. Signed Friday, June 6, 2014 at Medina, Washington. rrs , V,� cc c\ Aimee Kellerman, City Clerk AGENDA ITEM 6.2a CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov MEMORANDUM To: City Council From: Joe Willis Sr., Director of Public Works Date: June 9, 2014 Subject: Park Board 2014 Annual Work Plan Status Report The Park Board serves as an advisory board to the Council to provide guidance on parks and recreational needs of the city by advising the council and staff on matters relating to planning, acquisition, development, and operation of park facilities and recreational programs (MMC 2.40). To fulfill that mission, the Board during their January 21St board meeting proposed a number of issues and events for Council consideration: ➢ Conduct annual Easter egg hunt (April 19th). COMPLETED ➢ Coordinate annual Arbor Day celebration (April 9th). COMPLETED ➢ Coordinate City flag displays for Memorial Day COMPLETED, July 4th, and Veterans Day. ➢ Conduct annual Medina Park beautification Day (August 2"d). SCHEDULED FOR JULY 19TH ➢ Conduct ribbon cutting ceremony for the new Medina Park picnic shelter following the relocation of the Windsong sculpture to the shelter to protect it from the weather. COMPLETED ➢ Conduct ribbon cutting ceremony for the new Evergreen Point Lid Park upon completion in the fall of 2014. ON HOLD ➢ Prepare a strategy for the future use and repair/replacement of the existing Par Course facilities in Medina Park for consideration by the Director of Public Works and the City Council. IN PROGRESS ➢ Conduct a field trip to review all of the city parks and open spaces to define and prioritize proposed future needs and improvements. IN PROGRESS ➢ Prepare a list of suggested improvements and park maintenance projects for consideration by the Director of Public Works and the City Council. COMPLETED/ IN PROGRESS ➢ Participate in the development of the 2015 budget by providing proposals for consideration by the Director of Public Works and the City Council. IN PROGRESS ➢ Investigate the possibility of increasing the usable size of Medina Park by grooming more land on the south side of the park. COMPLETED ➢ Review the plans for the proposed new lookout that is part of the 520 project and present comments to the Director of Public Works. COMPLETED ➢ Identify possible land acquisitions to increase the total park space in Medina. OPEN 1 rA June 9, 2014 AGENDA ITEM 7.2a CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 1 MEDINA WA 98039-0144 TELEPHONE 425-233-6400 1 www.medina-wa.gov To: Honorable Mayor and City Council From: Robert Grumbach for Michael Sauerwein, City Manager Subject: June 2014 Monthly Report • Medina Beach Park - The water in the swimming area was treated with Milfoil. A chemical used to reduce the growth of underwater plants. • Public Works Shop Addition - Bellevue Utilities issued a permit for the contractor to install the new fire service line for the building. See the Public Works report for dates for the fire line service to be installed. • Evergreen Point Road Sidewalk South of the Green Store - We have notified the homeowners that they can proceed with installation of landscaping in the new planter areas. It appears most have begun installing their landscaping. • Evergreen Point Road Sidewalk North of the Green Store - See Public Works report. SIGN UP FOR MEDINA E -NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.gov and click on E -Notice Program. 9 10 MEDINA POLICE DEPARTMENT Dan Yourkoski, Acting Chief of Police Monthly Activity Report City of Medina 2014 Felony Crimes May YTD YTD Year End 2014 2014 2013 2013 Assault, Aggravated 0 0 0 0 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary (inc Attempt) 0 3 4 6 Drug Violations 0 0 0 0 Fraud (ID Theft) 0 16 3 18 Vehicle Prowl 0 1 1 1 Theft (over $750) 0 0 1 8 Malicious Mischief 0 1 0 0 Arson 0 0 0 0 Auto Theft (inc Recovery) 0 0 0 2 Poss Stolen Property 0 3 0 2 Other 0 0 0 0 TOTAL 0 24 9 37 Misdeameanor May YTD YTD Year End Crimes 2014 2014 2013 2013 Assault, Simple 0 0 1 3 Malicious Mischief 0 0 3 17 Vehicle Prowl 0 3 13 35 Theft (Under $750) 0 2 2 10 Domestic Violence 0 0 0 1 Minor in Possession 0 0 0 0 Drug Violations 0 0 3 3 Poss Stolen Property 0 0 1 1 ***Other 0 0 1 5 Total 0 5 24 75 ***Order Violation; Telephone Harassment; ; Trespass Page 1 MEDINA POLICE DEPARTMENT Dan Yourkoski, Acting Chief of Police YEARLY ACTIVITY REPORT City of Medina 2014 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Aggravated 0 0 0 0 0 Robbery 0 0 0 0 0 Sexual Assault/Rape 0 0 0 0 0 Burglary (inc Attempt; 2 1 0 0 3 Drug Violations 0 0 0 0 0 Fraud (ID Theft) 2 2 9 3 16 Vehicle Prowl 0 0 1 0 1 Theft (over $750) 0 0 0 0 0 Malicious Mischief 1 0 0 0 1 Arson 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 Poss Stolen Property 0 0 1 2 3 Other 0 0 0 0 0 TOTAL 5 3 11 5 0 0 0 0 0 0 0 0 24 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 0 0 Malicious Mischief 0 0 0 0 0 Vehicle Prowl 1 2 0 0 3 Theft (Under $750) 0 1 0 1 2 Domestic Violence 0 0 0 0 0 Minor in Possession 0 0 0 0 0 Drug Violations 0 0 0 0 0 Poss Stolen Property 0 0 0 0 0 Other 0 0 0 0 0 Total 1 3 0 1 0 0 0 0 0 0 0 0 5 Page 2 IV2 • MEDINA POLICE DEPARTMENT • Dan Yourkoski, Acting Chief of Police Monthly Activity Report City of Medina 2014 Traffic May YTD YTD Year End ACCIDENTS 2014 2014 2013 2013 Injury 0 0 1 1 Non -Injury 2 8 2 8 TOTAL 2 8 3 9 Traffic May YTD YTD Year End CITATIONS 2014 2014 2013 2013 Driving Under Influence 1 1 6 11 *Other 5 14 12 27 Total 6 15 18 38 Traffic May YTD YTD Year End INFRACTIONS 2014 2014 2013 2013 Speeding 12 45 78 139 Parking 8 24 19 55 **Other 9 31 56 149 Total 29 100 153 343 April YTD YTD Year End WARNINGS 2014 2014 2013 2013 Total 116 577 434 1374 April YTD YTD Year End CALLS FOR SERVICE 2014 2014 2013 2013 House Watch 22 152 231 447 False Alarms 42 137 126 334 Assists 35 147 162 457 Suspicious Circumstances 13 44 63 130 Property-Found/Lost 3 9 9 21 Animal Complaints 6 13 10 30 Missing Person 0 1 1 5 Warrant Arrests 1 10 2 11 ***Other 3 7 3 3 Total 125 520 607 1438 *DWLS; Fail to Transfer Title; No License **Expired Tabs; No insurance; Fail to stop; Defective Equipment ***Civil Dispute; Disturbance; Death Investigations Page 3 13 • MEDINA POLICE DEPARTMENT • Dan Yourkoski, Acting Chief of Police YEARLY ACTIVITY REPORT City of Medina 2014 Traffic Accidents Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Injury 0 0 0 0 0 0 Non -Injury 1 1 4 0 2 8 TOTAL 1 1 4 0 2 0 0 0 0 0 0 0 8 Traffic Citations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 0 0 0 0 1 1 Other 4 0 3 2 5 14 Total 4 0 3 2 6 0 0 0 0 0 0 0 15 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 2 6 5 20 12 45 Parking 4 6 0 6 8 24 Other 3 4 8 7 9 31 Total 9 16 13 33 29 0 0 0 0 0 0 0 100 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 114 110 115 122 116 577 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 33 47 27 23 22 152 False Alarms 17 22 24 32 42 137 Assists 28 18 33 33 35 147 Suspicious Circumstances 13 3 9 6 13 44 Property-Found/Lost 3 0 0 3 3 9 Animal Complaints 1 3 2 1 6 13 Missing Person 0 0 0 1 0 1 Warrant Arrests 2 3 2 2 1 10 ***Other 1 1 2 0 3 7 Total 98 97 99 101 125 0 0 0 0 0 0 0 520 Page 4 14 MEDINA POLICE DEPARTMENT Town of Dan Yourkoski, Acting Chief of Police Hunts Point Monthly Activity Report Town of Hunts Point 2014 Felony Crimes May YTD YTD Year End 2014 2014 2013 2013 Burglary 0 0 2 2 Forgery (Identity Theft) 0 2 2 4 Vehicle Prowl 0 0 0 0 Theft (over $750) 0 0 0 2 Possession Stolen Prop 0 0 0 0 Malicious Mischief 0 0 0 0 Auto/Boat Theft 0 0 0 0 TOTAL 0 2 4 8 Misdeameanor May YTD YTD Year End Crimes 2014 2014 2013 2013 Assault, Simple 0 0 0 0 Malicious Mischief 0 0 0 0 Vehicle Prowl 0 0 1 3 Theft (Under $750) 0 0 0 0 Possession Stolen Prop 0 0 0 0 Domestic Violence 0 0 0 0 Minor in Possession 0 0 0 0 Drug Violations 0 0 0 0 ***Other 0 0 0 0 Total 0 0 1 3 ***Order Violation; Telephone Harassment; ; Trespass Page 5 W MEDINA POLICE DEPARTMENT Town of Dan Yourkoski, Acting Chief of Police tHunts Point Yearly Activity Report ��✓L� Town of Hunts Point 2014 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Burglary 0 0 0 0 0 Forgery (Identity) 0 0 0 2 2 Vehicle Prowl 0 0 0 0 0 Theft (over $750) 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 Malicious Mischief 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 TOTAL 0 0 0 2 0 0 0 0 0 0 0 0 2 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 0 0 Malicious Mischief 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 Theft (Under $750) 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 Domestic Violence 0 0 0 0 0 Minor in Possession 0 0 0 0 0 Drug Violations 0 0 0 0 0 ***Other 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 6 MEDINA POLICE DEPARTMENT Town of Dan Yourkoski, Acting Chief of Police Hunts Point Monthly Activity Report Hunts Point 2014 Traffic May YTD YTD Year End CITATIONS 2014 2014 2013 2013 Driving Under Influence 0 0 0 1 Accidents 0 0 0 0 *Other 0 3 0 4 Total 0 3 0 5 Traffic May YTD YTD Year End INFRACTIONS 2014 2014 2013 2013 Speeding 19 36 5 52 Parking 0 2 3 10 **Other 1 7 11 37 Total 20 45 19 99 May YTD YTD Year End WARNINGS 2014 2014 2013 2013 Total 24 105 50 171 May YTD YTD Year End CALLS FOR SERVICE 2014 2014 2013 2013 House Watch 1 10 22 50 False Alarms 8 30 30 85 Assists 3 14 15 44 Suspicious Circumstances 1 5 6 21 Property-Lost/Found 0 0 0 0 Animal Complaints 0 2 1 5 Missing Person 0 0 0 1 Warrant Arrests 0 0 0 0 ***Other 0 0 0 0 Total 13 61 74 206 *DWLS; Fail to Transfer Title;No License **Expired Tabs; No insurance;Fail to stop;Defective Equipment ***Civil Dispute; Disturbance; Death Investigations Page 7 17 Town of Hunts Point Traffic Citations Driving Under Influence Accidents Other Total Traffic Infractions Speeding Parking Other Total Warnings Total Calls for Service House Watch False Alarms Assists Suspicious Circumstances Property-Lost/Found Animal Complaints Missing Person Warrant Arrests ***Other Total MEDINA POLICE DEPARTMENT Dan Yourkoski, Acting Chief of Police YEARLY ACTIVITY REPORT HUNTS POINT 2014 Jan Feb Mar Apr May Jun 0 0 0 0 0 0 0 0 0 0 1 0 2 0 0 1 0 2 0 0 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 0 0 3 0 0 00 0 0 3 Jul Aug Sep Oct Nov Dec Total 1 3 7 6 19 36 0 2 0 0 0 2 1 2 3 0 1 7 2 7 10 6 20 0 0 0 00 0 0 45 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 27 15 20 19 24 105 Jan Feb Mar Apr May Jun 4 4 1 0 1 2 5 7 8 8 6 1 3 1 3 1 0 2 1 1 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 10 14 10 13 0 Jul Aug Sep Oct Nov Dec Total 10 30 14 5 0 2 0 0 0 0 0 0 0 0 0 61 Page 8 11:3 MEDINA POLICE DEPARTMENT Dan Yourkoski, Acting Chief of Police MONTHLY SUMMARY MAY, 2014 FELONY CRIMES Fraud 2014-0002000 05/19/14 Victim reported unknown person(s) filed a tax return with the IRS using personal information. The victim stated the IRS reported no money was refunded on the fraudulent return. Fraud 2014-0002142 05/28/14 Victim reported unknown person(s) filed a tax return with the IRS using personal information. Fraud 2014-0002176 05/30/14 Victim came into the station to report person(s) unknown made fraudulent charges on a credit card account. MISDEMEANOR CRIMES Theft 2014-0001713 05/02/14 Victim reported theft of an iphone5 while visiting Medina Beach on 5/2/14. Theft 2014-0001743 05/05/14 A Post Office worker reported damage to four post office boxes outside the post office. It was unknown when the damage had occurred, but reported it as soon as a patron informed them. Theft 2014-0001811 05/09/14 Medina officer responded to a report of theft of bicycles and golf clubs taken from their garage. The homeowner did not know when the theft occurred. 19 TOWN OF HUNTS POINT Dan Yourkoski, Acting Chief of Police MONTHLY SUMMARY MAY, 2014 FELONY CRIMES No Felony incidents occurred during the month of May. MISDEMEANOR CRIMES No Misdemeanor incidents occurred during the month of May. 20 /_Tr74LI117_\�94Jii�+r CITY OF MEDINA Office of the City Manager June 9, 2014 To: Mayor and City Council From: Robert J. Grumbach, AICP, Director of Development Services Via: Michael Sauerwein, City Manager Subject: Monthly Development Services Department Report Planning Commission Meeting Recap: The Planning Commission was briefed on the status of the tree code update and staff answered questions. The Planning Commission then discussed the processes and public participation plan for the comprehensive plan update. They discussed different methods for reaching out to the public and provided input on the public participation plan. Hearing Examiner Decisions: • The hearing examiner held a public hearing on a shoreline substantial development permit for the Cohen project at 3640 Evergreen Point Road (File No. PL -14-002). The proposal was to remove a mooring pile and install a freestanding boatlift and platform lift. There was no public testimony presented at the hearing. The hearing examiner approved the application subject to conditions. Land Use Administrative Decisions: • A shoreline/ SEPA exemption was issued for a repair of an existing pier. The File No. is PL -14-012 and the address is 1031 Evergreen Point Road. Land Use Decisions Issued For 2014: Type of Decision 2014 YTD Variances/ Minor Deviations 1 SEPA 2 Conditional Uses/ Special Uses 1 Substantial Development Permit 2 Lot Line Adjustments 0 Short Subdivisions 0 Site Plan Reviews 0 Wireless Facilities 0 a Land Use Applications Received in May: Case Number Description of Permit PL -14-016 Substantial Dev Permit PL -14-017 SEPA/ Shoreline Exemption PL -14-018 Admin SUP PL -14-015 SEPA AGENDA ITEM 7.2c Location 2409 Evergreen Pt Rd 321 82nd Ave 321 82nd Ave 2409 Evergreen Pt Rd Building/ ROW Permit Applications Received — May 1 to 31: Building Permits: 6 Grading/ Drainage: 4 Demolition Permits: 1 Fence: 0 Mechanical: 7 Reroof: 1 Right-of-way Permits: 11 Total: 30 Building Permits Issued in April 2014: See Attached. Other Items of Interest: 1. Wireless Communication Facility at Fairweather Park: The City Council authorized the City Manager to execute a site lease agreement with Independent Towers. The lease was signed in December 2011. Two residents recently notified the City in writing of their belief that the lease should be void because signatures on the lease were not notarized. Additionally, they believe that SEPA review should have been applied to the approval of the site lease. The City Attorney reviewed their statements and advised that the lease is not void and the approval of the site lease was exempt from SEPA review. Regarding the lease being void, in short, there is sufficient evidence that both parties entered into a site lease agreement and that both parties have been operating as though a valid lease is in place. This is sufficient to make the lease valid. Whether the signatures required notarization does not matter, the lease does not have to be perfected to be valid as long as there is sufficient evidence to support that a lease was entered into, which there is. Regarding whether SEPA review was required prior to approving the site lease, the exemption cited actually supports an exemption. WAC 197-11-800(5) exempts the act of approving a lease where the property use will remain essentially the same as the existing use for the terms of the agreement. Although there may be a wireless communication tower located on the 2 22 /_Tr74LI117_\1194►yii*r« parkland, Fairweather as a whole will continue to operate as a public park, which makes approval of the lease an exempt action. Note: The application for the special use permit is undergoing SEPA review as part of the application process. However, because approval of the lease did not provide project approval, the approval of the lease did not require SEPA. 2. Noise Garden Power Tools: Jeffery Seeley, a resident on 8th Street, emailed the City Council about adopting an ordinance that would prohibit the use of power equipment before 9:00 am or after 4:00 pm Monday through Saturday, and all day on Sunday. There is a history of the City receiving similar requests regarding the banning of power garden equipment. In 2007, the council considered an ordinance banning leaf blowers. There was council discussion about noise and enforcement in 2009, and staff has been contacted in the past about noise complaints associated with garden power equipment. The key issue with any noise control regulations is enforcement so important policy questions arise. Attached to this report are some of the past comments and information that have been previously prepared relating to this subject. If the council is interested in exploring such an ordinance, it is recommended because of the broad impacts to the community and the need to understand how this might affect city resources, that any such effort be placed on hold until after work on the tree code is completed. 3 23 24 Permit Report April, 2014 2014 2013 Current Current 2014 2013 Month Month YTD YTD Difference Construction Value New Construction 0 0 5,666,868 4,000,661 $1,666,207 Permit Renewals 290,000 0 9,341,115 361,968 $8,979,147 Addition / Alteration 1,115,000 905,000 1,752,000 1,990,289 ($238,289) Accessory Structure 186,820 97,965 190,490 464,800 ($274,310) Repair / Replace 42,325 25,000 42,325 47,000 ($4,675) Fence/Wall 0 14,000 50,000 76,000 ($26,000) Wireless Comm Facility 0 50,000 0 50,000 ($50,000) TOTAL VALUE 1,634,145 1,091,965 17,042,798 6,990,718 10,052,080 Permits Issued New Construction 0 0 3 2 1 Permit Renewals 2 0 11 1 10 Addition / Alteration 4 3 8 10 (2) Accessory Structure 1 3 2 7 (5) Fence/Wall 0 1 1 3 (2) Demolition 2 1 5 5 0 Grading/Drainage 0 2 5 6 (1) Tree Mitigation 1 1 9 8 1 Mechanical 5 11 24 50 (26) Other -Moving 0 1 0 1 (1) Re roof 1 0 1 2 (1) Repair / Replace 1 1 1 3 (2) Right -of -Way Use 10 1 43 16 27 Construction Mitigation 2 3 6 8 (2) Wireless Comm Facility 0 2 0 2 (2) TOTAL PERMITS 29 30 119 124 (5) Inspections Building 81 58 293 245 48 Construction Mitigation 6 0 24 11 13 Grading/Drainage 17 19 77 46 31 Tree Mitigation 8 13 34 38 (4) Right -of -Way 63 10 161 38 123 TOTAL INSPECTIONS 175 100 589 378 211 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.gov TO: City Council FROM: Robert J. Grumbach, AICP VIA: Donna Hanson, City Manager DATE: July 13, 2009 SUBJECT: Citizen Request for Noise Enforcement Services Background: Development Services receives about 3 to 5 complaints a year regarding noise not associated with a building or development project. Recently, staff received such a complaint from Mr. & Mrs. McGrath at 8305 Overlake Drive about noise caused by their neighbor's heating and cooling systems. Mr. McGrath wants the city to test for noise levels to determine if a violation exists. Noise Regulations: The city adopted in chapter 8.06 MMC the King County noise regulations. The maximum permissible sound level for residential properties is 55 dB(A) during daytime hours and 45 dB(A) during nighttime hours. There are various exemptions, but none that would apply to heating and cooling systems. When measuring noise levels the readings are taken at the property lines using a sound level meter. The measurements are performed by professional sound expert who follows procedures that ensure a prescribed overall accuracy in the reading. Enforcement of Noise Regulations: The Medina Building Official is responsible for administration and enforcement of the city's noise regulations, except noises from motor vehicles, watercrafts and noises categorized as public disturbances, which are enforced by the police. Development Services requires noise testing and a certificate of compliance signed under oath by a professional sound expert as a condition for finalizing many permits and issuing certificate of occupancy. However, not all noise complaints involve a building or development project. In these cases, staff does not have the expertise or equipment to perform testing to determine if a violation exists. The city relies on the person making the complaint to hire a sound expert to perform the testing and document the noise levels. These documents can be submitted to the city and used to initiate enforcement action if evidence of a violation exists. 1 26 Analysis of Mr. McGrath's Request: At the core of Mr. McGrath's request is a policy question about paying for noise enforcement. The measurement of noise requires specialized expertise. Because of this, the city's policy is to share the cost of noise enforcement. This is done by the party making the complaint being responsible for the cost of testing. The city is responsible for the cost of review and follow-up if a violation is proven to exist. If there is a desire to change this policy and have the city responsible for the full cost of noise enforcement, either on on -call noise consultant would be necessary, or staff would have to be trained and testing equipment purchased. While the city's code enforcement program remains complaint -driven, staff has concern with administrating a noise enforcement program should the existing policy change. A noise consultant is about $100 to $165 per hour with a minimum of two to three hours per test. Sound meters are about $3,000 to $5,000 each plus the staff training and the time spent performing noise tests. The person responsible for the noise is responsible for any penalties should they be found responsible for commissioning a violation. Violations constitute a civil infraction punishable by a fine not to exceed $500, with each day the violation occurs constituting a separate violation. However, monetary penalties are only assessed if voluntary compliance fails. Attached to this memorandum are complaint letters received from Mr. McGrath and the city's response letter. 2 27 ITEM OB-4 V011k Of M��I P CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.gov TO: Medina City Council FROM: Robert J. Grumbach, AICP DATE: September 14, 2009 SUBJECT: Noise Enforcement Services Background: This issue began with a citizen's request for the city to conduct noise testing of his neighbor's property to determine if a noise violation existed. The citizen has since resolved the issue with his neighbor. However, a policy question regarding who pays for the noise testing remains open for discussion. Enforcement of noise regulations: City staff does not have the expertise or sound testing equipment to conduct valid testing of sound levels. As a result, we address noise issues in the following manner: • Most projects involving installation of mechanical equipment are required to have noise testing performed by a sound expert. The applicant submits the results of the testing to city staff who verify the noise levels comply with city codes. • Complaints involving non -projects, such as the citizen's request above, we rely on the complainant hiring a sound expert to perform the test. The complainant submits the test results to the city and the results are used as evidence to initiate a code enforcement action if a violation is found to exist. Enforcement action taken: If testing results show a noise violation exists, per city policy and chapter 1.15 MMC (Code Enforcement), staff notifies the person responsible for the violation and works with them to voluntarily correct the violation. If the violation is voluntarily corrected, the case is closed and no penalties are assessed. Penalties are only assessed when voluntary compliance fails. 1 28 ITEM OB-4 Policy Question: The current policy places the cost of noise testing on applicants and complainants. In the case of applicants, they pay for the entire cost of noise testing and compliance. In the case of complainants, it is a policy of shared costs for enforcement. The complainant pays for the cost of testing; the city pays for the rest of the enforcement action. The question is whether the policy of shared costs by complainants should change. Items to consider if shared cost policy is changed: 1. Because noise testing has to follow certain procedures to be valid, there are two primary options available if noise testing is performed by the city. • Hire a professional sound consultant to conduct noise testing. A sound expert costs between $100 and $165 per hour with a minimum two to three hours for testing and preparation of the report. • Train city staff to conduct noise testing. The testing equipment is about $3,000 to $5,000, plus training costs, plus staff time to perform the tests. It should be noted that this approach generates another question of who on staff would be responsible for noise testing. 2. The costs for noise testing would be a new expenditure to the city budget from which city funds would be required. The costs are estimated at about $5,000 to $7,500 annually. To pay for the cost of noise testing the following are some available options. • Cost recovery could be obtained by increasing permit fees to include the cost of noise enforcement. • Cost recovery could also be obtained by the city becoming more aggressive in issuing monetary penalties for noise violations. However, this approach would require us to alter our current approach of working towards voluntary compliance, which does not carry fines. Note: this approach will likely produce unintended consequences of increasing the number of appeals of fines, which could work against the effort to obtain cost recovery. • The option of having the person responsible for the violation reimburse the complainant for the cost of the noise testing does not have a legal basis to allow for such according to the city attorney. 2 29 ITEM OB-4 3. The current permit process of having the applicant submit noise testing on projects would have to change. An inspection would be added to the approval process that would include having the city conduct noise testing. This change would be necessary to avoid situations where a complaint alleges the applicant's noise testing was performed incorrectly and therefore prompting a second noise test by the city. 4. The number of noise complaints is anticipated to increase if the city performs sound testing. This is expected as a result of noise enforcement becoming a higher priority and as a result of the shift in cost sharing. 5. It should be noted that a change in the policy regarding noise testing will not resolve all noise complaints. The type of noise testing addressed in the policies in this memo work best for sources that are stationary. Noise from lawnmowers, leaf blowers, etc would remain difficult to address as the sources of these noises are temporary and mobile. A different kind of program (such as licensing) would be necessary if the city wanted to ensure these types of equipment complied with noise standards. 3 30 ITEM CI -1 CITY OF MEDINA City Council November 26, 2007 TO: MAYOR AND COUNCIL MEMBERS FROM: COUNCIL MEMBER DREW BLAZEY RE: NOISE NUISANCE REGULATION Soon after the leaf blower was introduced into the U.S., its use was banned in two California cities, Carmel -by -the -Sea in 1975 and Beverly Hills in 1978, as a noise nuisance. There are currently twenty California cities that have banned leaf blowers, sometimes only within residential neighborhoods and usually targeting gasoline - powered equipment. Another 80 cities have ordinances on the books restricting either usage or noise level or both. Other cities have discussed and rejected leaf blower bans. Nationwide, two states, Arizona and New Jersey, have considered laws at the state level, and five other states have at least one city with a leaf blower ordinance. FREDERICK D. VOORHEES 3430 Evergreen Point Road Medina, Washington 98039 (425) 454-1771 August 20, 2007 Robert Rudolph, Mayor CITY OF MEDINA P.O. Box 144 Medina, WA 98039 Dear Bob: Re our recent telephone conversation, I'm sorry I will likely be unable to attend the September 10th council meeting to present my case re leaf blowers and assorted other noise and air polluters. Accordingly, I am prompted to write this third letter in the hope that it will bear fruit by not being lost in the shuffle at city hall, as was apparently the case with the prior letters. I am also hopeful that that fruit will manifest itself in the form of either enforcement of exiting ordinances which cover offensive noise, or the passage of new ordinances that will mitigate the sound pollution emanating from gasoline powered lawn tools, particularly when multiple tools are being run simultaneously. The council should note the fact that, as confirmed by consulting Google, Houston, Toronto, Westchester County and Larchmont NY; and Mansfield, OH ban the use of leaf blowers as does Greenwich, CT, between May and September. As to air pollutionlclimate change, again from Google, hydro- carbon emissions from lawn tools are as high as a 1968 six cylinder automobile. Fortunately, technology exists to reduce those emissions by as much as 95%. With its emphasis on quality of life, the council will concur that it's time to read its mail and move on this on -going blight. Sincerely, FREDERICK D. VOORHEES 3430 Evergreen Point Road Medina, Washington 98039 (425) 454-1771 January 7, 2007 City Council CITY OF MEDINA P.O. Box 144 Medina. WA 98039 Subject Noise Abatement Dear Council Members: On February 23 of last year I wrote to you concerning noise abatement relative to leaf blowers and lawn mowers. For your convenience, I enclose a copy of that letter. Since I did not receive any acknowledgement from the city staff or read or hear of any council discussion concerning the issue, I have to assume that either last year's letter went astray or the council or city staff determined that the matter was not sufficiently important to consider. In any event, those of us who have neighbors with landscaping that requires immaculate maintenance are now, more than ever, being unnecessarily assaulted, by the noise of these unregulated machines. I cannot believe that I and my family are the only ones to resent our erstwhile quiet neighborhood being so unnecessarily annoyed. If the city staff and council feels this to be an unjustifiable complaint, let me refer you to the enclosed copy of page 86 of the January 1', 2007 issue of U.S. NEWS & WORLD REPORT which article pretty well establishes that not only do other residential communities recognize the problem, they have taken positive action to mitigate it; even to banning the machines completely. For a city that honors the environment as Medina's building code does, and not face up to the reality of the issue, demonstrates a lack of civic leadership. Sorry, fellas, but that seems to be the way it has to be viewed. February 23, 2006 City Council CITY OF MEDINA P.O. Box 144 Medina, WA 98039 Ref: Noise Abatement Gentlemen & Ladies: With the coming of spring, I am prompted to suggest that perhaps it's time to consider the review of the City's noise ordinance as it applies to leaf blowers and lawn mowers. Several days a week, even during the winter months, one can- not avoid the high-pitched whine of leaf blowers. In one case, it seems that every leaf that falls is just cause to immediately rally a battalion of men armed with blowers. They then assault the miscreant, ultimately subduing it along the edge of the property from whence it soon re-emerges with the next gust of wind to again challenge perfection and remobilize the troops.. I am not opposed to the use of machines as such, but I am in favor of taking advantage of the benefits accruing from cost effective technology, in this case sound abatement in the form of mufflers on small gas engines. I note that Medina even requires an acoustical engineer to sign off on the heat pumps. And even more specifically, Medina has expanded on the noise section of the King County code to the effect that a mechanical noise source is prohibited if it disturbs the peace, quiet, repose and comfort of neighbors. Sincerely, AGENDA ITEM 7.2d CITY OF MEDINA June 9, 2014 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: May 2014 Financial Reporting The May 2014 Reporting includes: • May 2014 AP Check Register Activity Detail • May YTD 2014 Revenue & Expense Summary Key Items for May YTD include: GENERAL FUND Revenue: • Property Tax is at $1.345M as of May. Property Tax is deposited into our account during the April/May and October/November timeframes. • Sales Tax Revenues are at $446K as of May, which is slightly higher than budget. Annualized, the trend would give us $1.070M in Sales Tax for the year vs annual budget of $920K. • Building Permit Revenue is slightly low for May YTD, at ($55K) under annual trend for permits. • Intergovernmental Revenue includes Revenue of $8K for Emergency Preparedness that was carryover into 2014. We have billed Hunts Point for 2 Quarters of Police contract services, and have received payment for one Quarter (slightly low due to timing of invoice payments). • Planning and Development Revenue is at $123K as of May, slightly lower than YTD Budget. • We have received $25K in wireless facility lease revenue, which completes 2014 revenue for this line. Expense: • Finance pays 2014 annual WCIA Insurance Liability premium in January $129K. Finance is $14K higher than YTD Budget, due to $3K in 2012 Audit Fees (Auditor's completed the 2012 Audit in January 2014) and $11 K in IT Equipment and Services. • Police: Reminder that the Police Chief salary is budgeted for the period of May — December 2014. We are still operating with one Police Officer vacancy. • Development Expense for May YTD is slightly lower than budget, due to timing of vendor invoices. CAPITAL FUND Revenue: Real Estate Excise Tax Revenues are $310K as of May YTD, and trend exactly to May YTD Budget. Annualized the trend would be $744K, which is our annual budget amount. Expense: • Capital project expenditures are $289K as of May YTD, primarily related to Public Works Shop Improvements. Note: Carry forward funds for 2013 for PW Shop Budget will need a 2014 Budget Amendment to account for the total approved budget for the Shop Project and unspent 2013 funds. The City Council Packet includes an Agenda Bill and Resolution which is required by the State of Washington Office of the Treasurer for jurisdictions who participate in the Local Government Investment Pool (LGIP). Adoption of the Resolution is mandatory and ensures that local government bodies are informed about the LGIP. The State Treasurer's Office has distributed a prospectus and an authorization form for delegation of authority for contribution and withdrawal of LGIP funds. l0 E E co C0 d1 r O O. 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(A (A N V (N(A O) (fl (A N- U, M M O) (V CD (V (A (A (A O N ❑ H O O LO — h (O O) I- N (O O O O) — Lf) O N O O 0 H W O O LO M (D M M O LO O) V U, O) N O (A N O V O Q Ln V N- M N- O) — N co L() I L() >, ❑ N_ N CO 6) O d) N LO h 00 N - U) 00 CV U) N ❑ CC) ON- N- (N (ON N N- ra 0i- U) U,0)-- NU, U,N MEAM M— M,- 00� �2 m Efl Cl N ❑ J M Lf) O V M Lf) LO N N M CO - 0 LM M O O -4 O H Q CO M O Lf) N 00 V LO M 6) O I� m N M T O'4 O r ❑ CO CO LO CO (fl V CO M 6) Lf) N (O M LC) CO LC) N O O N (NLO L() 00 N N CO L() (+9 0j c c V (NL() O) V N (0 N CO EA (0 O M 00 e- M e- (R (A J CO O (6 0) N M O O (O C6 (O O O O O O p 0 Q Lf) I- N 00 N M M (A Lf) NO N. E9 C N. D V V N M L() Lf) M N O) LO LO M O N.LC) EA (fl L() N M 0 EA M M N- N CO N N. CD CV CD Q CD EAREA U, ,- EAR (A m U, N MCA O) c E C) (C (C0 CC(L) aZ N 0 Q o6 N Wo 3 > @ a) o `L) o- c E o U O) ox cD C O .V Cl) > U 0C G 3 X .≤ Cl) ) �' O E m m (6 X yJ� W LLJU JCLLLWOd'd 00 N. C) � r (A I — Z W 2 O Cn W Z M —0'1J 2 C O Q = > J-aH0 Q c cn W H'L Q CO CO CCD CD N. cco L(O U) I - Z W W N ; Z � J OZf R ❑ = y0 ra U C Z Z J = H W Q OF- m U Key June 9, 2014 CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 1 MEDINA WA 98039-0144 TELEPHONE 425-233-6400 1 www.medina-wa.gov To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Aimee Kellerman, City Clerk Subject: Central Services Department Monthly Report JUNE AND JULY PUBLIC MEETINGS AND EVENTS Event Date Time Location Park Board Meeting June 16 5:00 pm Medina City Hall Hearing Examiner Meeting —TENTATIVE June 18 5:30 pm Medina City Hall City Council Study Session June 23 6:30 pm Medina City Hall Planning Commission Meeting June 24 6:00 pm Medina City Hall Independence Day Holiday— City Hall Closed July 4 City Council Meeting July 14 6:30 pm Medina City Hall Emergency Preparedness Committee Meeting July 15 6:30 pm Medina City Hall Hearing Examiner Meeting — TENTATIVE July 16 5:30 pm Medina City Hall Park Board Meeting July 21 5:00 pm Medina City Hall Planning Commission Meeting July 22 6:00 pm Medina City Hall 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. CIVIC ENGAGEMENT OPPORTUNITIES The City has positions with partial terms available now: Please consider serving your community and encourage your friends and neighbors to apply too! Board/Commission Position (Full or Partial Term) Term Period Medina Civil Service Commission Position 1 Available Now & Expires 06/30/2017 Medina Civil Service Commission Position 2 Available Now & Expires 06/30/2015 COMMUNICATION TO OUR COMMUNITY E -Notice Program: During the month of May, the City issued 22 bulletins amounting to a total of 16,165 bulletins delivered to subscribers; approximately 23% were opened. See Attachment 1. As of May 30, the City had 2,769 subscribers (change in total subscribers +24), with a combined total of 21,012 subscriptions (change in total subscriptions +445). Website Hits: The attached report identifies popular hits on the City's website pages during the month of May. See Attachment 2. 37 AGENDA ITEM 7.2e RECORDS REQUESTS As of May 31, 90 public records requests have been received by central services. See Attachment 3. PASSPORTS During the month of May, 9 passport applications were processed at City Hall, totaling 77 for the year. The City accepts applications by appointment only between 9 am and 3:30 pm daily. GET CONNECTED! STAY INFORMED! SIGN UP FOR MEDINA E -NOTICES. RECEIVE THE CITY UPDATES YOU WANT, DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.gov and click on E -Notice Program. 38 ATTACHMENT 1 05/01/2014 - 05/31/2014 Comparisons: May, 2014 Bulletins Developed 22 Total Recipients 16,518 Total Delivered 16,165 Unique Email Opens 2,769 Unique Email Open Rate 23.00% Wireless Recipients 3,553 April, 2014 30 16,404 16,108 2,690 22.70% 3,503 March, 2014 35 19,949 19,246 3,554 24.70% 3,977 February, 2014 25 16,963 16,629 3,010 24.00% 3,491 January, 2014 22 12,228 11,963 2,221 24.30% 2,320 December, 2013 11 7,057 6,942 1,278 23.60% 1,243 November, 2013 26 11,322 11,149 2,040 23.30% 1,821 October, 2013 29 15,779 15,504 2,776 22.60% 2,558 September, 2013 22 11,671 11,143 1,916 22.10% 2,051 August, 2013 17 8,563 8,212 1,620 23.30% 934 July, 2013 32 13,584 13,110 2,435 22.20% 1,554 June, 2013 37 11,705 11,452 1,925 20.40% 1,380 May, 2013 34 15,114 14,806 2,729 22.00% 1,604 April, 2013 30 12,668 12,456 2,325 22.10% 1,271 March, 2013 35 18,594 18,194 3,483 22.50% 1,835 February, 2013 23 7,010 6,887 1,111 19.10% 653 January, 2013 31 12,230 11,989 2,516 24.20% 956 December, 2012 21 7,912 7,787 1,507 22.10% 520 November, 2012 42 13,812 13,652 2,597 21.80% 829 October, 2012 36 10,397 10,342 1,964 20.10% 585 September, 2012 30 10,679 10,616 2,235 22.40% 625 Date Sent Top 10 Most Read Bulletins During April Emails Opened Email Open Rate 05/05/2014 02:45 PM PST Civil Service Commission Vacancies 307 23% 05/08/2014 01:14 PM PST SR -520 Closures - May 9-12 415 25% 05/09/2014 03:11 PM PST May 12, 2014 City Council Agenda Packet 232 33% 05/13/2014 11:00 AM PST SR -520 Paving Activity 376 25% 05/16/2014 04:00 PM PST Notice of Revision - May 21 Open House at Medina City Hall 410 28% 05/19/2014 02:07 PM PST Medina Park Picnic Shelter Ribbon Cutting Ceremony - Saturday, May 24th 379 27% 05/20/2014 09:44 AM PST REMINDER: May 21 Open House for Medina Sidewalk Project 261 21% 05/20/2014 11:34 AM PST SR 520 Project Construction Notification 418 27% 05/23/2014 09:13 AM PST SR -520 Bridge - Notice for Memorial Day Weekend 305 24% 5/30/2014 10:40 AM PST SR -520 Bridge - Upcoming Closures for May, June 194 13% 39 website stats 05/01/2014 - 05/31/2014 ATTACHMENT 2 Top 20 Page Views by Section Section Default Home Page History Police Development Services Search Results Employment Parks FAQs Services Directory Documents City Council City Departments Events Shoreline Master Program Update Helpful Links Park Board Public Works Request to Review Public Records City Manager's Office Feedback Form Top 20 Unique IPs by Section Page Percent of Unique Percent of Views Total Section IPs Total lPs 3,823 33.01 Default Home Page 1,671 25.97 854 7.37 Police 288 4.48 453 3.91 Development Services 263 4.09 452 3.9 Parks 227 3.53 434 3.75 History 193 3 380 3.28 FAQs 187 2.91 343 2.96 Employment 181 2.81 232 2 Employment 175 2.72 229 1.98 Search Results 161 2.5 220 1.9 City Council 149 2.32 209 1.8 Services Directory 141 2.19 179 1.55 City Departments 139 2.16 155 1.34 Documents 131 2.04 152 1.31 Helpful Links 100 1.55 145 1.25 Events 96 1.49 126 1.09 Park Board 89 1.38 118 1.02 Public Works 77 1.2 113 109 108 Total Page Views During Period 8,834 0.98 City Manager's Office 74 1.15 0.94 Traffic Safety 71 1.1 0.93 About this Site 70 1.09 Total Unique Views During Period 4,483 40 M H z W 2 I z O w U- 0 C) CD 0 J I Cl) a w w 0 0 w w 0 J a. z a z w a. � L L 0 U 0 U) -Q 6 _N N 7 N 7 O CT L p OO Q 22 Q O Q O t,o Y o N N Y U 'a U Q' 00 N U_ cu r Q d r r p_ Q O O7 O N U U (n O (/) co' c E a Q O a) E LL �" O r m an m r _ z O U O) O) a) c a) co 0 cn `° c E O O w N d a) U c - <o L Q 0 O V O) U) p O " a z C N> O) a) O O a) Q C p E a) L U U L 7 4) Q a) p U p U O a) p O U N C O O _ 7 O Q L O> Vi O O -02U) "a C OC> L a) O U Q C f U a. p C> " 4) ' C U) (l) .� m v) p Q p O p U L w o�Q : Q 4) co O 22 O Q U C (o E Q OO ` O Q V) U C L C U L O Q co O o0 'C a) a) L "O L N U) p C O DL N .C Q U L p O U O> Q p "O (n Z C')0 C O a) E Euj Q m (9 ° < z o a) > co .O 0) — C Co Co CO > CO N •Cn m Co C O_ co d N N N N i N (N c) C) N CSI M I z W 2 U I- I - a) f I \oa\ _ p E w _ g o § 3 = E\ 0 \ c o, e / a/% n/ \' * t o= t 2 = e m c e e o E \ 7\.R/ /�O= f o w o = /a) >\ ® E 0 2 7a) - U A / 0 2 2 6 \ O 0 k Cl) a) CD CD C) < k < < < Z Z Z Z OD) % < = 2 $ $ t Da) a - �_ E E 2= E S-0q��0 7 /i >,CL o- 0,% o- \ f m o ® r Z \ E c c a) c k// b o 0>= \ m: s o o 2 _ \ = o _- = \ / c % 2 m 5 =3 \ • U) 2 k k ii \ \ \o / 0= E_= \ ( ) / / E _ = \\ = 2= . n 0. = E G n m ® o R o o o e< e c" m= A 2 D %/ § \ 6 / > E\ f 2 E 2$/ 2 L o f o 5 Z \ E\ /\ o=° ° 2/> § C 2 k\\) Q Z m E m co w< I I 2=< O <0 0 0 \ 2 O+ \ 9P 2 § C I = _ O / 2 ± ° > co« 2 Ca) \ = / \ \ 7 0 . \ = e 0< / \ f E Cl) 0 / / \ / / \ / \ / / / (N 2 » « » » » 6 & CD Y 9 9 % 9 9 / / / \ \ \ \ \ \ \ \ \ 42 77 / / ± w > k \_ ® = 2 = _ _ o $ 0 \ 7 § \ _ o @ § a a ? 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N N C N 3 N C N >� C 4.1 U C 4J L v1 - N rl O O i - )n rl O 4) N rl O to ++ rl C rl O a O O N rl N rl N 3 Nij O rl rl C C.— C J C v a� 0) O N in 0) 0) > O N 0 -� a) C O N +J C O N 0 C E 0) 'C U J i C = i U cO J E m O (6 Y N (6 C N cn m (7 N O (0 (0 G O -a)>- Q E C N N a) N L cn N N Q O t a fB O O co L O CCD O N CDs- L O U' O CD N -C O Y N E L O E co L O v U o m 4- < U ,- E 0 0 OO O ap -C Q O C (O C O Q Oo @) c O c O c O c O c O c O c O c O c O Cl) U) U) U) U) U) U) U) w c > CO O c c c c C c C C C c6 c Y N 4 0 ca 1 ca Y ca Y ca Y (a - ca - ca 1 ca - ca `1 O LOU) 2 > O 2 O 2 O 2 O 2 O 2 O 2 O 2 O 2 O N- 0 c6 C U U U U U U U U U pr W m C w w W w W w W w W r O r O r O r O r O r O r O r O r O r O O O 00 O O O O O O O N N N N N N N N N N LO (O L) ((C) ((f) ((C) ( ((C) ((f) ((f) (O N- CO O C) (N M Nt IC) N- N- N- N- 00 O 00 CO 00 O I I I I I I I I I I r r r r r r r r N N N N N N N N N N 54 M I - z W 2 U I - o f / O / _ 2b $= E a)CD $ $ § a ,LC° / § / 0 o\ 6 7 2 a) k± / -o / =- > d ° b§ E L() r\% Cl) e R 2 _ \ o aio CU(N /\� \ .Q \ $ n = _ 7 § _ $ $ 2 -C -C o Cl) a? t e I o& \ § $ t 2 - e / 7 / o c u- U) m \ # \ \ f / § U) U 2 o to o r Fn e E « o m = 2 = 2 / \ : / O C / 2 § ± _ C) § \ ® c 2 % 2 # 5 2 : § t E % \ / \ = 7 § § ® / / E § \ B \ 0-D E ± k \ 9 E \ ) " % \ � - f / / f S c &\> 2 o 2- E 0 p 2 k 2 r \ D k 2 $ a j \ / \ k % ® % § \ 2 o s e x e» _§ °- 2% } \ / k \ \ a ) C / _ E \ \ a) § k \ \ / a) W / / / M % \ d / / c } / CU > \ _ \ U Cl) \ ) g 5 Cl) 0 = a) 2 a_ 0 / / / / \ \ \ \ \ $ $ @ 2 $ / \ / $ / 4 4 4 4 4 \ \ \ / \ m 611 June 9, 2014 AGENDA ITEM 7.2f CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 1 MEDINA WA 98039-0144 TELEPHONE 425-233-6400 1 www.medina-wa.gov To: Mayor and City Council Via: Michael Sauerwein, City Manager From: Joe Willis Sr., Director of Public Works Subject: May 2014 Public Works Report 1. The Director of Public Works packaged the asphalt street overlays for 2014 with the Evergreen Point Road sidewalk improvements to obtain more cost effective bids. The sidewalk modifications are designed to meander the sidewalk around eight power poles north of the post office that are currently in the walkway. The Council reviewed portions of this project on March 24 during a walking tour. Five bids were received for the project on May 6th. The lowest street overlay bid of $237,230 was submitted by Watson Asphalt Paving. The lowest sidewalk bid of $34,945 was submitted by Combined Construction. The lowest combined bid for both schedules was submitted by Lakeridge Paving at $295,661. The bid tabulation is attached to Agenda Item 8.6. Award of the project is scheduled for June 9th Concept renderings for the sidewalk modification locations were shared with the public at an open house held on May 21st at City Hall. Ten residents attended the open house and everyone expressed their approval of the design concepts and a desire to see more sidewalk improvements in other locations along Evergreen Point Road and along NE 12th Street. Notices of the project along with the consultant's renderings for the individual sidewalk modification locations were mailed to the residents along Evergreen Point Road from NE 8th to NE 18th Street in May. A post card mailing was also sent to all Medina households to notify them of the project currently scheduled to begin after July 4th. 2. Evergreen Asphalt completed the 2014 street crack sealing project. Pavement cracks were sealed on NE 10th Street from 84th to lake Washington Blvd, on NE 12th and Lake Washington Blvd from 84th to NE 10th Street, on the 800 and 1600 blocks of Evergreen Point Road, and on NE 8th Street from Evergreen Point Road to 81St Ave NE. The sealing of the pavement cracks prevents moisture from saturating the pavement sub -base and sub -grade that can lead to further pavement failures, thus extending the life of the pavement surface until pavement overlays can be accomplished on a scheduled basis to keep pace within current City revenues. AGENDA ITEM 7.2f 3. The Public Works Shop Building Addition construction by Rod McConkey Construction is scheduled for June 2nd for installation of the fire service line to the building. The electrical service work on the shop addition to balance the electrical panel loads was completed. 4. Temporary fencing for installation along the top of the shoreline rock revetment at Medina Beach Park has been received. The four foot high fencing is green mesh fabric with a yellow top band and five foot spaced PVC support posts. The fencing appearance is like those seen around many softball outfields. The Public Works crew will be installing the fencing this month. The public works crew has been preparing the parks for the summer season; turning on the irrigation systems, mowing, trimming, weeding, etc. "Windsong" sculpture was placed in the center of the new picnic shelter prior to the ribbon cutting ceremony that was held on May 24th. In honor of Memorial Day, the crew installed flags on City Hall and at Five Corners in Medina Park. Picnic Shelter in Medina Park [a;] AGENDA ITEM 7.2f Windsong Mounted in Picnic Shelter Water treatment application were applied to the Medina Park ponds to control the algae growth that appears each year in the ponds during warm weather. The treatment is 100% natural and not harmfull to plants, animals, or humans. The treatment works by consuming excess nutrients (nitrogen and phosphorous) in the ponds. 5. The SR 520 Project is in full swing to complete the transit stop, mainline freeway paving work, and the freeway lids. In conjunction with the completion of the 84th roundabout, Points Drive will be closed from June 2nd to June 6th and 84th Ave NE along with the freeway on and off -ramps will be closed on June 6th to June 16th for final alignment of the roadways. The contractor and WSDOT were asked to complete the channelization of 84th Ave NE from NE 24th to Points Drive during the closure of 84th. The channelization will be revised to two north bound lanes (left inside lane for SR 520 on -ramp access and the right outside lane for HOV and Hunts Point Access), a center turn lane at Medina Circle and one southbound lane. 6. Kar-Vel Construction will begin the Bellevue Utilities waterline replacement on NE 28th Street from Evergreen Point Road to 80th Ave NE, along Evergreen Point Road from NE 28th to SR 520, and on NE 28th Place this June. The schedule for the work begins on June 5th and extends to July 21St. The Medina street overlay of NE 28th Street will follow the waterline replacement work. SIGN UP FOR MEDINA E -NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.gov and click on E -Notice Program. 59 60 CITY OF MEDINA AGENDA ITEM 8.1 Park Board Meeting Minutes Monday, April 21, 2014 CALL TO ORDER Medina City Hall I Council Chambers Chair Adam called the April 21, 2014, Medina Park Board meeting to order at 4:59 p.m. ROLL CALL Present: Drew Blazey, Gabriele Dickmann, Penny Martin, Susan Loren -Taylor (arrived at 5:04 pm), Vice -Chair Susan Flagg and Chair Miles Adam Absent: None Staff Present: Joe Willis, Director of Public Works; Michael Sauerwein, City Manager; Kristin McKenna, Deputy City Clerk. ANNOUNCEMENTS (5:00 pm) Chair Adam welcomed new Park Board member Penny Martin. Chair Adam thanked everyone for their participation in a very successful Easter Egg Hunt. APPROVAL OF MINUTES MOTION BLAZEY/SECOND MARTIN TO APPROVE THE MARCH 17, 2014 PARK BOARD MEETING MINUTES. MOTION CARRIED 6-0 AT 5:01 PM. PUBLIC COMMENT (5:01 pm) No public comments. NEW BUSINESS (5:02 pm) Boardwalk Path through Wet Lands (5:02 pm) Public Works Director Joe Willis presented 2 photos showing a boardwalk that was built over wetlands. Willis also presented an aerial view photo of Medina Park, drawings and estimates of what it would cost to build this type of boardwalk through the wetlands at Medina Park. Willis stated the location of the boardwalk would be south of the south pond and is an area of about 750 ft. Willis estimated the total cost to build such paths at Medina Park would be approximately $350,000. Bocce Court (5:08 pm) Board member Flagg gave a detailed presentation of the Bocce Court. Flagg included a handout that described the origin of the game, the rules and location of local Bocce courts. Flagg went over how a court is built and the cost to build one. A Bocce court can range anywhere from $600 to $50,000 to build, depending on how elaborate of a court you want. Park Board Minutes Page 1 April 21, 2014 61 AGENDA ITEM 8.1 Dog Agility Course (5:25 pm) Board Member Loren -Taylor exhibited a web page that showed various pieces of dog agility equipment and pictures of how a dog uses the equipment. There were items such as a small hoop jump, weave posts and a teeter-totter. Loren -Taylor explained these various types of equipment help teach dogs things such as balance and agility. She also commented that it is really fun for all that are participating. Loren -Taylor confirmed that the equipment is not mobile, but fixed. Loren -Taylor stated that the equipment can run anywhere from $299 to $2200. Chair Adam thanked everyone for their impressive presentations. He invited the Board members to discuss each one and come to an agreement of what additions they would like to see at Medina Park. After much discussion the Board agreed that they would like to have more information on both the Bocce Court and the Dog Agility Course. Board members Blazey, Martin, and Dickmann discussed driving to Les Grove Park in Auburn, WA to tour their Bocce Court. Board member Flagg will try to contact someone from the Woodland Park Bocce League. Board member Loren -Taylor will take some measurement and photos of area where the Dog Agility Course would be assembled at Medina Park. The Board agreed that, although a very nice idea, a boardwalk through the wetlands is not cost prohibitive at this time. Chair Adam asked that the Bocce Court and the Dog Agility Course be added to the May agenda. OTHER BUSINESS (5:21 pm) Picnic Shelter Ribbon Cutting Ceremony (5:56 pm) City Manager Michael Sauerwein displayed to the Board the new extra -large scissors that are to be used in the May 24, 2014 ribbon cutting ceremony and any future ribbon cutting ceremonies the City of Medina may have. Board member Dickmann agreed to be the liaison between the Board and the City regarding the coordinating of refreshments for the May 24, 2014 ribbon cutting ceremony. Assessment of April 19, 2014 Easter Egg Hunt (6:03 pm) Chair Adam passed out a draft Easter Egg Hunt Guide Line to the Board, Public Works Director Joe Willis and Deputy City Clerk Kristin McKenna. Chair Adam indicated the draft was not something that needed to be discussed tonight but he did ask that the recipients review the draft and email him with any suggestions. Chair Adam will then finalize the draft. Updated 2014 Park Board Meeting Calendar (6:05 pm) Chair Adam confirmed the date change to the Park Board meeting calendar to reflect Park Beautification Day as July 19, 2014. Action List (6:07 pm) Chair Adam confirmed the update Action List. Park Board Meeting Minutes Page 2 April 21, 2014 62 AGENDA ITEM 8.1 PARK REPORTS (6:07 pm) Fairweather — Board member Blazey reported nothing new. Board Member Flagg reported nothing new. Indian Trail — Board member Flagg reported nothing new. Board member Blazey reported nothing new. Lake Lane — Board member Blazey reported nothing new. Board member Flagg reported nothing new. Medina Beach Park — Board member Dickmann reported finding a big branch on the beach but other than that the park looks good. Chair Adam commented that the park looks good and reported nothing new. Medina Park — Board member Loren -Taylor reported the park look great. She did report her concern of a couple of dead trees. There was one dead tree in particular that was hanging low over one of the walking paths near the picnic shelter. Loren -Taylor also thanked the Public Works Department for the new hose connectors on the outdoor faucets. Board member Dickmann also commented on some smaller fallen trees around the park. Viewpoint — Board member Loren -Taylor reported nothing new. Chair Adam reported nothing new. Chair Adam stated that there was an additional $4600 received from King County for the Parks Department and wanted it noted that the funds should be used for more park projects. Chair Adam commented that the painted parking strips at the various parks are fading and need to be repainted. ADJOURNMENT The April 21, 2014 meeting of the Medina Park Board adjourned at 6:18 pm. Minutes taken by: Kristin McKenna, Deputy City Clerk Park Board Meeting Minutes Page 3 April 21, 2014 63 64 AGENDA ITEM 8.2 MAYOR MICHAEL LUIS DEPUTY MAYOR DAVID LEE COUNCIL MEMBERS PATRICK BOYD JAY DECKER JOHN MAFFEI ALEX MORCOS CURT PRYDE MEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina MONDAY, MAY 12, 2014 6:30 PM MINUTES Mayor Luis called the Executive Session to order at 5:30 p.m. CITY MANAGER MICHAEL SAUERWEIN CITY ATTORNEY KART SAND CITY CLERK AIMEE KELLERMAN Council Members Present: Boyd, Decker, Maffei, Morcos, Pryde, Lee, and Mayor Luis. Council Members Absent: None. Staff Present: Sauerwein, Sand, Grumbach and Kellerman. RCW 42.30.140 (4) To review the progress of collective bargaining negotiations; and RCW 42.30.110 (b) To consider the minimum price at which real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. Council adjourned the Executive Session to the Regular meeting in the Council Chambers at 6:15 p.m. City Council Minutes Page 1 May 12, 2014 65 AGENDA ITEM 8.2 Mayor Luis called the regular meeting to order in the Medina Council Chambers at 6:30 p.m. Council Members Present: Boyd, Decker, Maffei, Morcos, Pryde, Lee, and Mayor Luis. Council Members Absent: None. Staff Present: Sauerwein, Sand, Grumbach, Willis, Yourkoski and Kellerman. The Mayor led the Pledge. ACTION: Council Member Alex Morcos moved to amend the agenda and take up Agenda Item 9.1 prior to the City Manager's Report due to the amount of attendees for the Tree Code item. Motion by Decker second by Maffei and carried by a 7:0 vote; Council approved the meeting agenda as amended by Morcos. 4.1 None. Mayor Luis opened the public comment period at 6:31 p.m. There were no speakers. Mayor Luis closed the public comment period at 6:32 p.m. 6.1 Mayor and Council Member Reports. Mayor Luis reported that he attended the Points Mayor meeting on Wednesday, May 7 and the main topic of discussion was the 520 lid. Council Member Maffei commented on the slow progress of the lid project and asked City Manager Sauerwein to follow up with WSDOT regarding the progress. Council Member Boyd attended training on Risk Management and discussed technology as a risk to Council. He suggested to Council that if anyone receives email in their personal email about City business then it should be sent to the City Clerk for distribution to the full Council. City Council Minutes Page 2 May 12, 2014 .ly AGENDA ITEM 8.2 6.2 Commissions, Boards, and Advisory Committee Reports. Planning Commission Chair Heija Nunn welcomed new Commissioner Jeanne Carlson to the Planning Commission. Park Board Chair Miles Adam reported that the Annual Easter Egg Hunt at Medina Park on April 19 was very successful. He noted that donations of Easter eggs and candy have gone down, and asked that the Council consider adding a budget line item for this for the 2015 budget. He also noted that the ribbon cutting ceremony for the new picnic shelter at Medina Park is scheduled for May 24`" at 11:00 a.m. and invited the Council Members to attend. The following Public Hearing Agenda Item 9.1 was moved up on the agenda. 9.1 Subject: Ordinance repealing and readopting the Medina Tree Code Recommendation: Place on June 9 meeting agenda. Result of Recommended Action: Public hearing and deliberations only — pursuant to RCW 36.70A.106, adoption of ordinance cannot occur before May 30, 2014. Staff Contact: Robert Grumbach, Development Services Director Development Services Director Robert Grumbach presented on the Phase One Tree Code Update which included a summary of the current update process and policy background behind the tree code. He introduced Bob Rudolf, former Council Member, who gave a brief history of the 2003/2006 tree code updates, Tom Early, Medina Tree Consultant and Tina Cohen, City Arborist, who gave brief backgrounds on their duties with the city, and Scott Baker with Tree Solutions who gave a presentation on TRACE vs IRAQ methods for rating tree hazards. Mayor Luis opened the hearing to public testimony at 8:13 p.m. The following individuals addressed the Council: • Denise Lane read a letter from Suzanne Hutchinson disagreeing with the tree code mitigation. • David Yee expressed a dislike for the TRAQ method and suggested adopting Bellevue's Tree Code on a temporary basis. • Steve Burnstead commented on the tree code having a negative effect on property values and his feeling that the tree code has gone ballistic. • Sheree Wen voiced her concerns for tree safety. • Miles Adam commented on how an earlier council tried to find a balance between view and light and recommended following the current Phase One before proceeding with Phase Two. • Donn Foreman conveyed that property owners' dislike being told what they can do with their property. • Mark Nelson commented on previous efforts to update the tree code and a desire to preserve smaller trees as well as bigger trees. He recommended moving forward with phase one and then phase two. • Patrick Moran voiced a dislike with the tree code and the cost of removing trees. • Heija Nunn agreed with Miles Adams's comments and stated she doesn't want Medina to be the first using IRAQ in their tree code. She also expressed City Council Minutes Page 3 May 12, 2014 67 AGENDA ITEM 8.2 concerns about the cost of tree mitigation on residents with average incomes. • Kris Moran voiced displeasure with the tree code and wants people to receive as much credit as trees. • Hau Sun spoke about the number of trees on her property and the cost of removing trees. • Doug Hutson believes the tree code is too restrictive, but also wants to preserve the sylvan character of the community. • Jeff Spengler communicated that the current regulations don't make sense and wants the city to look at a different route. Mayor Luis closed the public hearing period at 9:01 p.m. Before closing the hearing, the Mayor announced that written comments could be submitted and that all of the council members would receive it. ACTION: Two actions were placed on the table for discussion: (1) Council Member Boyd suggested moving forward with the draft ordinance as presented; (2) Council Member Maffei suggested moving forward with the draft ordinance with the TRAQ changed to TRACE. After polling the council members, the mayor directed staff to move forward with the second suggestion and to place it on the June 9 meeting agenda. Additionally, staff was asked to provide a budget for support for the phase two public process, and finally the council set an objective to have the phase two update completed by the next storm season. 7.1 Department Directors: Police, Development Services, Finance, and Public Works. Council Member Boyd asked for an update on the 28th Place pedestrian bridge. Public Works Director Joe Willis reported back that the expected completion date is in June. 7.2 City Manager ACTION: Motion by Morcos second by Decker and carried by a 7:0 vote; Council approved the Consent Agenda as presented. These items will be acted upon as a whole unless called upon by a Council Member. 8.1 Subject: March 17, 2014 Park Board Meeting Minutes Recommendation: Receive and file. Staff Contact: Kristin McKenna, Deputy City Clerk 8.2 Subject: March 25, 2014 Planning Commission Minutes Recommendation: Receive and file. Staff Contact: Donna Goodman, Development Services Coordinator 8.3 Subject: April 14, 2014 Special and Regular Meeting Minutes Recommendation: Adopt. Staff Contact: Aimee Kellerman, City Clerk City Council Minutes Page 4 May 12, 2014 68 AGENDA ITEM 8.2 8.4 Subject: April, 2014 Check Register Recommendation: Approve. Staff Contact: Nancy Adams, Finance Director 8.5 Subject: Confirmation of Appointment to Medina Park and Recreation Board Recommendation: Appoint Collette McMullen. Result of Recommended Action: Action on this item will appoint Medina resident Collette McMullen to Medina's Park and Recreation Board, effective immediately. Following appointment, Collette McMullen will attend her first meeting as a Board Member on Monday, May 19. Staff Contact: Aimee Kellerman, City Clerk 8.6 Subject: Resolution Approving the Employee Wellness Program Recommendation: Adopt resolution. Result of Recommended Action: Adoption of this resolution will encourage city staff to participate in the Association of Washington Cities Wellness program and apply for future WellCity awards. If city staff is successful in completing the required standards, the City will get a 2% reduction in medical premiums for each year that staff completes the program. Staff Contact: Michael Sauerwein, City Manager 9.2 Subject: Ordinance amending R-30 and SR -30 Maximum Impervious Surface Standard Recommendation: Adopt Ordinance. Result of Recommended Action: Adoption of this ordinance will increase the maximum impervious surface within the R-30 zoning district to 52.5 percent for lots less than 30,000 square feet. Staff Contact: Robert Grumbach, Development Services Director ACTION: Mayor Luis opened the Public Hearing period at 9:46 p.m. There were no speakers. Mayor Luis closed the Public Hearing period at 9:47 p.m. ACTION: Motion by Pryde second by Morcos and carried by a 6:1 vote (Boyd dissented); Council adopted the ordinance. 10.1 Subject: Adopting New Medina Official Zoning Map Recommendation: Adopt ordinance. Result of Recommended Action: Adoption will repeal the current zoning map and adopt a new official zoning map that will adjust zoning district boundaries and rezone certain properties. Staff Contact: Robert Grumbach, Development Services Director ACTION: Motion by Morcos second by Boyd and carried a 7:0 vote; Council adopted the ordinance. City Council Minutes Page 5 May 12, 2014 69 AGENDA ITEM 8.2 10.2 Subject: Draft 2015-2020 Capital Improvement Plan and Transportation Improvement Program Recommendation: Discuss item and schedule a Public Hearing. Result of Recommended Action: Action on this item will set a public hearing at the June 9, 2014 City Council meeting to consider the 2015 through 2020 Capital Improvement Plan and Transportation Improvement Program. Staff Contact: Joe Willis, Public Works Director ACTION: Motion by Boyd second by Pryde and carried by a 7:0 vote; Council set the Public Hearing date for Monday, June 9, 2014. 10.3 Subject: City Council Calendar Recommendation: Discussion item only; no action needed. Result of Recommended Action: Council and staff review upcoming meetings and make necessary adjustments as needed. Staff Contact: Michael Sauerwein, City Manager ACTION: Council and staff discussed the City Council Calendar and Council directed staff to add the discussion of Solid Waste to the calendar. Mayor Luis opened the second Public Comment period at 9:59 p.m. The following individual addressed the Council: • Mark Nelson regarding the Capital Improvement Plan (CIP) on Evergreen Point Road and asked Council to consider doing the same sidewalk improvement on other streets in Medina • Sheree Wen regarding tree code ratings • Wilma Edmonds regarding the tree code None. Motion by Pryde second by Boyd and carried by a 7:0 vote; Council adjourned the regular meeting of the Medina City Council at 10:02 p.m. Michael Luis, Mayor Attest: Aimee Kellerman, City Clerk City Council Minutes Page 6 May 12, 2014 70 AGENDA ITEM 8.3 a a J E 0 0 m y c Y a 0 L) 0 Y n `v ti 0 °° 0 U C O_ - = O N 'O > V ❑ C ~ m O Y f al Q Q ❑ Y In ^ c u u v v p v a s o E 3 ?� o a x w E y ft -E d Y Z H - OE0 T N a a' N Y m Q a s aEi ¢ E n m o m `o a a¢ a u Ii o E o LL N u A ro a ecn v mU O a a a N O O= O 0 Y a 2 a a N N N 0 Ol al a) C Y > '£ a J J J 3 > c0 3 O J> J J m m m m •- a v aw, E E OC c O F _ In O In In In 0< 0 u0 a) ua) _ - _ 7 _ N _ LL _ _ O _ V V - _ ) _ ❑ — m _ Y 00 Y m Y O Y N N N N N N N N N N N N N N N N V N N N N V m ate+ ate+ N ate+ W ate+ n ate+ 00 00 00 ate+ M ate+ O ate+ N ate+ W N f f N f N N N N N N N N N N N N N N N N F N N N N F N F N F N F N F N F N N N F N F N F N F L Ill w N 01 Ill O Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill N N N N N N I„� N N N N N N m N O N N N O N ^ Ill Ill Ill 00 Ill Ol Ill O Ill I„I U Ill N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N In In Z N N N N N N N N N N N N N N I,, II II I,, Ill Ill Ill Ill Ill Ill 01 01 ILl ILl N N N N N N N N 00 0Np N pN N N pN J N N 0 0 L^A I^n 000 LM0 ,L La) La) 00 O 0 N ONO O ONO 0�� N LMII fmll M LLII 00 0 0000 N N V R N N V Q V R CD W W 000 0 .�-I ea•I W 000 0 mu O V O 00 00 O La) V N N 00 00 N V O 00 O N M N 0 0 0 0 O O O O N O CD M M N Ill Co co Ol CC O O N N 00 00 M M N N E N N M M 0) 01 N L 00 .-I 0 V 00 V M V N N N 00 N .-I 0 N 0 N M N N N O a O w Ol Cl 00 00 0 Ol 00 N V 00 N N N N C N N V a N in N O N O N N N O N O M N V N OO 7 O 7 00 N N O N In N N N Ill N No) M N N VT 0 N N 10*10 N N `_ N— I..j ei N .-I N N N N N N N VT VT VT N N ^ N N N a VT N rj .-1 N N ryj MI VT VT N VT N N t4 N V! 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This has been done through a combined Interlocal Agreement for both CDBG and HOME funds. The Interlocal Agreement has a three-year term, with the term of the current Interlocal Agreement through 2014. King County is the recipient of federal housing and community development funds through HUD's CDBG (Community Development Block Grant) and HOME programs. It has been the policy of King County to form urban county consortia with the cities and towns in King County outside the City of Seattle to administer these programs. At this time ARCH is asking the City to renew by adopting the 2015 - 2017 CDBG and Home Combined Interlocal Agreement. The Interlocal Agreement addresses the responsibilities, the use of funds, and general distribution of housing and community development funds for the benefit of very low to moderate -income households. ARCH is asking for this action for the following reasons: 1. The amount of federal funds from these two programs that is available through the County is impacted by having cities within the county join the consortium. When cities do not join the consortium, funds are instead allocated through the State, which rarely fund projects in King County because of King County's separate allocation process. While the funds associated with our city are relatively low, it can have the impact of essentially having those funds used in other areas of the State rather than locally. 2. Cities and residents of cities that are not members of the consortium are not eligible to utilize CDBG/HOME funds allocated through the County. Historically, a significant portion of the North/East sub -region's funds are set aside to be allocated for affordable housing through ARCH. In addition to assisting with providing affordable housing in our sub -region, all members of ARCH who are part of the CDBG/HOME Interlocal Agreement get some credit toward supporting their affordable housing goals. Attachments: 1. Letter from King County Department of Community and Human Services 2. Interlocal Agreement Regarding Community Development Block Grant Program Budget/Fiscal Impact: None. Staff Recommendation: A City Manager —.-- Approval: _____ Proposed Council Motion: Moveii a rave an Interlocal Agreement Regarding the Community Development Block Grant Program and authorize the Mayor to sign the Interlocal Agreement. _ _ mm� 79 80 ATTACHMENT 1 King County Community Services Division Housing and Community Development Department of Community and Human Services 401 5`h Avenue, Suite 510 Seattle, WA 98104 206-263-9062 FAX: 206-296-0229 TTY Relay: 711 May 14,2014 The Honorable Michael Luis, Mayor The City of Medina 501 Evergreen Point Road Medina, WA 98039 Dear Mayor Luis: I am writing to you regarding the continuing participation of your city in the King County Community Development Block Grant (CDBG) Consortium, King County HOME Investment Partnerships Program (HOME) Consortium and the Regional Affordable Housing Program (RAHP) Consortium. King County Code, Title 24, Chapter 13 (KCC 24.13) sets out the framework for King County to enter into consortia relationships through interlocal cooperation agreements to partner in the distribution and administration of funds made available through the United States Department of Housing and Urban Development (HUD), and affordable housing funds established in Section 36.22.178 of the Revised Code of Washington (RCW). Pursuant to KCC 24.13, it is the policy of King County to partner and form urban county consortia with the cities and towns in King County outside the City of Seattlel'l for the HUD -administered CDBG and HOME programs. As a member of the King County CDBG Consortium, your city will also participate with King County regarding the distribution and administration of federal Emergency Solutions Grant (ESG) funds. In addition, King County also partners with all cities and towns in King County for RAHP document recording surcharge fee funds for affordable housing, governed by RCW 36.22.178, which requires the County to enter interlocal agreements. The King County Housing and Community Development Program administers the CDBG, ESG, HOME and RAHP Consortia funds on behalf of the participating city members, and staffs the interjurisdictional Joint Recommendations Committee (JRC) of the consortia. The JRC reviews and recommends policy matters and project selections concerning consortia funds to the King County Executive. CDBG, ESG and HOME Consortium Combined Agreement Your city is eligible to participate in the Regular CDBG Consortium for 2015-2017 as you did during the last agreement period of 2012-2014. The Regular CDBG Agreement, which covers all HUD formula 111 As a large metropolitan city, Seattle receives an independent allocation of CDBG, ESG and HOME Program funds directly from HUD. 81 Michael Luis, Mayor May 14, 2014 Page 2 of 4 ATTACHMENT 1 grants received by King County on behalf of the Consortium -- CDBG, HOME and Emergency Solutions Grant (ESG) -- was renegotiated and amended as a result of several consortium -wide meetings held in 2013. If you choose to continue participation in the King County Consortium for 2015 through 2017, your city council must approve the new Regular CDBG Agreement for executive signature. The updated agreement is enclosed with this letter as Attachment A. As a unit of general local government eligible to participate in the King County CDBG/ESG/HOME Urban County Consortia, we must inform you of the following: • If your city chooses to join the King County CDBG Consortium, you are not eligible to apply for grants under the state CDBG program during the 2015-2017 term. If your city chooses to join the King County CDBG Consortium, you will automatically be a member of the King County HOME Consortium and will participate in the HOME program as a part of the King County HOME Consortium, and may only have access to the Consortium's HOME formula grant amount. This does not preclude the Consortium, or a unit of government participating in the Consortium, from applying for HOME funds from the state, if the state were to allow such an application. Benefits of Continuing Participation in the King County CDBG Consortium • Low and moderate -income homeowners in your city can apply for grants or loans to repair their homes. • Low and moderate -income residents who are homeless or at risk for homelessness may be eligible for emergency grants and/or loans to help them remain in their homes or to move into permanent housing. • Nonprofit organizations that serve residents of your city can apply for funds to acquire, construct and/or rehabilitate human service facilities or housing that serve low and moderate - income residents. • Nonprofit organizations that serve residents of your city can apply for funds for human service programs that serve low and moderate -income residents. • Your city can apply for CDBG funds for public infrastructure and park projects that serve low and moderate -income neighborhoods. • Your city can participate in the city/county staff work group that develops recommendations for the Joint Recommendations Committee on specific projects to receive CDBG funds, as well as program guidelines. Federal regulations for the CDBG program define low and moderate -income as annual household income at 80 percent or less of the area median income (AMI) for King County as established by HUD. In 2013, for example, a family of four with a household income of $64,400 or less is eligible for these programs. Michael Luis, Mayor ATTACHMENT 1 May 14, 2014 Page 3 of 4 Benefits of Continuing Participation in the King County HOME Consortium • Your city, and affordable housing developers serving your city, may apply for HOME funds to help meet locally identified affordable housing needs, including affordable rental housing and first-time homeownership programs. • Your city, and affordable housing developers serving your city, may apply for HOME funds to support the rehabilitation and preservation of affordable housing in your jurisdiction. • Your city, can participate in the city/county staff work group that develops recommendations for the inter jurisdictional Joint Recommendations Committee on specific projects to receive HOME funds, as well as program guidelines. RAHP Agreement The RAHP Agreement governs the administration of funds for housing affordable to households at or below 50 percent of AMI. The RAHP Agreement has an automatic renewal clause that allows it to renew for subsequent three-year periods, and is renewing without changes for the 2015-2017 period. The RAHP Guidelines attached to the Agreement are updated through the JRC as needed. The Guidelines will be updated this year, and staff from your city is invited to attend the meeting(s). Any cities that did not sign a RAHP agreement for 2012-2014 will have the opportunity to sign the agreement this year for the 2015-2017 period of qualification. A list of cities that did not sign the RAHP Agreement for 2012-2014 is enclosed with this letter, along with a blank RAHP Agreement to approve and sign, as needed, in Attachment B. CDBG/HOME Agreement Next Steps If your city desires to continue participation in the King County CDBG/HOME Consortia for the next three year period of 2015-2017 your city must approve and sign the enclosed Regular CDBG Agreement and does not have to respond to this letter. If your city does not desire to continue participation in the King County CDBG and HOME Consortia for 2015-2017 your city should not approve and sign the CDBG Agreement. In addition, your city must notify both King County and HUD in writing, no later than June 20, 2014, that your city does not desire to participate. A decision to be excluded from participation in the consortia would be effective for the entire three-year period of 2015-2017, unless your city were to specifically request to be included in a subsequent year for the remainder of the three-year period. If your city does not desire to continue participation, your letters indicating such must be sent to both King County and HUD at the following addresses: King County King County Housing and Community Development Program ATTN: Cheryl Markham, Program Manager 401 Fifth Avenue, Suite 510 Seattle, WA 98104-1818 83 Michael Luis, Mayor May 14, 2014 Page 4 of 4 HUD John W. Peters, Director Office of Community Planning and Development U.S. Department of Housing and Urban Development 909 First Avenue, Suite 300 Seattle, WA 98104-1000 ATTACHMENT 1 We look forward to your continued participation in the King County Consortia, and thank you for your attention to this matter. Sincerely, Cheryl Markham Program Manager CM:cm Enclosures 84 ATTACHMENT 2 INTERLOCAL COOPERATION AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into by and between King County (hereinafter the "County") and the City of , (hereinafter the "City") said parties to this Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, the federal government, through adoption and administration of the Housing and Community Development Act of 1974 (the "Act"), as amended, will make available to King County Community Development Block Grant funds, hereinafter referred to as "CDBG", for expenditure during the 2015, 2016 and 2017 funding years; and WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been designated by the United States Department of Housing and Urban Development ("HUD"), as an urban county for the purpose of receiving CDBG funds; and WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual appropriation of CDBG funds based on formula, taking into consideration the social and economic characteristics of the urban county; and WHEREAS, the Act allows participation of units of general government within an urban county in undertaking activities that further the goals of the CDBG program within the urban county; and WHEREAS, the CDBG Regulations require the acceptance of the King County Consortium Consolidated Housing and Community Development Plan ("Consolidated Plan") by participating jurisdictions; and WHEREAS, King County is responsible to the federal government for all activities undertaken with CDBG funds and shall ensure that all CDBG assurances and certifications King County is required to submit to HUD with the Annual Action Plan are met; and WHEREAS, King County and the participating jurisdictions agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by the National Affordable Housing Act of 1990, as amended, 42 USC 12701 et. seq. and 24 CFR Part 92 for purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME Program", and to cooperate in undertaking HOME Program activities; and WHEREAS, King County and the participating jurisdictions agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, for purposes of Regular CDBGIHOME biterlocal I of 12 2015 — 201785 ATTACHMENT 2 the Emergency Solutions Grant Program, hereinafter referred to as "ESG", and to cooperate in undertaking ESG activities; and WHEREAS, King County shall undertake CDBG. ESG and HOME Program -funded activities in participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other qualifying entities to carry out such activities; and WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG, ESG and HOME Program funds to ensure benefit for very low to moderate -income persons as defined by HUD; and WHEREAS, King County and the participating jurisdictions recognize that needs of very low to moderate -income persons may cross jurisdictional boundaries and therefore can be considered regional and sub -regional needs as well as local needs; and WHEREAS, King County, in conjunction with the participating jurisdictions, must submit an Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and WHEREAS, the purpose of this Interlocal Cooperation Agreement, entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is to form an urban county consortium, ("Consortium"), for planning the distribution and administration of CDBG, ESG, HOME Program, and other federal funds received on behalf of the Consortium from HUD, and for execution of activities in accordance with and under authority of the Act: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT The County and City agree to cooperate to undertake, or assist in undertaking, activities which further the development of viable urban communities, including community renewal and lower -income housing assistance activities, funded from annual CDBG, ESG and HOME Program funds from federal fiscal years 2015, 2016 and 2017 appropriations, from recaptured funds and from any program income generated from the expenditure of such funds. These activities include the provision of decent housing, homeless assistance, and a suitable living environment and economic development opportunities, principally for persons with very low to moderate incomes. II. DEFINITIONS A. "JRC" means the inter jurisdictional Joint Recommendations Committee as described in Section V of this Agreement. B. "CDBG Consortium Partners" means jurisdictions that are official HUD - recognized participants in the CDBG Consortium through a signed Interlocal Agreement. Regular CDBGIHOME Interlocal 2 of 12 2015 - 201786 ATTACHMENT 2 C. "Consolidated Plan" is the King County Consortium Consolidated Housing and Community Development Plan, a HUD -required plan that identifies needs and contains a strategic plan to guide the investment of HUD CDBG, HOME and ESG funds for a multi -year period not to exceed five years. III. GENERAL DISTRIBUTION OF FUNDS The distribution of CDBG and HOME Program funds for the King County urban county Consortium shall he governed by the provisions below. Planning and Administration A. The Administrative and Planning Set -asides for the CDBG and the HOME Programs, to be reserved by the County to meet the County's responsibility to meet all HUD requirements for planning and administration, shall be the maximum allowable by HUD [currently twenty (20) percent of the CDBG funds available from the annual entitlement and twenty (20) percent of program income, and ten (10) percent of the HOME Program funds available from the annual entitlement and ten (10) percent of program income]. If the current percentages for CDBG and/or HOME administration and planning are changed at the federal level, the Consortium may allow the percentage retained by the County to change, following review and recommendation by the Joint Recommendations Committee ("JRC"), as provided in Section V, and approval by the Metropolitan King County Council, as provided in Section VI. Public/Human Services B. The Human Services Set -aside of CDBG shall be the maximum allowable by HUD for human services [currently fifteen (15) percent of the funds available from the CDBG annual entitlement and fifteen (15) percent of program income]. The Human Services Set -aside, including Housing Stability homeless prevention activities and other homeless activities, shall be determined by the CDBG Consortium Partners and approved by the JRC in the Consortium's most current Consolidated Housing and Community Development Plan. Housing Repair C. The Housing Repair Program Set -aside shall be twenty (20) percent of the funds available from the CDBG entitlement and twenty (20) percent of program income (this percentage is discretionary and not required or limited by HUD). The JRC may periodically review and recommend increases or decreases to this percentage if, in its judgment, there has been a substantial change in the Consortium's overall funding or need for housing repair that justifies an increase or decrease. Remaining Capital Funding D. The remaining entitlement and program income funds, as well as any recaptured or prior year funds, shall be divided into two separate funds for the two sub- regions of the county: 1) north/east sub -region; and 2) south sub -region. The percentage split between the two funds shall be equal to the percentage of low to moderate -income population represented by each sub -region. Each sub -region Regular CDBG/HOME Interlocal 3 of 12 2015 - 201787 ATTACHMENT 2 may propose funding priorities and allocate portions of the sub -region's funds to such priorities for separate competitive processes. Such competitive processes must he for eligible activities that are consistent with the King County Consortium Consolidated Housing and Community Development Plan. A sub -region may also elect to allocate additional funds to the Consortium's Housing Repair Program for the benefit of residents of the sub -region. The north/east sub -region shall include those cities in the north and east and those portions of unincorporated King County that lie north of Interstate 90. The cities of Mercer Island, Newcastle, Issaquah, and North Bend, which are at or near the Interstate 90 border, along with their designated potential annexation areas, also shall be included in the north/east sub -region. 2. The south sub -region shall include those cities south of Interstate 90 and those portions of unincorporated King County that lie south of Interstate 90, except for the cities of Mercer Island, Newcastle, Issaquah, and North Bend and their potential annexation areas, which are part of the north/east sub -region. 3. The formula for dividing the funds between the two sub -regions shall be based on each sub -region's share of the Consortium's low to moderate - income population. CDBG Guidelines to Address Programmatic Details: E. The CDBG Consortium Partners may propose King County Consortium CDBG, ESG and HOME Guidelines, for approval by the JRC, to guide the Consortium regarding details of program implementation, including, but not limited to, funding guidelines, frequency of application processes, Consortium procedures and goals for geographic equity in the distribution of funds over time. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds shall be used to support the goals, objectives and strategies of the King County Consortium Consolidated Housing and Community Development Plan. B. Funds shall be used in accordance with the CDBG regulations at 24 CFR Part 570, ESG regulations at 24 CFR Part 576, Home Program regulations at 24 CFR Part 92, and all other applicable federal regulations. V. JOINT RECOMMENDATIONS COMMITTEE An inter -jurisdictional Joint Recommendations Committee ("JRC") was established through the 2009 - 2011 CDBG/HOME Consortium Interlocal Cooperation Agreement and through King County Code Chapter 24.13, and is hereby adopted as part of this Agreement. A. Composition —The JRC for the CDBG/ESG/HOME Consortium shall be composed of three county representatives and eight cities representatives. Regular CDBG/HOME Interlocal 4 of 12 2015 - 2018 ATTACHMENT 2 The three county representatives shall he King County Executive staff with broad policy responsibilities and/or department directors. County representatives shall he specified in writing and, where possible, shall he consistently the same persons from meeting to meeting. 2. Four of the cities representatives shall be from those cities signing this interlocal cooperation agreement, two from each sub -region. The remaining four cities representatives shall be from cities that qualify to receive CDBG entitlement funds directly from HUD and that are not signing this agreement, but are signing either Joint Agreements or HOME Program -only agreements. These latter four representatives shall have no vote on matters specific to the jurisdictions that are parties to this Agreement. 4. The chairperson and vice -chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members of the entire body of eleven members of the JRC for the CDBG/HOME Consortium shall constitute a quorum for voting matters in which all members of the JRC are eligible to vote. For voting items of the Regular CDBG Consortium, in which only seven members may vote (those identified in sub -sections 1 and 2 of this section),•four members shall constitute a quorum, made up of two King County representatives and two city representatives. B. Appointments —The King County Executive shall appoint the three county representatives. The participating cities shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Sound Cities Association or other agreed -upon mechanism for the execution of shared appointing authority. The Sound Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this Agreement, two from the north/east sub -region and two from the south sub- region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. C. Powers and Duties —The JRC shall be empowered to: 1. Review and recommend to the King County Executive all policy matters concerning the Consortium CDBG, ESG and HOME Program, including but not limited to the Consolidated Plan and related plans and policies. 2. Review and recommend to the King County Executive the projects and programs to be undertaken with CDBG funds, ESG funds and HOME Program funds, including the Administrative Set -aside. Regular CDBG/HOME Interlocal 5 of 12 2015 _201789 ATTACHMENT 2 3. Monitor and ensure that all geographic areas and actively participating jurisdictions benefit from CDBG, ESG and HOME Program funded activities over time, so far as is feasible considering eligible applications submitted within the goals, objectives and -strategies of the Consolidated Plan: I) there is equity in distribution of funds pursuant to proportion of the region's low to moderate -income population; and, 2) equity is achieved over time pursuant. to Consortium Guidelines adopted by the JRC to the extent feasible. D. Advisory Committees to JRC—ln fulfilling its duty to review and recommend projects and programs to be undertaken with the CDBG, ESG and HOME Program funds, the JRC shall consider the advice of sub -regional inter - jurisdictional advisory committees. Sub -regional advisory committees, made up of one representative from each participating jurisdiction in a sub -region that wishes to participate, shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that sub -region. The JRC may also solicit recommendations from other inter jurisdictional housing and community development committees. VI. RESPONSIBILITIES AND POWERS OF KING COUNTY A. Notwithstanding any other provision contained in this Agreement, the County as the applicant and grantee for CDBG, ESG and HOME Program funds has responsibility for and assumes all obligations in the execution of the CDBG, ESG and HOME Programs, including final responsibility for selecting and executing activities, and submitting to HUD the Consolidated Plan, Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. B. The Metropolitan King County Council shall have authority and responsibility for all policy matters, including the Consolidated Plan, upon review and recom- mendation by the JRC. C. The Metropolitan King County Council shall have authority and responsibility for all fund allocation matters, including approval of the annual CDBG, ESG and HOME Program Administrative Set -asides and appropriation of all CDBG, ESG and HOME Program funds. D. The King County Executive, as administrator of the CDBG, ESG and HOME Programs, shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. The King County Executive shall have the authority and responsibility to staff the JRC and provide liaison between HUD and the urban county Consortium. County Regular CDBG/HOME Interlocal 6 of 12 2015 - 201790 ATTACHMENT 2 Executive staff shall prepare and present to the JRC evaluation reports or recommendations concerning specific proposals or policies, and any other material deemed necessary by the JRC to help it fulfill its powers and duties in IV. C., above. G. King County Executive staff shall have the authority and responsibility to communicate and consult with participating jurisdictions on CDBG, ESG and HOME Program policy and program matters in a timely manner. H. King County Executive staff shall have the authority and responsibility to convene sub -regional advisory committees made up of representatives from participating jurisdictions in the sub -region to advise the JRC on the allocation of the sub - regional funds. I. King County Executive staff shall provide periodic reports on clients served by jurisdictions in the Housing Stability and Housing Repair programs and on the status of CDBG, ESG and HOME Program funded projects and make them available to all participating jurisdictions and the JRC. J. King County Executive staff shall solicit proposals, administer contracts, and provide for technical assistance, both in the development of viable CDBG, ESG and HOME Program proposals and in complying with CDBG, ESG and HOME Program contractual requirements. K. King County shall have environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdiction or contractor to furnish data, information, and assistance for King County's review and assessment in determining whether an Environmental Impact Statement is required. L. King County, as the official applicant, shall have the authority and responsibility to ensure that any property acquired or assisted with CDBG funds or HOME Program funds is disposed of or used in accordance with federal regulations. VII. RESPONSIBILITIES OF THE PARTICIPATING CITIES A. All participating cities shall cooperate in the development of the Consolidated Plan and related plans. B. All participating cities shall assign a staff person to be the primary contact for the County on CDBG, ESG and HOME Program issues. The assigned CDBG, ESG and HOME Program contact person is responsible for communicating relevant information to others at the participating city, including any representative the city may choose to send to the sub -regional advisory committee, if that representative is not the CDBG, ESG and HOME Program contact person. C. At its discretion, a participating city may assign a representative to attend meetings of the sub -regional advisory committee. This representative may or may not be the City's CDBG, ESG and HOME Program contact person. It may be the CDBG, ESG and HOME Program contact person, a different staff member, an elected official, or a citizen. Regular CDBG/HOME llnterlocal 7 of 12 2015 - 201'91 ATTACHMENT 2 1). If and when a participating city deems necessary or advisable, it may prepare applications for CDBG or HOME Program funds to address the needs of its residents, consistent with the Consolidated Plan. E. Each participating city shall obtain its council's authorization for any CDBG or HOME Program application submitted. F. All participating cities shall carry out CDBG or HOME Program funded projects in a manner that is timely and consistent with contractual requirements. G. All participating cities owning community facilities or other real property acquired or improved in whole or in part with CDBG or HOME Program funds shall comply with use restrictions as required by HUD and as required by any relevant policies adopted by the JRC. During the period of the use restriction, the participating cities shall notify King County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG or HOME Program funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement, including disposition. 2. During the period of the use restriction, if the property acquired or improved with CDBG or HOME Program funds is sold or transferred for a use which does not qualify under the applicable regulations, the participating city shall reimburse King County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of funds other than CDBG or HOME Program funds). VIII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS A. All participating jurisdictions shall be considered to be those jurisdictions that have signed this Agreement. B. All participating jurisdiction shall fulfill to the County's reasonable satisfaction all relevant requirements of federal laws and regulations that apply to King County as applicant, including assurances and certifications described in Section VIII below. C. Each participating jurisdiction or cooperating unit of general local government certifies that it has adopted and is enforcing: 1. A policy that prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and 2. A policy that enforces applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of non-violent civil rights demonstrations within jurisdiction. D. Pursuant to 24 CFR 570.501(b), all participating units of local governments are subject to the same requirements applicable to sub -recipients when they receive CDBG funds to implement an activity. The applicable requirements include, but Regular CDBG/HOME Interlocal 8 of 12 2015 _201792 ATTACHMENT 2 are not limited to, a written agreement with the County that complies with 24 CFR 570.503 and includes provisions not limited to: statement of work; records and reports; program income; uniform administrative items; other program requirements; conditions for religious organizations; suspension and termination; and reversion of assets. E. All participating units of local government understand that they may not apply for grants from appropriations under the federal Small Cities or State CDBG Programs during the period in which they participate in this Agreement. F. All participating units of local government understand that they may not sell, trade or otherwise transfer all or any portion of the urban county consortium CDBG funds to another metropolitan city, urban county unit of general local government, Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under Title I of the Act. G. All units of local government participating in the CDBG urban county consortium through this interlocal cooperation agreement understand that they are also part of the urban county for the HOME Program and that they may not participate in a HOME Program consortium except through the urban county, regardless of whether the urban county receives a HOME formula allocation; and also understand that they are part of the urban county for the ESG Program and may only receive a formula allocation for ESG through the urban county consortium. H. All participating units of local government hereby agree to affirmatively further fair housing and to ensure that no CDBG or HOME Program funds shall be expended for activities that do not affirmatively further fair housing within its jurisdiction or that impede the County's actions to comply with its fair housing certification. For purposes of this section, "affirmatively furthering fair housing" includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section VI.A. of this Agreement, upon request, the City shall provide assistance to the County in preparing such reports. All participating units of local government acknowledge that the urban county consortium is prohibited from funding activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification. I. Participating jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement shall retain full civil and criminal liability as though these funds were locally generated. Regular CDBG/HOME Interlocal 9 of 12 2015 -201 ATTACHMENT 2 Participating jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. IX. GENERAL TERMS A. This Agreement shall extend through the 2015, 2016 and 2017 program years, and shall remain in effect until the CDBG funds, ESG funds, Home Program funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. This Agreement shall he automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice that it wishes to amend this Agreement or elects not to participate in the new qualification period by the date set forth by the United States Department of Housing and Urban Development (HUD) in subsequent Urban County Qualification Notices. By the date specified in HUD's Urban County Qualification Notice for the next qualification period, King County will notify each participating city in writing of its right not to participate, and a copy of King County's written notification will he sent to HUD by the date specified in the urban county qualification schedule. Each party to this Agreement must adopt amendments necessary to meet the requirements for cooperation agreements as set forth in the Urban County Qualification Notice applicable for a subsequent three- year county qualification period, and to submit such amendment to HUD, as provided in the notice. Failure to comply with the notice will void the automatic renewal for such qualification period. B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no included unit of general local government may terminate or withdraw from the cooperation agreement while it remains in effect. C. It is understood that by signing this Agreement, the City shall agree to comply with the policies, goals, objectives and strategies of the King County Consortium Consolidated Housing and Community Development Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, (Title III of the Civil Rights Act), the Fair Housing Act as amended, affirmatively furthering fair housing, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, which incorporates Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and other applicable laws. E. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD, one shall be filed with the City and one shall be filed with the County. Prior Regular CDBG/HOME Interlocal 10 of 12 2015- 201794 ATTACHMENT 2 to its taking effect, the fully executed Agreement shall he filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. F. It is recognized that amendment to the provisions of this Agreement may be appropriate, and such amendment shall take place when the parties to this Agreement have executed a written amendment to this Agreement. Regular CDBG/HOME Interlocal I I of 12 2015 - 201 -P5 ATTACHMENT 2 G. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON CITY OF for King County Executive Adrienne Quinn Printed Name Director, Department of Community and Human Services Title Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY By: Signature Printed Name Title Date Approved as to Form: CITY OF CITY ATTORNEY City Attorney ATTEST: CITY OF City Clerk Regular CDBG/HOME Interlocal 12 of 12 2015 - 2016 Medina City Council Meeting June 9, 2014 AGENDA BILL AGENDA ITEM 8.5 Subject: Local Government Investment Pool (LGIP) Resolution Category: ® Consent ❑ Ordinance ❑ Public Hearing 9 ❑ City Council Business ® Resolution ❑ Other — Discussion Prepared By: Nancy Adams, Director of Finance Summary: The City of Medina participates in the State of Washington Local Government Investment Pool (LGIP). The State of Washington Office of the Treasurer created a prospectus for the Local Government Investment Pool which was distributed to each jurisdiction who participates in the LGIP. This resolution is basically a "housekeeping item" to satisfy the State Treasurer's requirement to ensure that the entities utilizing the LGIP are aware of the investment pool, as well as the risks and limitations of investing in the LGIP. Background: The LGIP is a voluntary investment vehicle operated by the State Treasurer. Over 530 local governments have participated in the pool since it was created in 1986. The LGIP allows governments to use the State Treasurer's resources to safely invest funds and yield economies of scale available from a pooled fund investment portfolio of $7-11 billion. The LGIP's investment objectives are in priority order: 1) safety, 2) liquidity, 3) competitive interest rate, 4) yield. The most current Financial Policies of the City, adopted by City Council in 2010, name the LGIP as the preferred investment option for the City. If the City Manager and City Council wish to update the Financial Policy to include other investment options, this would be a separate action other than the LGIP resolution attached, which merely allows the City to participate in the Local Government Investment Pool of the State of Washington. The purpose of the LGIP resolution is to provide for an updated resolution as of June 30, 2014, acknowledging that the governing body (and any designee appointed by the governing body who has authority to contribute or withdraw funds of the government entity) has received and read a copy of the prospectus and understands the risks and limitations of investing in the LGIP. The resolution also addresses delegation of authority on behalf of the entity and stipulates that delegates who have been terminated shall not be permitted to make further contributions or withdrawals on behalf of the entity. Adoption of the resolution is mandatory if the entity wants to continue to invest funds through participation in the State of Washington Local Government Investment Pool. i�74 Medina City Council Meeting June 9, 2014 Attachment: AGENDA ITEM 8.5 Resolution authorizing Investment of City of Medina monies in the Local Government Investment Pool — including Exhibit A Prospectus and Exhibit B LGIP Transaction Authorization Form. "I move to appfove the State of Washington Local Government Investment Proposed Pool Resolution, authorizing the City to invest and withdraw government entity Council Motion: monies in the LGIP, in the manner prescribed by law, rule and prospectus." RESOLUTION NO. RESOLUTION OF THE CITY OF MEDINA, WASHINGTON AUTHORIZING INVESTMENT OF CITY OF MEDINA MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL WHEREAS, pursuant to Chapter 294, Laws of 1986, the Legislature created a trust fund to be known as the public funds investment account (commonly referred to as the Local Government Investment Pool (LGIP)) for the contribution and withdrawal of money by an authorized governmental entity for purposes of investment by the Office of the State Treasurer; and WHEREAS, from time to time it may be advantageous to the authorized governmental entity, the City of Medina, the "governmental entity", to contribute funds available for investment in the LGIP; and WHEREAS, the investment strategy for the LGIP is set forth in its policies and procedures; and WHEREAS, any contributions or withdrawals to or from the LGIP made on behalf of the governmental entity shall be first duly authorized by the Medina City Council, the "governing body" or any designee of the governing body pursuant to this resolution or a subsequent resolution; and WHEREAS, the governmental entity will cause to be filed a certified copy of said resolution with the Office of the State Treasurer; and WHEREAS, the governing body and any designee appointed by the governing body with authority to contribute or withdraw funds of the governmental entity has received and read a copy of the prospectus Exhibit A and understands the risks and limitations of investing in the LGIP; and WHEREAS, the governing body attests by the signature of its members that it is duly authorized and empowered to enter into this agreement, to direct the contribution or withdrawal of governmental entity monies, and to delegate certain authority to make adjustments to the incorporated transactional forms, to the individuals designated herein. NOW THEREFORE, BE IT RESOLVED, that the governing body does hereby authorize the contribution and withdrawal of governmental entity monies in the LGIP in the manner prescribed by law, rule, and prospectus. BE IT FURTHER RESOLVED, that the governing body has approved the Local Government Investment Pool Transaction Authorization Form (Form) Exhibit B as completed by the City of Medina and incorporates said form into this resolution by reference and does hereby attest to its accuracy. BE IT FURTHER RESOLVED, that the governmental entity designates the City Manager of the City of Medina, the "authorized individual" to authorize all amendments, changes, or alterations to the Form or any other documentation including the designation of other individuals to make contributions and withdrawals on behalf of the governmental entity. Resolution No. _ Page 1 of 2 99 BE IT FURTHER RESOLVED, that this delegation ends upon the written notice, by any method set forth in the prospectus, of the governing body that the authorized individual has been terminated or that his or her delegation has been revoked. The Office of the State Treasurer will rely solely on the governing body to provide notice of such revocation and is entitled to rely on the authorized individual's instructions until such time as said notice has been provided. BE IT FURTHER RESOLVED, that the Form as incorporated into this resolution or hereafter amended by delegated authority, or any other documentation signed or otherwise approved by the authorized individual shall remain in effect after revocation of the authorized individual's delegated authority, except to the extent that the authorized individual whose delegation has been terminated shall not be permitted to make further withdrawals or contributions to the LGIP on behalf of the governmental entity. No amendments, changes, or alterations shall be made to the Form or any other documentation until the entity passes a new resolution naming a new authorized individual; and BE IT FURTHER RESOLVED, that the governing body acknowledges that it has received, read, and understood the prospectus as provided by the Office of the State Treasurer (Exhibit A). In addition, the governing body agrees that a copy of the prospectus will be provided to any person delegated or otherwise authorized to make contributions or withdrawals into or out of the LGIP and that said individuals will be required to read the prospectus prior to making any withdrawals or contributions or any further withdrawals or contributions if authorizations are already in place. PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA, AT A REGULAR OPEN MEETING, ON THIS 9TH DAY OF JUNE, 2014. Mayor Michael Luis Approved as to form: Kari Sand, City Attorney Kenyon Disend, PLLC Attest: Aimee Kellerman, City Clerk Resolution No. _ Page 2 of 2 100 EXHIBIT A LOCAL GOVERNMENT INVESTMENT POOL Prospectus January 2014 James L. McIntire Washington State Treasurer EXHIBIT A Contents The LGIP Local Government Investment Pool — Money Market Fund III. Management 3-4 4-9 IV. Miscellaneous 9-10 iII EXHIBIT A The LGIP The Local Government Investment Pool (the "LGIP") is an investment pool of public funds placed in the custody of the Office of the Washington State Treasurer (the "State Treasurer") for investment and reinvestment as defined by RCW 43.250.020. The purpose of the LGIP is to allow eligible governmental entities to participate with the state in the investment of surplus public funds, in a manner that optimizes liquidity and return on such funds. In establishing the LGIP, the legislature recognized that not all eligible governmental entities are able to maximize the return on their temporary surplus funds, and therefore it provided a mechanism whereby they may, at their option, utilize the resources of the State Treasurer to maximize the potential of their surplus funds while ensuring the liquidity of those funds. The State Treasurer has established a sub -pool within the LGIP whose shares are offered by means of this Prospectus: The LGIP-Money Market Fund (the "LGIP-MMF" or the "Fund"). The State Treasurer has the authority to establish additional sub -pools in the future. The Fund offered in this Prospectus seeks to provide current income by investing in high -quality, short term money market instruments. These standards are specific to the Fund, as illustrated in the following table. The LGIP-MMF offers daily contributions and withdrawals. FUND SNAPSHOT The table below provides a summary comparison of the Fund's investment types and sensitivity to interest rate risk. This current snapshot can be expected to vary over time. LGIP-Money Market Fund Current Investments (as of November 1, 2013) Fees and Expenses Cash Bank Deposits US Treasury bills Repurchase agreements US Government agency obl 60 days Administrative Fee. The State Treasurer charges pool participants a fee representing administration and recovery costs associated with the operation of the Fund. The administrative fee accrues daily from pool participants' earnings prior to the earnings being posted to their account. The administrative fee will be paid monthly. In the event that there are no earnings, the administrative fee will be deducted from principal. The chart below illustrates the operating expenses of the LGIP-MMF for past years, expressed in basis points as a percentage of fund assets. 103 EXHIBIT A Local Government Investment Pool-MMF Operating Expenses by Fiscal Year (in Basis Points) 2006 2007 2008 2009 2010 2011 2012 2013 Total Operating Expenses 1.12 0.96 0.84 0.88 0.64 0.81 0.68 0.87 (1 basis point -0.01%) Because most of the expenses of the LGIP-MMF are fixed costs, the fee (expressed as a percentage of fund assets) will be affected by: (i) the amount of operating expenses; and (ii) the assets of the LGIP-MMF. The table below shows how the fee (expressed as a percentage of fund assets) would change as the fund assets change, assuming an annual fund operating expenses amount of $800,000. Fund Assets $6.0 bn $8.0 bn $10.0 bn Total Operating Expenses (in Basis Points) 1.33 1.0 .80 Portfolio Turnover: The Fund does not pay a commission or fee when it buys or sells securities (or "turns over" its portfolio). However, debt securities often trade with a bid/ask spread. Consequently, a higher portfolio turnover rate may generate higher transaction costs that could affect the Fund's performance. II. Local Government Investment Pool - Money Market Fund Investment Objective The LGIP-MMF will seek to effectively maximize the yield while maintaining liquidity and a stable share price of $1. Principal Investment Strategies The LGIP-MMF will seek to invest primarily in high -quality, short term money market instruments. Typically, at least 55% of the Fund's assets will be invested in US government securities and repurchase agreements collateralized by those securities. The LGIP-MMF means a sub -pool of the LGIP whose investments will primarily be money market instruments. The LGIP-MMF will only invest in eligible investments permitted by state law. The LGIP-MMF will not be an SEC -registered money market fund and will not be required to follow SEC Rule 2a-7. Investments of the LGIP-MMF will conform to the LGIP Investment Policy, the most recent version of which will be posted on the LGIP website and will be available upon request. Principal Risks of Investing in the LGIP-Money Market Fund Counterparty Credit Risk. A party to a transaction involving the Fund may fail to meet its obligations. This could cause the Fund to lose the benefit of the transaction or prevent the Fund from selling or buying other securities to implement its investment strategies. Interest Rate Risk. The LGIP-MMF's income may decline when interest rates fall. Because the Fund's income is based on short-term interest rates, which can fluctuate significantly over short periods, income risk is expected to be high. In addition, interest rate increases can cause the price of a debt security to decrease and even lead to a loss of principal. 4 104 EXHIBIT A Liquidity Risk. Liquidity risk is the risk that the Fund will experience significant net withdrawals of Fund shares at a time when it cannot find willing buyers for its portfolio securities or can only sell its portfolio securities at a material loss. Management Risk. Poor security selection or an ineffective investment strategy could cause the LGIP-MMF to underperform relevant benchmarks or other funds with a similar investment objective. Issuer Risk. The LGIP-MMF is subject to the risk that debt issuers and other counterparties may not honor their obligations. Changes in an issuer's credit rating (e.g., a rating downgrade) or the market's perception of an issuer's creditworthiness could also affect the value of the Fund's investment in that issuer. The degree of credit risk depends on both the financial condition of the issuer and the terms of the obligation. Also, a decline in the credit quality of an issuer can cause the price of a money market security to decrease. Securities Lending Risk and Reverse Repurchase Agreement Risk. The LGIP-MMF may engage in securities lending or in reverse repurchase agreements. Securities lending and reverse repurchase agreements involve the risk that the Fund may lose money because the borrower of the Fund's securities fails to return the securities in a timely manner or at all or the Fund's lending agent defaults on its obligations to indemnify the Fund, or such obligations prove unenforceable. The Fund could also lose money in the event of a decline in the value of the collateral provided for loaned securities or a decline in the value of any investments made with cash collateral. Risks Associated with use of Amortized Cost. The use of amortized cost valuation means that the LGIP-MMF's share price may vary from its market value NAV per share. In the unlikely event that the State Treasurer were to determine that the extent of the deviation between the Fund's amortized cost per share and its market -based NAV per share may result in material dilution or other unfair results to shareholders, the State Treasurer may cause the Fund to take such action as it deems appropriate to eliminate or reduce to the extent practicable such dilution or unfair results. An investment in the LGIP-MMF is not a bank deposit and is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although the Fund seeks to preserve the value of investments at $1 per share, pool participants could lose money by investing in the LGIP-MMF. There is no assurance that the LGIP-MMF will achieve its investment objective. Performance The following information is intended to address the risks of investing in the LGIP-MMF. The information illustrates changes in the performance of the LGIP-MM F's shares from year to year. Returns are based on past results and are not an indication of future performance. Updated performance information may be obtained on our website at www.tre.wo.gov or by calling the LGI P toll -free at 800-331-3284. Wil EXHIBIT A Fiscal Year -by -Year Returns: Net Yield Local Government Investment Pool 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% -1.00% -2.00% -3.00% 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 5.21% 4.14% 4.04% 2.13% ° ° 1,05% Local Government Investment Pool -Money Market Fund Average Accrued Net Yield 1 Year 3 years 5 years 10 years 0.17% 0.19% .52% 1.94% Transactions: LGIP-MMF General Information The minimum transaction size (contributions or withdrawals) for the LGIP-MMF will be five thousand dollars. The State Treasurer may, in its sole discretion, allow for transactions of less than five thousand dollars. Valuing Shares The LGIP-MMF will be operated using a net asset value (NAV) calculation based on the amortized cost of all securities held such that the securities will be valued at their acquisition cost, plus accrued income, amortized daily. The Fund's NAV will be the value of a single share. NAV will normally be calculated as of the close of business of the NYSE, usually 4:00 p.m. Eastern time. If the NYSE is closed on a particular day, the Fund will be priced on the next day the NYSE is open. EXHIBIT A NAV will not be calculated and the Fund will not process contributions and withdrawals submitted on days when the Fund is not open for business. The time at which shares are priced and until which contributions and withdrawals are accepted is specified below and may be changed as permitted by the State Treasurer. To the extent that the LGIP-MMF's assets are traded in other markets on days when the Fund is not open for business, the value of the Fund's assets may be affected on those days. In addition, trading in some of the Fund's assets may not occur on days when the Fund is open for business. Transaction Limitation The State Treasurer reserves the right at its sole discretion to set a minimum and/or maximum transaction amount from the LGIP-MMF and to limit the number of transactions, whether contribution, withdrawal, or transfer permitted in a day or any other given period of time. The State Treasurer also reserves the right at its sole discretion to reject any proposed contribution, and in particular to reject any proposed contribution made by a pool participant engaged in behavior deemed by the State Treasurer to be abusive of the LGIP-MMF. A pool participant may transfer funds from one LGIP-MMF account to another subject to the same time and contribution limits as set forth in WAC 210.10.060. Contributions Pool participants may make contributions to the LGIP-MMF on any business day. All contributions will be effected by electronic funds transfer to the account of the LGIP-MMF designated by the State Treasurer. It is the responsibility of each pool participant to pay any bank charges associated with such electronic transfers to the State Treasurer. Failure to wire funds by a pool participant after notification to the State Treasurer of an intended transfer will result in penalties. Penalties for failure to timely wire will be assessed to the account of the pool participant responsible. Notice. To ensure same day credit, a pool participant must inform the State Treasurer of any contribution over one million dollars no later than 9 a.m. on the same day the contribution is made. Contributions for one million dollars or less can be requested at any time prior to 10 a.m. on the day of contribution. For all other contributions over one million dollars that are requested prior to 10 a.m., a pool participant may receive same day credit at the sole discretion of the State Treasurer. Contributions that receive same day credit will count, for earnings rate purposes, as of the day in which the contribution was made. Contributions for which no notice is received prior to 10:00 a.m. will be credited as of the following business day. Notice of contributions may be given by calling the Local Government Investment Pool (800-331-3284) OR by logging on to State Treasurer's Treasury Management System ("TMS"). Please refer to the LGIP-MMF Operations Manual for specific instructions regarding contributions to the LGIP-MMF. Direct deposits from the State of Washington will be credited on the same business day. Pricing. Contribution requests received in good order will receive the NAV per unit of the LGIP-MMF next determined after the order is accepted by the State Treasurer on that contribution date. Withdrawals Pool participants may withdraw funds from the LGIP-MMF on any business day. Each pool participant shall file with the State Treasurer a letter designating the financial institution at which funds withdrawn from the LGIP-MMF shall be deposited (the "Letter"). This Letter shall contain the name of the financial institution, the location of the financial institution, the account name, and the account number to which funds will be deposited. This Letter shall be signed by local officials authorized to receive and disburse funds, as described in WAC 210-10-020. 11171 EXHIBIT A Disbursements from the LGIP-MMF will be effected by electronic funds transfer. Failure by the State Treasurer to wire funds to a pool participant after proper notification to the State Treasurer to disburse funds to a pool participant may result in a bank overdraft in the pool participant's bank account. The State Treasurer will reimburse a pool participant for such bank overdraft penalties charged to the pool participant's bank account. Notice. In order to withdraw funds from the LGIP-MMF, a pool participant must notify the State Treasurer of any withdrawal over one million dollars no later than 9 a.m. on the same day the withdrawal is made. Withdrawals for one million dollars or less can be requested at any time prior to 10 a.m. on the day of withdrawal. For all other withdrawals from the LGIP-MMF over one million dollars that are requested prior to 10 a.m., a pool participant may receive such withdrawal on the same day it is requested at the sole discretion of the State Treasurer. No earnings will be credited on the date of withdrawal for the amounts withdrawn. Notice of withdrawals may be given by calling the Local Government Investment Pool (800-331-3284) OR by logging on to TMS. Please refer to the LGIP-MMF Operations Manual for specific instructions regarding withdrawals from the Fund. Pricing. Withdrawal requests with respect to the LGIP-MMF received in good order will receive the NAV per unit of the LGI P-MMF next determined after the order is accepted by the State Treasurer on that withdrawal date. Suspension of Withdrawals. If the State Treasurer has determined that the deviation between the Fund's amortized cost price per share and the current net asset value per share calculated using available market quotations (or an appropriate substitute that reflects current market conditions) may result in material dilution or other unfair results, the State Treasurer may, if it has determined irrevocably to liquidate the Fund, suspend withdrawals and payments of withdrawal proceeds in order to facilitate the permanent termination of the Fund in an orderly manner. The State Treasurer will distribute proceeds in liquidation as soon as practicable, subject to the possibility that certain assets may be illiquid, and subject to subsequent distribution, and the possibility that the State Treasurer may need to hold back a reserve to pay expenses. The State Treasurer also may suspend redemptions if the New York Stock Exchange suspends trading or closes, if US bond markets are closed, or if the Securities and Exchange Commission declares an emergency. If any of these events were to occur, it would likely result in a delay in the pool participants' redemption proceeds. The State Treasurer will notify pool participants within five business days of making a determination to suspend withdrawals and/or irrevocably liquidate the fund and the reason for such action. Earnings and Distribution LGIP-MMF Daily Factor The LGIP-MMF daily factor is a net earnings figure that is calculated daily using the investment income earned (excluding realized gains or losses) each day, assuming daily amortization and/or accretion of income of all fixed income securities held by the Fund, less the administrative fee. The daily factor is reported on an annualized 7 -day basis, using the daily factors from the previous 7 calendar days. The reporting of a 7 -day annualized yield based solely on investment income which excludes realized gains or losses is an industry standard practice that allows for the fair comparison of funds that seek to maintain a constant NAV of $1.00. LGIP-MMF Actual Yield Factor The LGIP-MMF actual yield factor is a net daily earnings figure that is calculated using the total net earnings including realized gains and losses occurring each day, less the administrative fee. 8 108 EXHIBIT A Dividends The LGIP-MMF's dividends include any net realized capital gains or losses, as well as any other capital changes other than investment income, and are declared daily and distributed monthly. Distribution The total net earnings of the LGIP-MMF will be declared daily and paid monthly to each pool participant's account in which the income was earned on a per-share basis. These funds will remain in the pool and earn additional interest unless withdrawn and sent to the pool participant's designated bank account as specified on the Authorization Form. Interest earned will be distributed monthly on the first business day of the following month. Monthly Statements and Reporting On the first business day of every calendar month, each pool participant will be sent a monthly statement which includes the pool participant's beginning balance, contributions, withdrawals, transfers, administrative charges, earnings rate, earnings, and ending balance for the preceding calendar month. Also included with the statement will be the monthly enclosure. This report will contain information regarding the maturity structure of the portfolio and balances broken down by security type. Ill. Management The State Treasurer is the manager of the LGIP-MMF and has overall responsibility for the general management and administration of the Fund. The State Treasurer has the authority to offer additional sub -pools within the LGIP at such times as the State Treasurer deems appropriate in its sole discretion. Administrator and Transfer Agent. The State Treasurer will serve as the administrator and transfer agent for the Fund. Custodian. A custodian for the Fund will be appointed in accordance with the terms of the LGIP Investment Policy. IV. Miscellaneous Limitation of Liability All persons extending credit to, contracting with or having any claim against the Fund offered in this Prospectus shall look only to the assets of the Fund that such person extended credit to, contracted with or has a claim against, and none of (i} the State Treasurer, (ii) any subsequent sub -pool, (iii) any pool participant, iv the LGIP, or (v the State Treasurer's officers, employees or agents (whether past, present or future), shall be liable therefor. The determination of the State Treasurer that assets, debts, liabilities, obligations, or expenses are allocable to the Fund shall be binding on all pool participants and on any person extending credit to or contracting with or having any claim against the LGIP or the Fund offered in this Prospectus. There is a remote risk that a court may not enforce these limitation of liability provisions. 109 EXHIBIT A Amendments This Prospectus and the attached Investment Policy may be amended from time to time. Pool participants shall receive notice of changes to the Prospectus and the Investment Policy. The amended and restated documents will be posted on the State Treasurer website. www.tre.wa.gov. Should the State Treasurer deem appropriate to offer additional sub -pools within the LGIP, said sub -pools will be offered by means of an amendment to this prospectus. LGIP-MMF Contact Information Internet: www.tre.wa.gov Treasury Management System/TMS Phone: 1-800-331-3284 (within Washington State) Mail: Office of the State Treasurer Local Government Investment Pool PO Box 40200 Olympia, Washington 98504 FAX: 360-902-9044 10 110 EXHIBIT B- (DRAFT) LOCAL GOVERNMENT INVESTMENT POOL TRANSACTION AUTHORIZATION FORM Please fill out this form completely, including any existing information, as this form will replace the previous form. Name of Entity: City of Medina Mailing Address: 501 Evergreen Point Road Medina, WA 98039 Fax Number: (425) 451-8197 E-mail Contact: nadams@medina-wa.gov Do you wish to have your monthly LGIP statements faxed to the number listed above? Please note — if you choose to receive statements via fax, you will not receive another copy via U.S. mail. 01 YES, please fax statements O No, please send statements via U.S. mail Bank account where funds will be wired when a withdrawal is requested. (Note: Funds will not be transferred to any account other than that listed). Bank Name: US Bank Branch Location: Bellevue, WA Bank Routing Number: 125000105 Account Number: 153501084583 Account Name: City of Medina Persons authorized to make deposits and withdrawals for the entity listed above. Name Title Signature Telephone Number Michael Sauerwein City Manager 425-233-6412 Nancy Adams Director of Finance 425-233-6415 Aimee Kellerman City Clerk 425-233-6411 By signature below, I certify I am authorized to represent the institution/agencyinstitution/agency for the purpose of this transaction. (Authorized signature,) (Title) (Date) (Print Authorized Signature) (E-mail Address) (Telephone number) Any changes to these instructions must be submitted in writing to the Office of the State Treasurer. Please mail this form to the address listed below: OFFICE OF THE STATE TREASURER Date Received: / / LOCAL GOVERNMENT INVESTMENT POOL Fund Number: PO Box 40200 (for LGIP use only) OLYMPIA, WA 98504-0200 FAx: (360) 902-9044 State of Washington ) County of ) ss. Signed or attested before me by Dated this day of , 20. Signature of Notary SEAL OR STAMP Typed or printed name ofNotary Notary Public in and for the State of Wash. 111 My appointment expires: ism Medina City Council Meeting June 9, 2014 AGENDA BILL AGENDA ITEM 8.6 AWARD 2014 ASPHALT PAVEMENT OVERLAY AND EVERGREEN POINT Subject: ROAD SIDEWALK IMPROVEMENT PROJECT Category: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other— Discussion ...._............._._._...._.._.........__.._..._...................._.._................._.........................................._........................._.._....._....._.._...._._.....__...._........._.. ___._....._........._....__._.__......._.__.__._......................... ....._.................._...._._................................._......._..__ _..... Prepared By: Joe Willis Sr., Director of Public Works Summary: The City has several road improvement projects planned for 2014 — Asphalt Pavement Overlays and Evergreen Point Road Sidewalk Improvements. The 2014 Asphalt Pavement Overlays include areas: • 79th Ave NE from NE 24th to NE 28th Street • NE 28th Street from Evergreen Point Road to 80th Ave NE • NE 26th Street from 79th to 80th Ave NE • 77th Ave NE for 350 feet south of NE 22 Street • Asphalt Pathway along the unopened 80th Ave NE right-of-way from NE 12th to NE 14th Street 2. The Evergreen Point Road Sidewalk Improvements includes sidewalk improvements on the eastside between NE 8th Street to NE 16th Street. The residents along Evergreen Point Road were contacted about the proposed sidewalk improvements and the design to meander the sidewalk around eight existing power poles that impeded pedestrian traffic on the sidewalk. The City notified the community by post card mailings and e-gov delivery, and a signboard displays on the street where the project is proposed. Individual letters notified homeowners near the project. An open house was held at City Hall on May 21St and the ten residents that attended expressed approval of the design concept renderings and a desire to see more sidewalk improvements on Evergreen Point Road and NE 12th Street. Since the City of Bellevue was also planning for the replacement of the waterline along NE 28th Street from Evergreen Point Road to 801h Ave NE this year, the asphalt pavement overlay design documents were completed with both projects in mind. On April 14, 2014, the Council authorized the Call for Bids after touring a portion of the project north of the Post Office on March 24th. The projects were advertised for bids in April and bids were opened on May 6th. Five bids were received. The low bid for the Street Pavement Overlays was received from Watson Asphalt in an amount of $237,476.00. The low bid for the Evergreen Point Road Sidewalk Improvement was received from Combined Construction in an amount of $34,945.00. The overall low combined bid for both projects was received from Lakeridge Paving in an amount of $295,661.00. Since contract documents allow for the awarding of the work in separate contracts, the Director of Public Works recommends the separate award of the two schedules in order to save $23,240.00 (the difference of the separate bids from the over-all combined bid). MCI Medina City Council Meeting June 9, 2014 Attachment: 1. Summary of Bids AGENDA ITEM 8.6 BudgettFiscal 2014 Budget for Street Overlays is $275,000 impact: 2014 Budget for Sidewalk Improvements is $185,000 _,._-.-...__.__IetaL.Bud. for„Both Projects ...is $460,000 — _.-....-.-.-._____ _---.-__..-.--.-_- Staff Award the 2014 Asphalt Pavement Overlays to Watson Asphalt Paving Recommendation: Company and the Evergreen Point Road Sidewalk Improvement Project to Combined Qontruction, Inc. City Manager Approval: Proposed Council Motion: /(_ Move to Awar the 2014 Asphalt Pavement Overlay to Watson Asphalt paving Company and the Evergreen Point Road Sidewalk Improvement Project to Combined Construction, Inc. and authorize the Director of Public Works to administer the projects. 114 O ❑ O O O O O O O O O O O O O O O O O O O O O O O O O O 0M 0M 0M 0M 0M 0M 0M 0M 0M 0M 0M 0M 0M O O O O O O O O O O O 0 O 0 O 0 O O O O 0 0 0 O O O o mE 0 w o o n 0 v v 0) 0 0 0 m m y Q O O W N O) O N- O f0 O M O .o n O NW (J N M 16 M LO r M M O M N M N M M M N 0) tT 0 Q Y p O O O O O O O O O O a m a >O > a m [t) O O O 00 O O O O O ci O N O O O N O O O O O O ❑ N LL N z O O O E rn Y ° j M 16 i» o ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T 0 Q 0 O 0 0 O N 0 N 0 0 O W 0 O LD 0 O O 0 O N 0 O V 0 O V 0 O N 0 O W 0 N W 0 O 10 0 M N N- O d= N p N N M M M O M M W W M N M LO M N M N M tD M V N M O) M A M N O CO Q O. 7 tT ❑ - O O O O O O O O O O O O O >O O O N O O O O O O O O O O Z O m N m O O O N M W M N M W M O V O V O M M O N r M O N o N N E 0 V ? 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It serves as a planning and budgeting document for public works projects. State law requires all municipalities to hold a public hearing to receive public comments before adopting or amending a CIPITIP. The City is required to provide the adopted Six -Year TIP to the State Department of Transportation by July of each year. The TIP is used to qualify for grant funding and requires each project for which funding is requested to appear in the adopted TIP. Because of our size, Medina merges the CIP and TIP into one document for more efficient overall fiscal planning. The purpose of the hearing is to receive public testimony on the proposed plan. Following the public hearing, the council may wish to discuss the document and provide further input. A final draft of the Six -Year CIP/TIP is scheduled for council action at the July 14, 2014 meeting. The Proposed Six -Year CIP/TIP Plan for years 2015 through 2020 was developed from street and right-of-way improvement condition assessment, storm drainage deficiencies, public facility evaluations, and incorporates planned improvements such as street pavement overlays to restore street surfaces, storm drainage projects, sidewalk repairs, and park improvements. The attached 2015 - 2020 CIP/TIP Project Summary lists the projects by year, project scope, budget, and revenue source. The proposed annual expenditure for the Plan ranges from $ 500,000 to $600,000 per year. Attachment: Draft 2015 - 2020 CIP/TIP Plan Budget/Fiscal Impact: $500• ,000 to $600,000 per year Conduct public hearing and receive public comments for Staff Recommendation: discussion, City Manaqer Approval: Move to pl ce the proposed 2015 through 2020 Capital Proposed Council Motion: Improvement Plan and Transportation Improvement Plan on the council's July 14 agenda for final action MV4 x x x m x x m m x x m I - d E- m m E- a W W W N ~ N N N ILHILH li HliH N zz� owe owow~ ow w N W p 2 W H H H O 2 O 2 H O O H W N w W `p w W W a) a) w a) m w O@ 2 O 9 0 N O - O N �m .7 ,am�m EA fR Soom F>3 d3 F-1.. O p0000 O O O O O O O O O U O O 0 0 0 0 0 O O O O O 'T' K m LL m 64 N LL'i M Vi IO (p V3 O 7 fA O 00 fA 7 N ER 0 ER 0 M ER l! 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N N N N N l p M LU } r o m N W o N O (0(00-00)0 N O0 000000 O N N N N N N c~) O w r a x_ f Q O r >- 0 K ~ 0 120 2015-2020 Six -Year Capital Improvement Program 2015 Street Overlays (NE 32nd , Evergreen to 80th Ave NE) $115,000 (78th Ave NE, NE 24th to NE 28th) $125,000 Sidewalk Repairs (Evergreen Point Road, NE 18th to NE 24th) $185,000 Building Improvements (Public Works Shop emergency generator) $40,000 Park Projects (Medina Beach Park swim float replacement) $45,000 (Medina Park Nature Area Boardwalk) $60,000 Total 2015 $570,000 2016 Street Overlays (Upland Road, Ridge Rd to NE 5th) $35,000 (NE 5th 80th to Upland Rd) $65,000 (86th Ave NE, NE 5th to NE 8th) $45,000 (Midland Rd, 84th to Upland Rd) $80,000 Sidewalk Repairs (NE 12th, Evergreen to 80th) $250,000 Park Projects (Medina Park dredge ponds and shore up edges) $100,000 Total 2016 $575,000 2017 Street Overlay (84th Ave NE, Overlake to NE 12th) $245,000 Storm Drainage (Overlake Drive West & Medina Heights) $150,000 Sidewalk Repairs (84th Ave NE, Overlake to NE 12th) $195,000 Total 2017 $590,000 2018 Street Overlays (78th PI. NE, NE 32nd to Evergreen) $100,000 (Overlake Dr., Lake Wash Blvd to 84th) $300,000 Park Projects (Medina Park irrigation system & pathways) $140,000 Total 2018 $540,000 2019 Street Overlays (NE 10th 84th to Lake Wash Blvd) $155,000 Sidewalk Repairs (NE 32nd, Evergreen to 80th Ave NE) $145,000 Park Projects (Fairweather Park All-weather Playfield) $200,000 Total 2019 $500,000 2020 Street Overlay (84th Ave NE, NE 24th to Points Drive) $100,000 Sidewalk Repairs (Evergreen Point Road, NE 24th to SR 520) $300,000 (84th Ave NE, NE 24th to SR 520) $200,000 Total 2020 $600,000 NOTE: Annual Revenue to Fund Projects Estimated at $60,000 Motor Fuel Tax and $500,000 REET Taxes 121 iM Medina City Council Regular Meeting AGENDA ITEM 10.1 Monday, June 9, 2014 AGENDA BILL Subject: Ordinance Repealing and Readopting the Medina Tree Code Category: ❑ Consent ® Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other— Discussion Prepared By: Robert J. Grumbach, AICP, Director of Development Services_ Summary: At the April 14 council meeting, the city council received the Planning Commission's recommendation regarding the phase one tree code amendments. During the general comment portion of the meeting, public comments were made requesting additional changes that affected requirements for tree replacement plantings. At the May 12 council meeting, a public hearing was held on the phase one tree code amendments that was well attended by the public. The public comments focused on concerns relating to the replacement plantings and the requirements for the contributions to the Medina Tree Fund in lieu of replacement plantings. These are subjects that were not originally included in the approved scope of work for the phase one tree code amendments. Following deliberations, the council reached a consensus to continue following the scope of work approved for the phase one amendments, but also requested that the TRAQ be replaced with the current TRACE method for designating hazardous trees. The proposed ordinance reflects this direction and incorporates minor recommended corrections by the city attorney. Please note that new purpose statements were added to the hazard tree risk assessment section. The reason for these statements is to clarify the role of the city arborist's tree risk assessment, This appears to be a source of confusion possibly because hazard tree rating methods were not designed as a regulatory tool. Rather, the rating methods were designed to help property owner prioritize and manage the care of trees on their property. However, the city is using the risk assessment as a regulatory tool to determine exemption status from the tree code only. Property owners must rely on their own sources when it comes to the management of trees on their own property. Attachments: 1. Proposed Ordinance Budget/Fiscal Impact: None ........ Staff Recommendation: Approve r�— .. ..... .. . ��Oti�pprove an Ordinance of the City of Medina repealing and re -adopting and amending the Medina Tree Code, adopting a list of suitable tree species, and amending various other sections of the Medina Municipal Code oertainina to the tree code City Manager Approval Proposed Council Motion: 123 124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, REPEALING THE MEDINA TREE CODE CHAPTER 12.28 OF THE MEDINA MUNICIPAL CODE (MMC); RE -ADOPTING AND AMENDING THE MEDINA TREE CODE IN CHAPTER 20.52 MMC; ADOPTING A CITY OF MEDINA LIST OF SUITABLE TREE SPECIES; AMENDING MONETARY PENALTIES FOR CODE VIOLATIONS IN MMC 1.15.330; AND AMENDING OTHER SECTIONS OF THE MEDINA MUNICIPAL CODE FOR CONSISTENCY WITH THE AMENDED MEDINA TREE CODE WHEREAS, the City of Medina is classified as a non -charter code City under Title 35A Revised Code of Washington (RCW); and WHEREAS, Ordinance No. 378, adopted on August 9, 1982, established regulations governing the removal and trimming of trees in the right-of-way; and WHEREAS, subsequent amendments to Ordinance No. 378 governing trees and vegetation within the City boundaries have been adopted, including Ordinance Nos. 406, 471, 521, 574, 601, 630, 686, 732, 743, 778, 798, 855 and Ordinance No. 900; and WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance 783, passed March 14, 2005; and WHEREAS, Community Design Goal CD -G1 is to retain Medina's distinctive and informal neighborhood development pattern; and WHEREAS, following written public comments, the city council discussed at their April 23 and June 12, 2012, meetings a desire to amend the Medina Tree Code, Chapter 12.28 MMC; and WHEREAS, at the city council June 12, 2012 meeting, a consensus was reached on a phase one/ phase two process approach to amend and update the Medina Tree Code; WHEREAS, the council approved a scope of work for phase one amendments to the Medina Tree Code and placed on the planning commission's work program a scope of work that focused on changes that did not significantly alter the existing public policy of preserving significant trees while allowing flexibility to remove such trees; and WHEREAS, the council did not approve a scope of work for phase two amendments to the Medina Tree Code at the June 12, 2012 meeting, but agreed that phase two amendments might focus on the tree replacement plantings and the requirements for contributions to the Medina Tree Fund in lieu of replacement plantings; and WHEREAS, the planning commission at their February 25 and March 25, 2014, meetings considered amendments to the Medina Tree Code consistent with the city council's approved scope of work, and after allowing public comments voted to forward a recommendation to the city council; and WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to the Washington State Department of Commerce on April 2, 2014; and 1 of 30 125 WHEREAS, the city council received the planning commission's recommendation at their April 14, 2014 meeting and scheduled a public hearing and during the general comment portion of the meeting members of the public remarked on the planning commission's recommendation; and WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of Nonsignificance (DNS) for the proposed code amendment was issued on April 28, 2014, pursuant to WAC 197-11-340(2); and WHEREAS, public notice for a public hearing was published in The Seattle Times newspaper on April 28, 2014, and was posted at the City's notice boards and on the City's website; and WHEREAS, the city council held a public hearing on May 12, 2014, and received public testimony on the proposed amendments; and WHEREAS, public testimony at the public hearing focused on concerns relating to the requirements for tree replacement plantings and the requirements for contributions to the Medina Tree Fund in lieu of replacement plantings (collectively, mitigation requirements), which was outside of the scope of the proposed code amendments; and WHEREAS, the City Council enters the following findings in support of its decision: A. A SEPA threshold Determination of Nonsignificance was issued on April 28, 2014, and that the proposal (the proposed code amendment) would not have a probable significant adverse impact on the environment. B. The city provided appropriate opportunity for the public to participate in the code amendment process. The proposal was initiated by comments received from the public. The scope of amendments was limited to changes consistent with the public policy that currently supports the Medina Tree Code and the planning commission and the city council provided opportunities for the public to comment on the proposed changes. Notice of planning commission and city council meetings are made available to the public consistent with the city's notification requirements. Public noticing for the city council's public hearing was posted on the city's notice boards and by sending electronic notices to interested parties. Notice also was posted on the City's website and a notice of the public hearing was published in a newspaper of general circulation. C. The city reviewed the proposed code amendment for consistency with the Medina Comprehensive Plan. The amendment does not alter the community design goal to retain Medina's distinct and informal neighborhood development pattern. It is consistent with the goals and policies of the Medina Comprehensive Plan in that it preserves the community's informal and natural character. D. The proposed code amendment bears a substantial relation to the public health, safety and welfare. The amendment will consolidate the tree code with other development regulations and will re -organize and clarify the existing patchwork of regulations. The amendment will provide new credits for recently planted trees, create an exemption from the tree code for dead trees, add new procedures for 2 of 30 emergency tree removal, provide clear directions on the methods for applying various regulations, and simplify the list of significant tree species by consolidating the list into one document. These changes continue to support the current public policy of preserving significant trees while allowing the public a clearer and more predictable understanding of the regulations. E. The proposed amendments advance the public interest of the community by providing clearer, more consistent regulations and by consolidating the regulations with the Unified Development Code. The amendments are consistent with the limited scope of work approved by the city council, which intended to limit changes altering the public policy supporting the current Medina Tree Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repeal Chapter 12.28. Chapter 12.28 of the Medina Municipal Code is hereby repealed in its entirety. Section 2. Adoption of Chapter 20.52. A new Chapter 20.52 of the Medina Municipal Code is hereby adopted as set forth in "Attachment A" of this ordinance. Section 3. Adoption of List of Suitable Trees. A new "City of Medina List of Suitable Tree Species" is adopted as set forth in "Attachment B" of this ordinance. Section 4. Amend Section 1.15.330. Section 1.15.330 of the Medina Municipal Code is hereby amended to read as follows: A. Monetary penalties for a citation shall be in accordance with Table 1.15.330: Table 1.15.330 Third and First Second Subsequent Code Provision Violation Violation Violations Exceeding noise standards $100 $200 $500 Failure to comply with code of conduct or $100 $400 $750 construction mitigation plan Failure to comply with erosion control $100 $200 $500 measures and best management practices Failure to comply with a stop work order $300 $750 $1,500 Failure to obtain a tree removal permit $((4-90))300 $((489))500 $750 Failure to obtain and/or comply with a right -of- $100 $400 $750 way permit B. Monetary penalties for a notice of violation shall be as follows: 1. First day of each violation, $100.00; 2. Second day of each violation, $200.00; 3 of 30 3. Third day of each violation, $300.00; 4. Fourth day of each violation, $400.00; 5. Each additional day of violation beyond four days, $500.00 per day. C. Violations involving the tree regulations set forth in chapter 20.52 MMC and the shoreline master program set forth in chapters 20.60 through 20.67 MMC shall have the monetary penalties prescribed by this section assessed on a per tree basis. Section 5. Amend Section 20.12.020. Section 20.12.020 of the Medina Municipal Code is hereby amended to read as follows: "ANSI" means the American National Standards Institute. "Arborist, city" means a person appointed by the city manager or designee with the criteria that the person is a member of the American Society of Consulting Arborist or similar professional organization and is an ISA Certified Arborist. The city arborist is responsible for evaluating trees according to the International Society of Arboriculture in evaluating hazardous trees in urban areas_ Section 6. Amend Section 20.12.040. Section 20.12.040 of the Medina Municipal Code is hereby amended to read as follows: "Caliper, tree" means synonym for trunk diameter used to measure the size of nursery trees. Caliper measurement of the trunk is taken six inches above the ground up to and including four - inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper is measured at 12 inches above the ground. "Clearing" means cutting, grubbing or removing vegetation or other organic plant material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of clearing, cutting means the severing of the main trunk or stem of woody vegetation at any point. "Coniferous trees" means those trees that are called evergreen, have needles, or scales for leaves, and bear seeds in protective cones. This includes conifer trees that lose their needles in the fall. Section 7. Amend Section 20.12.050. Section 20.12.050 of the Medina Municipal Code is hereby amended to read as follows: "Deciduous trees" means perennial trees that lose all of their leaves at one time of the year. "Diameter of replacement tree" means the replacement tree diameter using caliper as the measurement. Multi -trunk trees shall be measured by taking one-half the caliper of up to the three largest trunks and summing them. 4 of 30 128 "Diameter breast height or DBH" means the diameter measurement in inches of the outside bark of a tree trunk, measured at four and one-half feet above the surrounding existing ground surface. The vertical measurement is taken at the mid -slope of the surrounding ground surface. The DBH for multi -trunk trees forking below the four and one-half foot mark is determined by measuring the diameter of the tree trunk at the narrowest part of the main stem below the tree fork. The DBH for multi -trunk trees splitting at ground level is determined by taking the square root of the sum of all sauared stem caliper. Section 8. Amend Section 20.12.080. Section 20.12.080 of the Medina Municipal Code is hereby amended to read as follows: "Grubbing" means to clear by digging up roots and or stumps. See "Clearing". Section 9. Amend Section 20.12.090. Section 20.12.090 of the Medina Municipal Code is hereby amended to read as follows: "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 significant 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. Section 10. Amend Section 20.12.130. Section 20.12.130 of the Medina Municipal Code is hereby amended to read as follows: "Land alteration" means any movement or modification of more than 25 cubic yards of earth material on any site. Section 11. Amend Section 20.12.140. Section 20.12.140 of the Medina Municipal Code is hereby amended to read as follows: "Medina Tree Fund" means a fund established by the City for the financial mitigation for tree removal consistent with Chapter 20.52 MMC. The fund is to be used to plant trees on public lands as deemed appropriate by the city manager or designee. Section 12. Amend Section 20.12.170. Section 20.12.170 of the Medina Municipal Code is hereby amended to read as follows: "Plantable area, right-of-way" means the pervious surface portion of the city's street rights -of - way located between the street surface edge and the adjoining property line. The plantable area also includes the area of any planting strip between the existing sidewalk or pathway and the edge of the street. The plantable area excludes the sidewalk and driveways. 5 of 30 129 "Pruning" means the selective removal of branches and or trunks following ANSI standards for safety, health, structure, shape, and aesthetics. This definition includes trimming. Except where approved by the city arborist to reduce a hazard, pruning shall be consistent with one of the following methods: 1. Clean: Cleaning a tree shall consist of pruning to remove one or more non -beneficial parts: dead, diseased, and/or broken branches; 2. Raise: Selective pruning to provide vertical clearance; 3. Reduce: Selective pruning to decrease the height and /or spread of a tree and shall not reduce the foliage crown by more than 25 percent annually (this method is employed to minimize risk of failure, balance the canopy, height and spread reduction, utility clearance or to improve tree aesthetics); or 4. Thin: Selective pruning to reduce the density of small live branches typically in the 10 to 15 percent range of the foliage crown, but not exceeding 25 percent annually. "Pruning, hazard" means removing hazardous branches throughout a canopy, or in a clearly specified area of the canopy where safety considerations are paramount. Such branches may be broken, exceedingly weighted, or cracked. Section 13. Amend Section 20.12.190. Section 20.12.190 of the Medina Municipal Code is hereby amended to read as follows: "Removal tree or tree removal" means uprooting, severing the main trunk of the tree or any act which causes, or may reasonably be expected to cause, the tree to die, including but not limited to damage inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete, asphalt, or other impervious materials in a manner which may reasonably be expected to kill the tree. "Replacement tree" means a coniferous or deciduous tree required by the city to be planted as replacement for an existing tree proposed for removal. Section 14. Amend Section 20.12.200. Section 20.12.200 of the Medina Municipal Code is hereby amended to read as follows: "Significant tree" means a tree of a size and species as identified in chapter 20.52 MMC. Section 15. Amend Section 20.12.210. Section 20.12.210 of the Medina Municipal Code is hereby amended to read as follows: "Target" when used for assessing hazard trees means people, property or activities that could be injured, damaged, or disrupted by a tree. In evaluating the likelihood of impacting a target, the occupancy rate of the target and any factors that could affect the failed tree as it falls towards the target shall be used in determining the likelihood of impact. 6 of 30 130 "Tree" means a self-supporting woody perennial plant, excluding a bush or shrub. "Tree protection zone" means area identified by the director in which no soil disturbances is permitted and activities are restricted. "Tree, right-of-way" means a tree with at least two-thirds of its trunk diameter on public right-of- way. "Tree species" means group of trees that resemble each other closely and interbreed freely. "Tree topping" means an inappropriate technique to reduce tree size that cuts through a stem more than two years old at an indiscriminate location. Section 16. Amend Section 20.12.230. Section 20.12.230 of the Medina Municipal Code is hereby amended to read as follows: "Vegetative cover" is defined as all vegetation including the ground cover laver, shrubs, and trees. Section 17. Amend Section 20.70.050. Section 20.70.050 of the Medina Municipal Code is hereby amended to read as follows: A. Applicant. Any owner may submit an application for an administrative tree removal permit. B. Procedures. Administrative tree removal permits are processed as a Type 1 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. C. Applicability. This section applies to the removal of ((sign)) trees as set forth in ((rho 12.28)) MMC 20.52.050(A), excluding trees rated as hazard pursuant to MMC 20.52.050(E). D. Criteria for Approval. ((The^criteria for approving an administrative tree removal permit are those set forth in MMC 12.28.050 and 12.28.060 as they currently exist or are hereafter amended)) The Decision Authority may approve an administrative tree removal permit only if the following criteria are satisfied: 1. The tree removal will have no materially detrimental effects on nearby properties; and 2. Tree replacement is provided pursuant to the requirements set forth in MMC 20.52.090. E. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. F. Lapse of Approval. 1. An administrative tree removal permit shall expire after 18 months from the later date of the decision being issued or an appeal becoming final; 2. Expiration of the administrative tree removal permit is automatic and notice is not required; and 3. No extension of the time period for the permit is allowed. Section 18. Amend Section 20.71.050. Section 20.71.050 of the Medina Municipal Code is hereby amended to read as follows: B. Applicant. ((Any)) Only owners enumerated in MMC 20.52.050(B)(1) may submit an application for an administrative right-of-way tree trimming/removal permit((, subject to the limitationinsubsection (E) of this section)) C. Procedures. Administrative right-of-way tree trimming/removal permits are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. 7 of 30 D. Applicability. This section shall apply to the pruning and removal of trees as set forth in MMC 20.52.050(B), excluding trees rated as hazard pursuant to MMC 20.52.050(E). ((the following: 1. All trimming, pruning or removal of trees in a city right of way, except as provided in subsection (D)(2) of this section; 2. The following tree trimming, pruning and removal activity shall be exempt from the requirements of this section: a. Trimming and pruning that: i. Fellows ANSI standards; , ii. Does not endanger the life of the tree as determined by the city; , m. Limbs being removed do not exceed three inches in diameter; and iv. Not more than 25 percent of the tree canopy is removed consistent with the other criteria in this subsection; b. Removal of trees that pose an immediate danger to life or property, or substantial fire hazard; provided that prier consent by the director is given; c. Trees rated as hazardous by the city arborist consistent with the criteria in Chapter 12.28 MMC; or d. /Any trimming pruning or removal of trees performed by the city. E. Limitation. Only owners immediately adjacent to the right of way area where the subject tree is located may submit for an administrative right of way tree trimming/removal permit. -)) E. Criteria for Approval. The decision authority may approve an administrative right-of-way tree trimming/removal permit only if the following criteria are satisfied: 1. The proposal is compatible with Chapter 3, Community Design Element, of the comprehensive plan; 2. The proposal is consistent with the public interest in maintaining an attractive and safe environment; 3. The tree trimming, pruning or removal will have no materially detrimental effects on nearby properties; 4. Trees ((defined as)) that are of a significant species pursuant to MMC 20.52.080 ((trees)) are not removed unless removal is necessary to provide access to a property or removal is for safety purposes (e.g., trees in danger of falling or losing significant limbs, or to provide clear view lines of sight for drivers of motorized vehicles); 5. Tree replacement ((mitigation)) is provided in accordance with ((Chapter 12.28)) MMC 20.52.090 ((standards)) for removed trees; 6. Tree trimming or pruning is done in accordance with the following: a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the area, unless supported by ANSI Standard A300; b. The trimming or pruning does not adversely affect adjoining and nearby properties regarding erosion control, noise control, shade, or other existing landscaping within the unimproved areas of the right-of-way; and c. The trimming or pruning complies with ANSI Standard A300 and does not cause unnecessary mutilation or damage to the tree. Section 19. Amend Section 20.72.090. Section 20.72.090 of the Medina Municipal Code is hereby amended to read as follows: B. Applicant. Any owner, or any public or private agencies ((authorized)) with authority to ((use)) operate within the city right-of-way((;)) or their authorized agents who have written 8 of 30 iRN authorization to act on their behalf, may submit an application for a non -administrative right- of-way tree trimming/removal permit. C. Procedures. Non -administrative right-of-way tree trimming/removal permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability. This section shall apply to the pruning and removal of trees as set forth in MMC 20.52.050(C), excluding trees rated as hazard pursuant to MMC 20.52.050(E). ((the followings 1. All trimming, pruning or removal of trees in a city right of way, except as provided in subsection (D)(2) of this section; , 2. The following tree trimming, pruning and removal activity in a city right of way shall be exempt from the requirements of this section, except as prescribed in subsection (E) of thissection: a. Trimming and pruning that: i Follows ANSI standards; ii Does not endanger the life of the tree as determined by the city; Limbs being removed do not exceed three inches in diameter; and iv. Not more than 25 percent of the canopy of the tree is removed consistent with the other criteria in this subsection; b. Removal of trees that pose an immediate danger to life or property, or substantial fire hazard, ppgiven; prior consent by the director is iven; or , c. Trees rated as hazardous by the city arborist consistent with the criteria in Chapter 121 C , d Any trimming, pruning pyruninor removal of trees performed by the city; , 3. Tree trimming, pruning and removal activity that is subject to the provisions in MMC 20Lvrte .050. & Limitation. The exemptions set forth in subsection (D)(2) of this section shall not apply to public and private utilities. R))E. Criteria for Approval. The decision authority may approve a non -administrative right-of- way tree trimming/removal permit only if the following criteria are satisfied: 1. The proposal is compatible with Chapter 3, Community Design Element, of the comprehensive plan; 2. The proposal is consistent with the public interest in maintaining an attractive and safe environment; 3. The tree trimming, pruning or removal will have no materially detrimental effects on nearby properties; 4. Trees ((definedas))that are of a significant species pursuant to MMC 20.52.080 ((trees)) are not removed unless removal is necessary to provide access to a property or removal is for reasons of safety (e.g., trees in danger of falling or losing significant limbs, or to provide clear view lines of sight for drivers of motorized vehicles); 5. Tree replacement ((mitigation)) is provided in accordance with ((Chapter 12.28)) MMC standards 20.52.090 for removed trees; 6. Tree trimming or pruning is done in accordance with the following: a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the area, unless supported by ANSI Standard A300; b. The trimming or pruning does not adversely affect adjoining and nearby properties regarding erosion control, noise control, shade, or other existing landscaping within the unimproved areas of the right-of-way; and c. The trimming or pruning complies with ANSI Standard A300 and does not cause unnecessary mutilation or damage to the tree. 9 of 30 133 Section 20. Amend Section 20.72.100. Section 20.72.100 of the Medina Municipal Code is hereby amended to read as follows: D. Applicability. This section shall apply to removal of ((an„ significant)) trees as set forth in MMC 20.52.050(D), excluding trees rated as hazard pursuant to MMC 20.52.050(E). ((0 14 private property where the tree has a 50 inch or greater diameter at breast height and the tree is not located within the new building footprint on a property undergoing )) E. Criteria for Approval. The decision authority may approve a nonadministrative tree removal permit only if the following criteria are satisfied: 1. The proposal is compatible with Chapter 3, Community Design Element, of the comprehensive plan; 2. The proposal is consistent with the public interest in maintaining an attractive and safe environment; 3. The tree removal will have no materially detrimental effects on nearby properties; 4. Tree replacement ((mitigation)) is provided in accordance with ((Charier 12.28)) MMC ((stags)) 20.52.090 for removed trees; 5. All other ordinances, regulations and policies applicable to tree removal are followed. Section 21. Authorization to make clerical corrections. The City Manager or designee is authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener's errors, references, ordinance numbering, section/ subsection numbers and any internal cross-references thereto, provided such corrections are non -substantive. Section 22. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2014, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2014. Mayor Michael Luis Approved as to form: Kari Sand, City Attorney Kenyon Disend, PLLC Attest: Aimee Kellerman, City Clerk 10 of 30 134 Draft Ordinance ATTACHMENT A Chapter 20.52 Tree and Vegetation Management Code Sections: 20.52.010 Purpose. 20.52.020 Applicability. 20.52.025 Using this chapter. 20.52.030 Exemptions. 20.52.040 Liability. 20.52.050 Tree Removal Permits. 20.52.060 Notice of tree removal involving no construction. 20.52.070 Tree removal and replacement plan. 20.52.080 Designation of significant tree species. 20.52.090 Tree replacement requirements. 20.52.100 City tree arborist established. 20.52.110 Hazard tree risk assessment. 20.52.120 Tree protection measures during construction. 20.52.130 Owner responsibility within city rights -of -way. 20.52.140 Planting requirements within a right-of-way. 20.52.150 Other general provisions. 20.52.160 Lots 12,000 square feet or less. 20.52.010 Purpose. This chapter establishes the regulations and standards necessary to ensure the city will continue to realize the benefits provided by its urban forest. The provisions of this chapter are enacted to: A. Preserve and maintain the existing tree canopy; B. Preserve and enhance the physical and aesthetic character by preventing indiscriminate removal or destruction of significant trees and vegetative cover; C. Promote land development practices that result in a minimal disturbance to the city's natural environment; D. Promote the existence of wildlife with the establishment of shoreline plantings and native trees, which will provide habitat for fish, and wildlife in the lakes and streams; E. Minimize surface water and ground water runoff and diversion and to prevent erosion and the risks of slides; F. Minimize the need for additional storm drainage facilities; G. Retain clusters of trees for the abatement of noise and wind protection; H. Acknowledge that trees and vegetative cover produce oxygen from carbon dioxide and are an aid in reducing air pollution; I. Minimize the devaluation of property values due to unnecessary destruction of trees and vegetative cover; J. Promote building and site planning practices that are consistent with the city's natural topography and vegetative cover while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal or pruning of certain trees and vegetative cover; K. Ensure prompt development, restoration, replanting and effective erosion control of property after tree removal through the use of landscape plans and other reasonable controls; L. Reduce siltation and water pollution in Lake Washington; 11 of 30 Draft Ordinance ATTACHMENT A M. Implement the city of Medina comprehensive plan; and N. Provide for reasonable development of land in Medina. 20.52.020 Applicability. A. No person or their representative, directly or indirectly, shall remove or destroy trees located within the jurisdictional boundaries of the city except as provided for in accordance with this chapter. B. Additional tree and vegetation management requirements are set forth in the Medina Shoreline Master Program as provided in MMC 20.66.050. 20.52.025 Using this chapter. This section offers a user's guide shown in Diagram 20.52.025 that outlines the process for applying the provisions of this chapter to trees. 12 of 30 iK1] Draft Ordinance ATTACHMENT A Diagram 20.52.025* Tree Is the pruning or removal activity exempt? See Section 20.52.030 No No Is the tree in a city right-of-way? No Is the tree a significant species? See Section 20.52.080 Yes I Yes I I Yes I Is the tree being removed or pruned? Removed Pruned Is the tree a significant species? See Section 20.52.080 Yes/ No Was the tree rated a hazard by the city arborist? Yes See Section 20.52.110 No What is the tree's DBH? See Section 20.12.050 Is a tree permit required? No See Section 20.52.050 Yes Determine tree replacement requirements See Section 20.52.090 Prepare tree removal and replacement plan See 20.52.070 Submit tree permit application If Pruning *See MMC 20.66.050 for additional vegetation management requirements applicable to the shoreline area. 13 of 30 Draft Ordinance ATTACHMENT A 20.52.030 Exemptions. The following are exempt from the requirements in this chapter: A. Normal and routine trimming and pruning operations and maintenance of trees and vegetation on private property following ANSI standards; B. Emergency tree removal or hazard pruning for any tree that poses an imminent threat to life or property provided: 1. The City is notified within seven days after the emergency tree removal or hazard pruning takes place and evidence is provided of the threat supporting the emergency tree removal; and 2. If evidence of the threat is not provided, or the Director determines the evidence does not warrant an emergency tree removal, the Director may require the party to obtain a permit as prescribed by this chapter and require replacement trees to be planted consistent with the requirements of this chapter; C. Trimming and pruning operations and maintenance of trees and vegetation following ANSI standards, or removal of trees performed by the City or a contractor contracted by the City within a public right-of-way or city -owned parkland; D. Removal of trees and vegetation management by the City or an agency under contract with the City for purposes of installing and maintaining fire hydrants, water meters, pumping stations, or similar utilities; or E. The removal of a dead tree where the director pre -determines that the tree died from naturally occurring causes. 20.52.040 Liability. Consistent with MMC 20.10.070, nothing contained in this chapter shall be construed or form the basis for any liability on the part of the city, or its officers, agents, consultants or employees, for any injury or damage resulting from any person's failure to comply with the provisions of this chapter or by reason of or in consequence of any act or omission in connection with the implementation of or enforcement of this chapter. 20.52.050 Tree Removal Permits. A. An Administrative Tree Removal Permit meeting the requirements set forth in MMC 20.70.050 is required for the following activities unless the activity requires a permit elsewhere under this section: 1. Removal at any time of a significant tree species located on private property or the state highway right-of-way with the size of the tree 20 inches or greater diameter at breast height; 2. Removal at any time of a significant tree species located on private property or the state highway right-of-way under development or involving land alteration, with the size of the tree 10 inches and greater diameter at breast height; 3. Installation of new landscaping on properties under development where the landscaping is located within 15 feet along: a. Minor arterial and collector street rights -of -way as designated in MMC 10.08.010; b. NE 8th Street; c. NE 82nd Avenue between NE 8th Street and NE 12th Street; d. NE 84th Avenue south of NE 12th Street; e. Evergreen Point Road north of NE 78th Place; and 14 of 30 138 Draft Ordinance ATTACHMENT A 4. Clearing or grubbing activity that removes or destroys 2,500 square feet or more of surface vegetative area, except the Director may waive the requirement for a permit if the property owner demonstrates that no tree protection zones will be disturbed; 5. All trees located within 200 feet of the Lake Washington shoreline pursuant to MMC 20.60.050 having six inches or greater diameter at breast height. B. An Administrative Right-of-way Tree Trimming/ Removal Permit meeting the requirements set forth in MMC 20.71.050 is required for the following: 1. Pruning or removal of any tree (significant and non -significant species) located within a city right-of-way (includes opened and closed) where application for the tree pruning or removal is made by owners of the property immediately adjoining to the right-of-way where the tree is located; and 2. A permit is not required for pruning activities by the owners immediately adjoining to the right-of-way where the tree is located if the pruning complies with the following: a. Follows ANSI standards; b. Does not endanger the life of the tree in the opinion of the director; c. Does not remove more than 25 percent of the natural canopy; and d. Does not remove any limbs with a diameter greater than three inches. C. A Non -administrative Right-of-way Tree Trimming/ Removal Permit meeting the requirements set forth in MMC 20.72.090 is required for the following: 1. Pruning or removal of any tree (significant and non -significant species) located within a city right-of-way (includes opened and closed) where application for the tree pruning or removal is not eligible for an Administrative Right-of-way Tree Trimming/ Removal permit under MMC 20.52.050(B)(1); and 2. Pruning or removal of any tree (significant and non -significant species) located within a city right-of-way (open and closed) by a public or private utility or their agent for any purpose. D. A Non -administrative Tree Removal Permit meeting the requirements set forth in MMC 20.72.100 is required for removal at any time of a significant tree species located anywhere within the boundaries of the cities where the size of the tree is 50 inches or greater diameter breast height, and the tree is not located within the new building footprint on properties undergoing development. E. Trees designated as a hazard tree by the city arborist pursuant to MMC 20.52.110 shall be exempt from the requirement to obtain a tree removal permit. 20.52.060 Notice of tree removal involving no construction. A. Property owners removing a significant tree species requiring a permit under MMC 20.52.050, but not undergoing new construction or land alteration activity, shall notify the City at least 10 days prior to the date the tree will be removed. B. All property owners removing a tree that does not require a permit under MMC 20.52.050 are encouraged, but not required to; notify the City of the tree removal at least 48 hours prior to the tree being removed. 20.52.070 Tree removal and replacement plan. A. Permits required under MMC 20.52.050 shall include a tree removal and replacement plan containing the following information: 1. A survey plan prepared by a state of Washington licensed surveyor that includes the following: a. The location, genus, common name, and size of all significant trees located on the property and within adjoining street rights -of -way and/ or private lane easement; 15 of 30 139 Draft Ordinance ATTACHMENT A b. Topography of the site at two -foot contour intervals; c. Critical areas as defined in chapter 18.12 MMC and chapter 20.67 MMC; 2. A site plan drawing showing the following: a. Proposed improvements, alterations or adjustments to the subject property including, but not limited to, buildings, driveways, walkways, patios, decks, utilities, and proposed contours; b. Existing structures, whether proposed to remain or proposed for removal; and c. The shoreline jurisdiction as defined in RCW 90.58.030, if applicable to the property; 3. A tree replacement planting plan that includes: a. Identification of all trees (significant and non -significant species) having a size of six inches or greater diameter breast height to be retained and those to be removed; b. A list of replacement trees to be planted consistent with the requirements of this chapter; c. The list of required replacement trees shall include the size, genus, species and common names; and d. A proposed general planting plan that includes the required replacement trees and other vegetation being planted. B. The director may approve modifications to the tree removal and replacement plan that reduce the submittal requirements provided the director concludes such information to be unnecessary. C. The director may require additional information to be included with the tree removal and replacement plan, such as tree protection measures, where the director concludes the information is necessary to determine compliance with this chapter. D. The applicant may combine the survey, site plan drawing, and/ or tree replacement plan into a single document, or may combine the required information with other documents, provided the City determines the submitted information is reasonably easy to understand. All plans shall be drawn to a scale acceptable by the City. 20.52.080 Designation of significant tree species. A. A list of suitable tree species consisting of coniferous and deciduous trees is set forth in the document entitled "City of Medina List of Suitable Tree Species," on file with the City for the purpose of establishing significant tree species on private property, public property, and City rights -of -way; and tree species that are eligible to count as replacement credit under MMC 20.52.090. B. The director shall maintain the "City of Medina List of Suitable Tree Species" document at city hall and is authorized to administratively modify the list consistent with the following criteria: 1. The designation of coniferous trees shall exclude tree species known to have invasive root structures and to be fast growing such as Leyland Cypress; 2. The designation of deciduous trees shall include tree species that are native to the western slope of Washington State as indicated by the book "Flora of the Pacific Northwest" written by C. Leo Hitchcock and Arthur Cronquist in its most recent adopted form, but excluding all species that are known to be hazardous or destructive of property. 3. Plantings of the following tree species within the city's rights -of -way shall be prohibited: London Plane, Quaking Aspen, Lombardy Poplar, Bolleana Poplar, Cottonwood, and Bigleaf Maple. C. The director shall submit proposals to modify the "City of Medina List of Suitable Tree Species" to the City Council for their consideration. The City Council may approve, modify or deny the proposed modifications. The City Council may also decline to take action on the 16 of 30 140 Draft Ordinance ATTACHMENT A proposed modifications in which case the modifications shall be incorporated into the list and take effect five days after the date the City Council declines to take action. 20.52.090 Tree replacement requirements. Non -hazard trees shall be preserved unless replacement trees are planted in accordance with the requirements set forth in this section. A. Tree replacement ratio: the following tables set forth the tree replacement ratio used to calculate the number of replacement trees required for the particular listed conditions associated with each tree being removed: 1. Trees located on private property, including state highway right-of-way, involving no development or land alteration shall have the tree replacement ratio assessed pursuant to Table 20.52.090(A)(1): Table 20.52.090(A)(1): Significant/ Non- Tree significant Tree Species Size of Tree (DBH) Replacement Ratio Non -significant All None Less than 20 inches None Significant 20 inches to less than 125% 36 inches 36 inches and larger 200% 2. Trees located on private property, including state highway right-of-way, that is under development or involves land alteration shall have the tree replacement ratio assessed pursuant to Table 20.52.090(A)(2): Table 20.52.090(A)(2): Tree Location Significant/ Non- Size of Tree (DBH) Tree Replacement significant Tree Species Ratio Within Building Non -significant All None Footprint Significant Less than 36 inches None 36 inches and larger 200% Non -significant All None Less than 10 inches None Outside Building 10 inches to less than 100% Footprint Significant 20 inches 20 inches to less than 125% 36 inches 36 inches and larger 200% The requirements set forth in this table shall also apply to trees under this subsection that are removed within two years prior to submittal of any construction permits and two years after development and/ or land alteration is completed. 3. Trees located anywhere within an open or closed City right-of-way shall have the tree replacement ratio assessed pursuant to Table 20.52.090(A)(3): 17 of 30 ME Draft Ordinance ATTACHMENT A Table 20.52.090(A)(3): Significant/ Non- Size of Tree (DBH) Tree Replacement significant Tree Species Ratio All Less than 10 inches None 10 inches to less than 30% 20 inches Non -significant 20 inches to less than 45% 36 inches 36 inches and larger 60% 10 inches to less than 100% 20 inches Significant 20 inches to less than 125% 36 inches 36 inches and larger 200% B. Calculating required replacement trees: the quantity of replacement trees to be planted shall be determined pursuant to the following procedures (see Diagram 20.52.090 for an example): 1. The tree replacement ratio is determined from the applicable table in MMC 20.52.090(A); and 2. The tree replacement ratio is multiplied by the diameter breast height of the tree being removed to establish the number of required tree replacement inches; and 3. Where more than one tree is removed, the required tree replacement inches for each removed tree shall be added together to produce a total number of tree replacement inches; and 4. The total number of replacement trees is determined by the total caliper inches of the replacement trees equaling or exceeding the required tree replacement inches established in MMC 20.52.090(B)(2) and (3); and 5. All fractions shall be rounded up to the next higher whole number. 6. Each replacement tree shall have a minimum caliper of: a. Three inches for trees replacing an existing tree with diameter breast height of less than 36 inches; b. Four inches for trees replacing an existing tree with 36 -inch diameter breast height and larger; and Diagram 20.52.090: Example of calculating required replacement trees: Using Table 20.52.090(A)(1) with a significant tree species/ outside of building footprint: ?4 inch 24 DBH inches X 125% = 30 tree replacement inches 30 tree replacement inches/ 3 -inch caliper trees = 10 replacement trees 18 of 30 Draft Ordinance ATTACHMENT A Multiple trees: DBH = 24 inch DBH = 12 inch 24 DBH inches X 125% = 30 tree replacement inches 12 DBH inches X 100% = 12 tree replacement inches 42 total tree replacement inches 42 total tree replacement inches/ 3 -inch caliper trees = 14 replacement trees C. To be eligible as a replacement tree, the species of the replacement tree must be selected from the appropriate list in the "City of Medina List of Suitable Tree Species" document set forth in MMC 20.52.080. Tree species listed as not eligible for replacement credit shall not count as a replacement tree. D. Other requirements: 1. At least 25 percent of the total required replacement tree inches planted shall be of the same genus as the tree removed unless the number of genera involved with tree removal exceeds the number of replacement trees that the applicant chooses to plant in compliance with the provisions of this chapter; 2. Coniferous replacement trees shall be a minimum height of: a. Eight feet at the time of final inspection for trees replacing existing trees with a diameter breast height less than 36 inches; or b. Ten feet at the time of final inspection for trees replacing existing trees with a 36 -inch diameter breast height and larger; 3. The property owner shall guarantee that required replacement trees are healthy and viable for three years after final inspection. E. In lieu of planting the replacement trees prescribed in MMC 20.52.090(A) and (B), an applicant may satisfy the tree replacement requirements by fulfilling the following requirements: 1. Contribute to the Medina Tree Fund at a rate of: a. $200.00 per each tree replacement inch calculated in MMC 20.52.090(B)(2) for each removed tree less than 20 inches diameter breast height; and b. $250.00 per each tree replacement inch calculated in MMC 20.52.090(B)(2) for each removed tree at least 20 inches diameter breast height, but less than 36 inches diameter breast height; or c. $400.00 per each tree replacement inch calculated in MMC 20.52.090(B)(2) for each removed tree at least 36 inches diameter breast height and larger; and 2. Planting at least two replacement trees consistent with the caliper requirements in MMC 20.52.090(B)(4) and eligibility requirement in MMC 20.52.090(C); and 3. The sum of the tree replacement inches accounted for by contributing to the Medina Tree Fund and the total caliper of the replacement trees planted shall not be less than the total replacement inches calculated in MMC 20.52.090(B)(2) and (3). F. Trees of a significant species that are transplanted onsite may be credited as a preserved tree not requiring tree replacement provided the director is consulted prior to the transplant and the transplant follows methods and techniques approved by the City for executing the transplant of the tree. G. The director may credit recently planted trees as satisfying tree replacement requirements provided: 1. The tree is eligible to be credited as a replacement tree pursuant to MMC 20.52.090(C); 19 of 30 143 Draft Ordinance ATTACHMENT A 2. The tree being used for credit was planted within the preceding 24 months to the submittal of an application for a tree removal permit; 3. The tree being used for credit is located on the same property as the tree being removed; and 4. The size of the tree being used for credit has a caliper of at least three inches. H. Replacement trees shall not be required where the city arborist assesses the tree as a hazard tree pursuant to MMC 20.52.110. 20.52.100 City arborist established. The director shall appoint a person to the position of city arborist who shall be assigned responsibility for evaluating the hazardousness of trees consistent with the requirements of this chapter. 20.52.110 Hazard tree risk assessment. A. Purpose of a hazard tree risk assessment. 1. The purpose of this section is limited to assessing trees to determine if a tree qualifies as a hazard tree eligible for the clauses in MMC 20.52.050)(E) for permit exemptions, MMC 20.52.090(H) for tree replacement exemptions outside of shoreline jurisdiction, and MMC 20.66.050(C) and (D) for tree replacement requirements inside of shoreline jurisdiction. 2. It is not the purpose of this section to assess trees for providing property owners with an assessment of tree risk to manage the trees on their property. B. Hazard trees are trees assessed by the city arborist having an overall high or extreme risk threshold rating of 11 or 12 points (on a 3 to 12 point scale) using the International Society of Arborists Tree Risk Assessment in Urban Areas and Urban/ Rural Interface Course & Exam (TRACE) method and consistent with this section. C. Steps followed in measuring the tree risk threshold rating include: 1. Identify possible targets and estimate occupancy rates; 2. Inspect tree — this is usually a visual tree assessment only, unless determined by the director otherwise; 3. Gather other information, if available, relevant to the tree assessment; and 4. Assign a tree risk threshold rating. D. The city arborist shall conduct the assessment: 1. Using the existing site conditions at the time of the inspection, but excluding possible impacts caused by new development, any land alteration activity, or any other similar such activities that might otherwise unnaturally cause the risk rating to increase; and 2. After reasonable treatment measures have been applied to reduce to the extent feasible the risk posed by the subject tree. E. The following tables are from the International Society of Arborists TRACE method for tree risk assessment and denotes scoring points by (a) a target area rating (scored 1 to 4 points); (b) a size of defective part rating (scored 1 to 3 points); and (c) a likelihood of failure rating (scored 1 to 5 points). A general description accompanies each of the point scores with additional description information available from the Tree Risk Assessment Course & Exam. 20 of 30 144 Draft Ordinance ATTACHMENT A Table 20.52.110(E) - Target Area Rating Rating/Score General Description These sites rarely are used for any long period and people passing Low through the area (regardless of travel mode) do not spend a lot of time 1 point within striking range of the tree. There are no valuable buildings or other facilities within striking range. Valuable buildings are at the edge of the striking range, so a falling Moderate tree would not seriously damage them. People occasionally are 2 points passing through within striking range of the tree, meaning less than 50% of the time span in any one -day, week, or month and do not stay within striking range very long. Valuable buildings are within striking range. People are passing Moderately High through within striking range more than 50% of the time span in any 3 points one -day, week, or month and their exposure can be more than just passing by. These sites have (a) a building within striking range frequently access by people, often for longer periods or high volumes of people are High coming and going within the striking range; (b) valuable buildings or 4 points other structures within striking range that would suffer major structural damage; (c) people are frequently within striking range of the tree seven days a week, all year long, and at all times of the day. Table 20.52.110(E) - Size of Defective Part Rating/Score General Description 1 point Branches or stems less than 4 inches diameter 2 points Branches or stems between 4 inches to 20 inches diameter 3 points Branches or stems greater than 20 inches diameter Table 20.52.110(E) - Likelihood of Failure Rating/Score General Description Low Defect is not likely to lead to imminent failure, and no further action is 1 point required. Moderate One or more defects areas well established, but typically do not lead to 2 points failure for several years. Moderately High One or more defects are well established, but not deemed a high 3 points priority issue. The city arborist may feel the problems are not serious enough to warrant immediate action. High The defect is serious, imminent failure is likely, and corrective action is 4 points required immediately. The tree requires within the next few days or weeks treatment. Extreme The tree or component part is already failing. The tree requires 5 points treatment today. F. After gathering all of the relevant information, the city arborist applies the tables in MMC 20.52.110(E) and assigns a point score for each category. The tree's points from the target rating, the size of defective part, and the likelihood of failure are added together to create an 21 of 30 Draft Ordinance ATTACHMENT A overall risk threshold rating for the tree that is used to determine if the tree is designated a hazard tree pursuant to MMC 20.52.110(B). G. Where the city arborist finds a tree to have a high risk threshold rating of 9 or 10 points, the director may authorize hazard pruning consistent with ANSI. 20.52.120 Tree protection measures during construction. A. Tree protection measures shall be implemented and maintained before and during all construction activities to ensure the preservation of significant tree species that are being retained. Tree protection measures shall be shown on grading and drainage plans, tree protection plans, and construction mitigation plans. B. Tree protection measures shall include, but are not limited to the following: 1. Establish tree protection zones and installation of protective fencing at the drip line or other barriers that are at least four feet in height, except where tree protection zones are remote from areas of land disturbance, and where approved by the director, alternative forms of tree protection may be used in lieu of tree protective fencing; provided, that the critical root zones of protected trees or stands of trees are clearly delineated and protected; 2. Limit grading levels around subject trees to not being raised or lower within the following area, whichever is larger; 1. The drip line area of the tree; or 2. An area around the tree equal to one foot in diameter for each inch of tree diameter measured at DBH; 3. Installation of a tree well, but only where necessary and only with pre -approval of the City; 4. Designation of areas on -site for parking, material and equipment storage, construction ingress and egress, and similar designated areas that do not negatively impact significant trees; 5. Locate trenches for utilities that minimize negative effects on the tree root structure with provisions for filling the trenches with a suitable growing medium in the vicinity of the trees; 6. Employ measures to protect critical root systems from smothering and compaction; 7. Implementing a tree care program during construction including watering, fertilizing, pruning and pest control; and 8. Measures for the disposal of potentially harmful items such as excess concrete, polluted water runoff, and other toxic materials. C. The director may approve deviations to the tree protection measures set forth in MMC 20.52.120(B) if the director determines that the deviation will provide equal or better tree protection than the required tree protection measure. 20.52.130 Owner responsibility within city rights -of -way. A. Unless authorized by this chapter, no person shall in any public area of the City, break, injure, mutilate, kill, destroy, prune or remove any tree; permit any animal under his or her control to do so; permit any fire to injure any portion of any tree; permit any toxic chemical to seep, drain, or be emptied on or about any tree. B. All owners of property adjoining a City right-of-way shall be responsible for maintaining all trees, shrubs, and other landscaping planted in the adjoining right-of-way by the property owner or previous owner of the property, or for which responsibility has been assumed by the owner through a recorded agreement with the City. 22 of 30 Draft Ordinance ATTACHMENT A C. All owners of the property adjoining a City right-of-way shall ensure the trees, shrubs and landscaping in the right-of-way adjoining their property do not interfere with the free passage of vehicles and pedestrians or cause any risk of danger to the public or property. D. No hazardous or destructive tree species shall be planted in the city rights -of -way. The City shall maintain a list of trees that are acceptable to be planted in City rights -of -way. E. The requirements of this subsection shall apply equally to the City rights -of -way whether the city's title to the right-of-way was obtained by dedication, condemnation, deed or in any other manner. F. For the purpose of this chapter, an owner shall be considered adjoining to the centerline of the public right-of-way. 20.52.140 Planting requirements within a right-of-way. A. This section shall apply to tree plantings by owners of private property within the following City rights -of -way: 1. Minor arterial and collector street rights -of -way as defined in Chapter 10.08 MMC; 2. NE 8th Street; 3. 82nd Avenue NE between NE 8th Street and NE 12th Street; 4. 84th Avenue NE south of NE 12th Street; and 5. Evergreen Point Road north of 78th Place N.E. B. The following landscaping standards shall apply when the lot adjoining the right-of-way is underdevelopment: 1. There shall be at least one tree planted for each 300 square feet of plantable area within the street right-of-way abutting the lot with a minimum of two trees planted; and 2. The new trees planted shall have a minimum three-inch caliper with coniferous trees also having a minimum height of eight feet at the time of final inspection; and 3. The requirements of this subsection may be satisfied with existing trees; and 4. New trees shall not be planted within three feet of the edge of any paved roadway and 5. Trees shall be planted in an informal pattern to create a natural appearance. C. The following exceptions shall apply: 1. Shrubs, trees and plantings within the required sight line areas at private drives, private lane outlets and street intersections shall not interfere with required sight distances. 2. The director may waive the requirements of this section if the right-of-way to be planted is planned for modification in the city capital improvements plan. 20.52.150 Other general provisions. A. Implementation and costs: 1. All costs associated with trimming and removal of trees shall be the responsibility of the applicant or property owner; and 2. Any tree trimming or removal governed by this chapter shall be performed by a state of Washington licensed tree service contractor, bonded and insured for the liabilities associated with tree removal. B. Survey: The city may require as a condition of approving a tree removal permit that the applicant obtain a survey by a state of Washington licensed surveyor to determine if the trees described in the application are located on the associated property, or if a tree is located within a city right-of-way. C. Supplemental notice: The following shall supplement Right-of-way Tree Trimming/ Removal permit requirements set forth in MMC 20.80.140(A): 1. Notice shall be posted on or near the subject tree or trees in a manner that clearly identifies all trees being considered under the application; 23 of 30 MINI Draft Ordinance ATTACHMENT A 2. The director may approve the use of a variety of reasonable methods to identify trees provided the methods clearly identify all trees being considered under the application; and 3. The director may require additional notices to be posted when, in the opinion of the director, it is determined necessary to provide reasonable notification to the public of a pending application. D. Limitations on occupancy: A certificate of occupancy shall not be issued until all required tree plantings and landscaping associated with this chapter is complete and receives final approval from the City. Temporary occupancy may be granted pursuant to MMC 20.40.100 before completion of the tree planting and landscaping work provided: 1. The property owner provides a financial guarantee to the City to ensure completion of the tree planting and landscaping; 2. The financial guarantee may take the form of a bond, line of credit, cash deposit, or another form acceptable to the City; 3. The minimum amount of the financial guarantee shall be 150 percent of the estimated cost of landscaping and required tree plantings not completed at the time of the inspection; 4. Terms of the financial guarantee shall include, but are not limited to conditions for approving the financial guarantee, a timeframe for the work to be completed, and terms under which the City shall release the financial guarantee. E. View and sunlight obstructions caused by trees: Pursuant to MMC 18.16.040, unreasonable obstructions of views or sunlight by uncontrolled growth or maintenance of trees may constitute a private nuisance subject to redress as set forth in chapter 18.16 MMC. 20.52.160 Lots 12,000 square feet or less. Applicants proposing to remove any significant tree species on a lot that has a lot area less than 12,000 square feet may in lieu of the tree replacement requirements set forth in MMC 20.52.090 use the following: A. If the property owner retains at least six trees of a significant tree species and each retained tree has a 20 -inch diameter breast height or greater, the property owner is not required to provide replacement trees; or B. If the property owner retains three to five trees of a significant species and each retained tree has a 20 -inch diameter breast height or greater, the property owner shall provide on - site tree replacement in accordance with MMC 20.52.090, except the tree replacement ratio shall be 50 percent for removed trees having less than 36 -inch diameter breast height (this does not apply where the tree replacement ratio is none); and C. Property owners retaining less than three trees of a significant species having a 24 -inch diameter breast height or greater, are not eligible for the alternative tree replacement requirements set forth in MMC 20.52.160(A) or (B). 24 of 30 148 Draft Ordinance ATTACHMENT B G`ul MEO., CITY OF MEDINA LISTS OF SUITABLE TREE SPECIES Purpose: The suitable tree species listed under each section are for the purpose of establishing significant trees under the Medina Tree Code (Chapter 20.52 Medina Municipal Code). This list includes trees species eligible as replacement credit under MMC 20.52.090. List 1: LIST OF SIGNIFICANT TREE SPECIES The following trees are designated as significant tree species pursuant to MMC 20.52.080. A. EVERGREENS (CONIFERS): 1. All, except Leyland Cypress — Cupressocyparis leylandii B. DECIDUOUS 1. Pacific or Western Flowering Dogwood — Cornus nuttallii 2. Vine Maple — Acer circinatum 3. Red Alder — Alnus rubra 4. Western Hazelnut - Corylus cornuta 5. Narrow -leaved Cherry — Prunus emarginata var. mollis 6. Oregon Ash — Fraxinus latifolia LIST 2: REPLACEMENT TREE SPECIES ELIGIBLE FOR CREDIT ON PRIVATE PROPERTY The following tree species are eligible as replacement credit on private property. Cultivars with genetic contents from the trees listed may also count as replacement credit if approved by the City. Trees shall be planted to ensure adequate root zones and spacing. A. EVERGREENS (CONIFERS) - NATIVE: 1. Lawson Cypress — Chamaecyparis lawsoniana 2. Alaska Yellow Cedar — Chamaecyparis nootkatensis 3. Western Red Cedar — Thuja plicata 4. Douglas Fir — Pseudotsuga menziesii 5. Grand Fir — Abies grandis 6. Mountain Hemlock — Tsuga mertansiana 7. Western Hemlock — Tsuga heterophylla 8. Shore Pine — Pinus contorta var. contorta 9. Western White Pine — Pinus monticola 10. Western Larch — Larix occidentalis B. EVERGREENS (CONIFERS) — NON-NATIVE: 1. Moss Cypress — Chamaecyparis pisifera 2. Smooth -barked Arizona Cypress — Cupressus glabra 3. Atlas Cedar/ Cedar of Lebanon — Cedrus libani 4. Deodar Cedar — Cedrus deodara 25 of 30 149 Draft Ordinance ATTACHMENT B 5. Incense Cedar — Calocedrus decurrens 6. Spanish Fir — Abies pinsapo 7. White Fir — Abies concolor 8. Canadian Hemlock — Tsuga candadensis 9. Austrian Black Pine — Pinus nigra 10. Japanese Black Pine — Pinus thunbergii 11. Japanese Red Pine — Pinus densiflora 12. Japanese Yew — Taxus cuspidate 13. English Yew—Taxus baccata 14. English -Japanese Yew — Taxus x media 15. European Larch — Larix decidua 16. Japanese Cryptomeria — Cryptomeria japonica 17. Serbian Spruce — Picea omorika 18. Umbrella Pine — Sciadopitys verticillata C. DECIDUOUS - NATIVE: 1. Pacific or Western Flowering Dogwood -- Cornus nuttallii 2. Vine Maple --Acer circinatum 3. Red Alder --Alnus rubra 4. Western Hazelnut -- Corylus cornuta 5. Oregon Ash -- Fraxinus latifolia 6. Narrow -leaved Cherry — Prunus emarginata var. mollis D. DECIDUOUS — NON-NATIVE: 1. None LIST 3: REPLACEMENT TREE SPECIES FOR CREDIT ON PUBLIC RIGHTS -OF -WAY The following tree species are eligible as replacement credit in the city rights -of -way. Cultivars with genetic contents from the trees listed may also count as replacement credit if approved by the City. Trees planted in the rights -of -way shall ensure that sight -distance requirements are maintained and utilities will not become encumbered. If overhead power distribution or transmission lines are within 20 horizontal feet of the planting location, the replacement tree species shall be selected from List 3 or 5. A. EVERGREENS (CONIFERS) - NATIVE: 1. Lawson Cypress — Chamaecyparis lawsoniana 2. Alaska Yellow Cedar — Chamaecyparis nootkatensis 3. Western Red Cedar — Thuja plicata 4. Douglas Fir — Pseudotsuga menziesii 5. Grand Fir — Abies grandis 6. Mountain Hemlock — Tsuga mertansiana 7. Western Hemlock — Tsuga heterophylla 8. Shore Pine — Pinus contorta var. contorta 9. Western White Pine — Pinus monticola 10. Western Larch — Larix occidentalis 26 of 30 150 Draft Ordinance ATTACHMENT B B. EVERGREENS (CONIFERS) — NON-NATIVE: 1. Moss Cypress — Chamaecyparis pisifera 2. Smooth -barked Arizona Cypress — Cupressus glabra 3. Atlas Cedar/ Cedar of Lebanon — Cedrus libani 4. Deodar Cedar — Cedrus deodara 5. Incense Cedar — Calocedrus decurrens 6. Spanish Fir — Abies pinsapo 7. White Fir — Abies concolor 8. Canadian Hemlock — Tsuga candadensis 9. Austrian Black Pine — Pinus nigra 10. Japanese Black Pine — Pinus thunbergii 11. Japanese Red Pine — Pinus densiflora 12. Japanese Yew — Taxus cuspidate 13. English Yew—Taxus baccata 14. English -Japanese Yew — Taxus x media 15. European Larch — Larix decidua 16. Japanese Cryptomeria — Cryptomeria japonica 17. Serbian Spruce — Picea omorika 18. Umbrella Pine — Sciadopitys verticillata C. DECIDUOUS - NATIVE: 1. Pacific or Western Flowering Dogwood -- Cornus nuttallii 2. Vine Maple --Acer circinatum 3. Red Alder --Alnus rubra 4. Western Hazelnut -- Corylus cornuta 5. Oregon Ash -- Fraxinus latifolia 6. Narrow -leaved Cherry — Prunus emarginata var. mollis D. DECIDUOUS — NON-NATIVE: 1. None LIST 4: TREE SPECIES FOR CREDIT IN RESTRICTED PUBLIC RIGHT-OF-WAY The tree species in List 5 shall be used for replacement credit in those locations identified as "Restricted R.O.W" in the Medina Landscape Plan set forth in Figure 3 of the Community Design Element of the Medina Comprehensive Plan. The city may accept other tree species not on the list for replacement credit provided the tree is an appropriate species to be planted where overhead utility lines or view corridors necessitate lower tree heights. LIST 5: LOW -GROWING TREE SPECIES FOR CREDIT NEAR POWER LINES The tree species in this list may be used for replacement credit when replacement trees are planted under or within 20 horizontal feet of overhead power distribution and transmission lines. The city may accept non-native tree species in this list and other non-native tree species not on the list for replacement credit provided the tree is an appropriate species to be planted near power lines. 27 of 30 Draft Ordinance ATTACHMENT B A. EVERGREENS: 1. Mugo Pine — Pinus mugo 2. Tanyosho Pine — Pinus densiflora 'Umbraculifera' 3. Dwarf Hinoki Cypress — Chamaecyparis obtusa 'Nana gracilis' 4. Chinese Juniper — Juniperus chinensis 5. Swiss Stone Pine — Pinus cembra 6. Japanese Umbrella Pine — Sciadopitys verticillata 7. Bristlecone Pine — Pinus aristata 8. Dwarf Japanese Red Pine — Pinus densiflora sp B. DECIDUOUS: 1. Amur Maple — Acer ginnala 2. European Filbert — Corylus avellana 3. Flowering Cherry/Plum — Prunus sp. 4. Mt. Fuji Flowering Cherry — Prunus serrulata 'Shirotae' 5. Japanese Maple — Acer palmatum 6. Goldenrain Tree — Koelreuteria paniculata 7. Star Magnolia — Magnolia stellata 8. Lily Magnolia — Magnolia liliiflora 9. Victoria Southern Magnolia — Magnolia grandiflora 'Victoria' 10. Carmine Crabapple -- Malus x atrosanguinea 11. Sargent Crabapple — Malus sargentii 12. Pink Perfection Crabapple — Malus 'Pink Perfection' 13. Radiant Crabapple — Malus 'Radiant' 14. Strathmore Crabapple — Malus 'Strathmore' 15. Vine Maple — Acer circinatum 16. Japanese Tree Lilac — Syringa reticulata 17. Japanese Snowbell — Styrax japonicus 18. Staghorn Sumac — Rhus typhina 19. Hawthorn — Crataegus sp. 20. Eastern Redbud — Cercis canadensis 21. Corneliancherry Dogwood — Cornus mas 22. Japanese Dogwood — Cornus officinalis 23. Japanese Hornbeam — Carpinus japonica 24. Smoketree — Cotinus sp. 25. Persian Parrotia — Parrotia persica 26. Amur Chokecherry — Prunus maackii 27. Pacific Serviceberry — Amelanchier alnifolia 28. Western Serviceberry — Amelanchier grandiflora 29. Red Cascade Mountain Ash — Sorbus americana 'Dwarfcrown' 30. Black Tupelo — Nyssa sylvatica Source for identifying native species: Kruckerberg, Arthur R. Gardening with Native Plants of the Pacific Northwest — an illustrated guide. Seattle: University of Washington Press, 1982. Print. Arno, Stephen F. and Hammerly, Ramona P. Northwest Trees — identifying and understanding the regions native trees. Seattle: The Mountaineers, 1977. Print. 28 of 30 Draft Ordinance ATTACHMENT B • Hitchcock, C. Leo and Cronquist, Arthur. Flora of the Pacific Northwest — an illustrated manual. Seattle: University of Washington Press, 1973. Print. • Breen, Patrick. Oregon State University Department of Horticulture Landscape Plants — Images, identification and information (http://oregonstate.edu/dept/ldplants/, September 12, 2013). Corvallis, OR 97331-4501, USA. USDA, NRCS. 2013. The PLANTS Database (http://plants.usda.gov, 19 September 2013). National Plant Data Team, Greensboro, NC 27401-4901 USA. 29 of 30 153 154 Medina City Council Regular Meeting AGENDA ITEM 10.2 Monday, June 9, 2014 AGENDA BILL Subject: Phase Two Tree Code Amendment Update Category: ❑ Consent ❑ City Council Business ❑ Resolution ® Other — Discussion Prepared By:Robert J. GrumbachAICP, Director of Develo mp ent Services ❑ Ordinance ❑ Public Hearing Sum: Only the process for phase one tree code amendments has been approved by the City Council. At the last council meeting, the City Council requested staff to provide information on a possible public outreach program and a budget to support consideration of developing phase two tree code amendments. Attached is a memorandum of a possible public outreach schedule and a supporting budget. The proposed schedule starts with a community -wide notice of the phase two efforts and includes two workshops and a Medina Days public outreach booth. Also incorporated into the schedule were council member suggestions for a community survey and a kickoff town hall meeting. The staff approached our planning consultant, Otak, for a proposal on help with a public outreach program, and our shoreline/ critical areas consultant, The Watershed Company, for proposals on a tree canopy inventory to support the process. The total suggested budget for these is $30,200. This expenditure is not included in the current city budget. See memorandum for more information and other options. At the time of this writing, we do not have an estimated cost for a community survey. If a community survey is desired then additional budget expenditures will need to be allocated. Attachments: 1. Memorandum BudgetiF.sca..mpact Estimated Expenditure $30,200 + Survey Cost Staff Recommendation Ap ,rove Phase Two, Schedule and Budget._ City Manager Approval: ............. ..... . Move to authorize the City Manager to move forward on a process to develop proposed phase two tree code Proposed Council Motion: amendments and authorize the expenditure of up to $30,200 (add survey expenditures if desired) to support thepuublic_outreach program and tree inventor.__ iI4 iI1y CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov MEMORANDUM To: City Council From: Robert J. Grumbach, AICP, Director of Development Services Date: June 9, 2014 Subject: Public Involvement with Phase Two Tree Code Amendments The council requested that staff provide information on a possible public outreach program and budget to support consideration of phase two tree code amendments. The following is a proposed schedule for a public outreach program and the budget to implement it. It incorporates some council members' input to the city manager. Tentative Schedule Task June 1. Initial Public Notice (Post Card) Late June 2. Public survey (if desired) Late June/ Early July 3. Introductory Council Townhome Meeting Mid July 4. First Public Workshops Meeting Early August 5. Medina Days Outreach Booth Late August 6. Second Public Workshop Meeting September 7. Council Sets Policy for Code Amendments October/ November 8. Planning Commission works on code amendments December/ January 2015 9. City Council public hearing/ adoption on phase two code amendments Public Outreach Budget: Budget Post Card Mailing Two Public Workshops (Otak) Medina Days Booth (Otak) Website Help (Otak) Coordination (Otak) Presentation Materials for 3 briefings (Otak) Reimbursable (Otak) City Supplies/ Miscellaneous Survey 1 Estimated Exaenditure $1,000 $4,720 $3,450 $ 600 $ 640 $2,310 $ 480 $2,000 Subtotal: $15,200 To be determined 157 Inventory To Support Public Policy: As part of the effort to evaluate the public policy, and to support the public outreach program, and better understand possible outcomes of policy changes, it is recommended that a tree inventory of the community be conducted to provide a context on which to form discussion on public policy issues. The criteria for the inventory would be as follows: • Two sampling years based to evaluate the effects of the current tree code; • Inventory the composition of deciduous vs. evergreen trees since the urban forest contains both and our current policy protects considerably fewer deciduous trees; and • Produce deliverable products such as maps to help present and analyze the inventory. The cost of a tree inventory can vary widely and is dependent on the level of detail and sense of confidence in the data desired. Because The Watershed Company had done some impervious surface inventory work for the shoreline master program update, they were approached about conducting a tree inventory and offered the following options: Option A — Existing Data Assessment: This uses available 30 -meter resolution datasets developed by federal agencies. The resolution of the maps is somewhat coarse so the data mostly compares tree canopy coverage versus development coverage. The accuracy of the data is assessed using 10 -meter imagery, but there is a larger degree of error than with the other methods. This approach is good for making general comparisons, but it lacks the accuracy for evaluating possible outcomes. Estimated Cost: $6,625 Option B — Heads -up Digitalization and Ground-truthing: This requires the City to develop its own database using high resolution, 10 -meter accuracy or better, aerials purchased from a third -party vendor. The data is ground sampled (site visited) by a certified arborist to verify the accuracy of the analysis. This approach is the most accurate and provides better information to develop standards and evaluate possible outcomes. The limit on this approach is that available aerials only allow about a five- year separation between the sampling years. Estimated Cost: $12,245 Option C — Advanced Remote Sensing: This uses landsat satellite images and advanced remote sensing technology. An evaluation of thermal imagery signatures are used to build the database. This approach is more accurate than Option A, but is less accurate than Option B although an arborist could be sent to ground sample as needed. This option is generally preferred for larger scale inventories where extensive ground sampling might be too onerous. . Estimated Cost: 18,195 1 3ti13 Option D — Combination Approach: A fourth option would be to use a combination of Option A to gather the earlier tree inventory data and use Option B for the current inventory. This would allow an earlier set of data to be used to draw comparisons on how the current tree code has affected the community's tree canopy while allowing the more accurate Option B to create the existing inventory and be used to develop new standards, if new standards are desired Estimated Cost: $15,000 Staff Recommendation: Option D is recommended, as this will offer information with the highest degree of confidence to support community discussions on a subject that is very divisive. 3 159 160 Medina City Council Regular Meeting AGENDA ITEM 10.3 Monday, June 9, 2014 AGENDA BILL Subject: Marijuana Businesses and Zoning Category: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other -- Discussion Prepared By: Robert J. Grumbach, AICP, Director of Development Services Summary: With the passage of Initiative 1-502, which legalizing under state law certain amounts of use of recreational marijuana, and with earlier passage of laws on medical marijuana, local governments are grappling with zoning for these types of establishments, including whether to prohibits such uses. While Medina's zoning code reflects a predominately low -density residential character with minimal allowances for non-residential uses, there are a few potential openings in the zoning code where it is unclear if a marijuana businesses might be allowed. The purpose of this discussion is to obtain policy direction on how the city council wishes to address marijuana related businesses in the zoning code. Aft arhmi nf- 1. Memo an Marijuana Businesses & Zoning Budget/Fiscal Impact. :....... ......... _....._............-._None. Staff Recommendation: Provide . oli.-.-.-.--. irection City Manager Approval: -� p ional — olicy direction at this stage can be given by Proposed Council Motion: motion or by general consensus. 161 CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov MEMORANDUM To: City Council From: Robert J. Grumbach, AICP, Director of Development Services Date: June 9, 2014 Subject: Marijuana and Land Use BACKGROUND In November 2012, Washington State voters passed Initiative 1-502 legalizing the possession of limited amounts of marijuana and marijuana -infused products for recreational use by persons 21 years or older. It also decriminalized under state law the production, delivery, distribution, and sale of marijuana provided such activities are in accordance with state law. The Washington State Liquor Control Board has been tasked with implementing these rules. It is worth noting that 1-502 followed earlier legislation regarding the use of medical marijuana, which involves collective gardens. However, 1-502 did not amend the medical marijuana laws, and the state legislature has not harmonized these so the two matters remain distinctly separate. A big question from 1-502 was whether local governments were preempted by the initiative from using local zoning rules to control the land use aspects of production, processing and retail sales of marijuana. Fundamental to this question was local government's authority to limit and even ban such uses through zoning. The legal issues involved are complex, but the Attorney General issued an opinion earlier this year concluding that 1-502 did not preempt local governments from regulating marijuana business including the authority to prohibit them. While the Attorney General's opinion is not binding, it does provide a legal framework that local governments can rely on when making zoning decisions involving marijuana land uses unless a court rules otherwise. ZONING FOR MARIJUANA USES As previously noted, the Attorney General's opinion concluded that local governments can zone for marijuana land uses. Initiative 1-502 established a detailed licensing program for three categories of marijuana businesses. These are defined in RCW 69.50 as follows: 1 • "Marijuana processor" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana -infused products, package and label useable marijuana and marijuana -infused products at wholesale to marijuana retailer. • "Marijuana producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. • "Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana -infused products in a retail outlet. The Liquor Control Board issues these licenses similar to liquor licenses by contacting the local jurisdiction to find out if there is an objection to issuing the license. If there is an objection, the local government must document its reasons for the objection and the Liquor Control Board is required to give the objection substantial weight before deciding on the license. Regardless of other rules, the Liquor Control Board is prohibited by state law from issuing a license for a marijuana business that is within 1,000 feet of the perimeter of the grounds of the following: • Schools; • Playgrounds; • Recreation center; • Child care center; • Public park; • Public transit center; • Library, and • Any game arcade where admission is not restricted to persons aged 21 and older. ►Vi/_1 1!II7_1LlI_tu11*+' _1L1III I4I]ILl/_Q3FIC61LIIILl[eyes]114 Medina is predominately a low -density residential community and the zoning code reflects this character. The land use table in MMC 20.21.030 sets forth allowed and prohibited uses. Table 20.21.030 does not list manufacturing, wholesale or retail uses in the R-16, R-20, R-30 or Public zoning district, which means businesses including marijuana businesses are prohibited per MMC 20.21.020(H). The Neighborhood Auto Service zoning district allows automobile -related services that include limited merchandise sales. However, the merchandise is required to be associated sundry items to the primary auto service business and a limited amount of prepared foods can also be sold. Other retail sales including marijuana and marijuana products would be prohibited. This prohibition includes any wholesaling or manufacturing of marijuana or other goods. 1 The Suburban Gardening Residential SR -30 zoning district allows commercial horticulture, truck gardening, agriculture (excluding the raising of animals) production and retail sales. Marijuana processor, producer and retail could be reasonable interpreted to be allowed in this zoning district. It is also worth noting that much of the SR -30 zoning district appears to meet the 1,000 -foot separation requirement from schools, parks, etc. Although the R-16, R-20, R-30 and the Neighborhood Auto zoning districts prohibit marijuana -related businesses as a primary use, home businesses are a permitted use in all zoning districts subject to certain restrictions. This is noteworthy because home businesses are a type of commercial activity that is generally considered acceptable in residential zones. Medina requires these to be located inside of a single-family dwelling and limits them to uses that are customarily incidental and secondary to the use of the dwelling. While the production and sale of marijuana from a dwelling is not considered customary, this could be open for interpretation in the future now that marijuana is no longer illegal under state law. Additionally, it is not clear whether or not the Liquor Control Board would approve a license for such uses in a single-family dwelling. All of this leaves room for some uncertainty. MEDICAL CANNABIS COLLECTIVE GARDENS The state legislature in 2011 passed laws towards full regulation of medical marijuana, but key provisions were vetoed by the governor. "Collective gardens" are specifically allowed under current state legislation, but dispensaries are not. The resulting legislation is not full consistent with many unanswered questions. Also, Washington's medical marijuana law conflicts with federal drug laws, which do not recognize any medical uses for the drug. In terms of land use, cannabis collective gardens are defined as: (1) Qualifying patients may create and participate in collective gardens for the purpose of producing, processing, transporting, and delivering cannabis for medical use subject to the following conditions: (a) No more than ten qualifying patients may participate in a single collective garden at any time; (b) A collective garden may contain no more than fifteen plants per patient up to a total of forty-five plants; (c) A collective garden may contain no more than twenty-four ounces of useable cannabis per patient up to a total of seventy-two ounces of useable cannabis; (d) A copy of each qualifying patient's valid documentation or proof of registration with the registry established in *section 901 of this act, including a copy of the patient's proof of identity, must be available at all times on the premises of the collective garden; and (e) No useable cannabis from the collective garden is delivered to anyone other than one of the qualifying patients participating in the collective garden. (2) For purposes of this section, the creation of a "collective garden" means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a 3 collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants. In sum, qualifying patients can form a group to grow and medically use marijuana. Because of the current affair of the state law on medical marijuana, Division 1 of the state court of appeal has upheld regulations prohibiting cannabis collective gardens ruling that they are not legal under the state's current law. ZONING FOR MARIJUANA While there are a lot of unknowns about the future of marijuana, it is clear at this time that the city can control the allowances for marijuana businesses and collective gardens. Before taking the next step with this subject, council direction is sought. Possible options include: A. Take no action. In the short term this means that marijuana business could potentially be allowed in the SR -30 zone. In the long term, this could be expanded to include home businesses, which are allowed in all zones; although still subject to the 1,000 -foot rule. The present and future of medical marijuana is unclear. B. Prepare an ordinance amending the zoning code that prohibits marijuana businesses in all zoning districts. This might be expanded to include prohibiting medical cannabis collective gardens as well. C. Prepare an ordinance amending the zoning code that prohibits marijuana businesses in all, but the SR -30 zoning district with non-residential uses. This could possibly allow Wells Medina Nursery in the future to include a marijuana business. Medical cannabis collective gardens may or may not want to be prohibited as well. D. Continue studying the issue before providing further direction. E. Other combinations of zoning where marijuana businesses might or might not be allowed. Same with the medical cannabis collective gardens. 4 Medina City Council Regular Meeting AGENDA ITEM 10.4 Monday, June 9, 2014 AGENDA BILL Periodic Review of the Medina Comprehensive Plan and Public Subject: Participation Category: ❑ Consent ❑ Ordinance ❑ Public Hearing 9 ❑ City Council Business ❑ Resolution ® Other— Discussion Prepared By Robert J. Grumbach,_ AICP, Director of Development Services Summary: BACKGROUND: Originally, the City planned to perform a comprehensive review and update of the Medina Comprehensive Plan because of a 2009 community survey that indicated a broader update might be warranted. The plan was to incorporate this broader review with the state's mandated periodic review that is due by June 2015. However, because of other emerging priorities, the limits on available resources, and the small amount of time until the state deadline, these review processes will need to be separated into two tracks with the state mandated periodic review conducted first. CHECKLISTS: The Department of Commerce developed checklists to assist local governments in identifying parts of the comprehensive plan and development regulations that need updating to be consistent with changes to the Growth Management Act since the last mandated periodic review. Applying the checklist to Medina, the findings can be summarized as follows: • Updates to the critical areas regulations will be required to incorporate changes to best available science. o The Watershed Company has prepared a draft report of the necessary updates; o A Critical Areas Map will be produced. • Review for consistency with Puget Sound Regional Council and King County Countywide Planning Polices. • General updates such as population, housing, SR 520 improvements, transit services, etc. will need to be done. • May want to incorporate new storm water mapping and an evaluation of the housing market. • Various housekeeping amendments to the goals and policies and to the development regulations will need to be performed. PUBLIC PARTICIPATION PROGRAM: Jurisdictions are required to establish a public participation program that identifies procedures and schedules that provide the public an opportunity to participate in the periodic update. The key component of the program is that it must provide early and continuous public participation. Preparing and publishing this program is a key part in notifying the community about early and continuous public participation. The attached memorandum includes a proposed public participation program to support the review process. GMA GRANT: The City received a $10,000 grant to support the mandated periodic review. The first $9,000 of the grant must be spent by June 30, 2014, with the remaining $1,000 required to be spent by June 30, 2015. Because we are altering what we originally proposed, the schedule in the grant has been amended. (See attachments for grant amendment.) Council Action: The purpose of the discussion is to brief the City Council on the comprehensive plan review and update process, to receive any direction the City Council might want to include in the update process, and to adopt a public participation plan to support the process. it Medina City Council Regular Meeting AGENDA ITEM 10.4 Monday, June 9, 2014 The Watershed Company has conducted a review of the critical areas and staff will be working with the Planning Commission to develop recommendations on updates to the plan and development regulations. Attachments: 1. Memorandum: Comprehensive Plan Update — Public Participation Program 2. Department of Commerce GMA Checklists 3. Amendment GMA Grant Application — Scope of Work Bud e�et/Fiscal Impact: $10,000 GMA Grant is supporting the u dap to process Approve Public Participation Program and provide any Staff Recommendation: direction council wants incorporated into the review process. City Manager Approval: �" J.,___ — Move Move to approve the Public Participation Program outlined Proposed Council Motion: in the June 9, 2014 Comprehensive Plan Update — Public Participation Program Memorandum. 168 /_A aIF_T4:I►Vi14ki11fiI CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov MEMORANDUM To: City Council From: Robert Grumbach, AICP Date: June 9, 2014 Subject: Comprehensive Plan Update — Public Participation Program Introduction: The City is required to conduct a periodic review and updates to the entire comprehensive plan and development regulations pursuant to RCW 36.70A.130(5). The next update is requires to be completed by June 2015. Associated with this has been the continued following -up on a community survey conducted in 2009 to determine what was important to Medina residents regarding planning and development. This survey served as the starting foundation that produced updated zoning regulations and permitting procedures set forth in the new Unified Development Code. Significantly, a question about the community's overall view about the Medina Comprehensive Plan was presented in the survey. Nearly 60 percent of the responses said the comprehensive plan for the most part reflected their values and visions, but could use minor changes to make it better. Another 22 percent said it needed major changes to make it better. Only 15 percent of the respondents indicated that the comprehensive plan reflected their values and visions without a need for change. As a result of the survey, it has been discussed incorporating the community's aspiration to broadly review the comprehensive plan with the state mandated periodic review. Review and Update Process: There are four major steps in the review and update process associated with periodic review: 1. Establish a public participation program; 2. Review relevant plans and regulations; 3. Take legislative action; 4. Submit notice to the state. DRAFT ATTACHMENT 1 Jurisdictions are required to establish a public participation program that identifies procedures and schedules that provide the public an opportunity to participate in the periodic update. The key component of the program is that it must provide early and continuous public participation. Preparing and publishing this program is a key part in notifying the community about early and continuous public participation. Please note that the entire schedule does not have to be established at the beginning of the process as long as effective notice is provided for all of the steps in the review process. However, at this time it does not appear to be feasible to combine the state mandated periodic review with the broader review expressed in the 2009 community survey. The community survey goal requires a community visioning process to determine the scope of changes and to do this in a meaningful way could be time consuming. Given recent community priorities such as the tree code, boarding houses, construction mitigation plans updates, and other priorities, it is unlikely with current resources that the community visioning process and follow-up could be completed by the June 2015 deadline. In the alternative, given the current resources, it may be better to separate the two efforts into two process tracks with the first track addressing the mandatory periodic review items and the second track addressing the broader comprehensive plan review per the community survey. Possible Update Procedures: The following is an outline of the update procedures. (Note: this is presented as a single track, but can be modified based on the City's approach.) START THE PROCESS: Review GMA Checklists: Review GMA checklists with Planning Commission & City Council Send postcard and mailed notices to the community, adjacent Scoping Notice: communities, and appropriate agencies involving the GMA Checklist ASSESS EXISTING CONDITIONS: Compile existing Assess existing plan elements and regulatory measures per conditions: those outline in the start process (the optional community update would incorporate a public visioning process) Update Goals: Update goals with Planning Commission and City Council per assessment I IPfATF P1 AN' • Update plan elements: Update land use, housing, economics, transportation, recreation, utilities and capital facilities elements DRAFT 170 ATTACHMENT 1 • Review Plan Conduct workshops/ study sessions with the Planning Commission and City Council on updated elements • Conduct Planning After providing community notice, conduct early Planning Commission hearings Commission hearings on proposed plan • Publish/ distribute plan Publish proposed updated plan and provide notification to the community and interested parties • SEPA Checklist Prepare SEPA Checklist based on plan/ regulations • Conduct open house on Conduct open house plan UPDATE REGULATIONS: • Update Regulations • Review Regulations • Publish/ distribute plan Review and adopt: • Conduct Planning Commission hearings on plan/ regulations • Develop PC Recommendations • Conduct City Council hearings on plan/ regulations • Edit/ publish adopted documents Complete proposed updates to ordinances, codes and other particulars per results of the updated plans and checklists Conduct workshops/ study sessions with the Planning Commission and City Council Publish proposed updated plan and provide notification to the community and interested parties After providing community notice, conduct Planning Commission hearings Base recommendations to council on results of the public hearing and comments received Conduct City Council hearing(s) after notice Edit and publish final plan, regulatory measures, and SEPA checklist Comprehensive Plan Update — Public Participation Plan The Growth Management Act requires that the City of Medina establish procedures providing for early and continuous public participation in the development and amendment of the city's comprehensive plan and development regulations. The following procedures will achieve this purpose: PUBLIC PARTICIPATION OBJECTIVES: • Meet state guidelines; • Encourage input from stakeholders; • Educate the public on the Growth Management Act and the Medina Comprehensive Plan and development regulations; • Gain the informal consent of stakeholders and decision makers. DRAFT iVa /_N aIF_Td:I►Vil4kikSiI GUIDING COMPREHENSIVE PLAN GOALS AND POLICIES: • Land Use — Goal 3: To maintain active community involvement in land use policy and regulations. • Land Use — Policy 8: The City shall encourage and facilitate public participation in all land use planning process. • Land Use — Policy 9: The City shall afford due consideration to all stakeholders prior to any land use decision. GUIDING PRINCIPLES: • Communicate the purpose, scope and objectives for updating the comprehensive plan and development regulations throughout the duration of the update process (i.e.: schedule, decision milestones, progress, and involvement opportunities). • Conduct public involvement consistent with the goals and policies of the Medina Comprehensive Plan, the Growth Management Act, and consistent with transparent and open government. • Key outreach efforts will be made to a diversity of groups including, but not limited to the following: o Residents; o Park Board; o Planning Commission and City Council members; o Local and state agencies of interest; o Neighboring communities and others that have expressed an interest in Medina's comprehensive plan update process. • Keep all written communications clear, concise, objective and free of technical jargon; • Use the City's website, City mailings and newsletters, and other media to provide and distribute general information to the public; • Communicate and distribute information/ feedback regularly to participants, and at intervals to interested/ affected parties. • Use community resources and energies effectively and efficiently, and consider the relative cost-effectiveness of alternative techniques to achieve objectives. DRAFT 4 172 /_A aIF_Td:I►Vil4kikMI PUBLIC PARTICIPATION METHODS AND TOOLS: Scoping Notice Staff will complete and submit GMA comprehensive plan and regulations checklists for review by the Washington State Department of Commerce, Puget Sound Regional Council and King County. The checklists assessments and proposed update scope of work will be published in a public scoping notice inviting interested jurisdictions and citizens to provide comment. Website Staff will develop an area on the city's website devoted to the comprehensive planning update process including schedules, prepared documents, notices and other information. Postcard mailings Staff will utilize postcard mailings to property owners within the city boundaries as a means for providing notice to direct interested parties to the City's website for information, and to notifying the community of key events in the update process. Newsletter/ e-aov delive Staff will publish public information newsletters as a means of informing and generating public interest and comment on the comprehensive plan and regulations update process. The documents will be organized as e -newsletters to be distributed by e-gov delivery to all parties who have signed up requesting to receive such notices. Survey Staff will conduct a survey of all resident households on the second track of the update to determine resident assessments of existing conditions, proposed plans and projects, and comprehensive plan and development regulations issues. Planning Commission workshops Staff will review the results of the comprehensive plan and regulations update process tasks at a series of public workshops with the Planning Commission. The workshops will cover the results of the GMA checklist assessment of existing comprehensive plan and regulations, the update scoping notice, updated plan elements, updated regulatory measures, a SEPA checklist on proposed plan, and final proposed comprehensive plan and implementation. DRAFT G� 173 /_A aIF_Td:I►Vil4kiltfiI Open house The Planning Commission will host and staff will conduct public open houses where residents may view and comment on proposed updated provisions to the comprehensive plan and development regulations. Public hearings The Planning Commission and City Council will each conduct public hearings on the proposed updated comprehensive plan and development regulations in accordance with GMA provisions prior to taking action on adoption. Public comments Written comments by mail or email will be encouraged and accepted by staff at all venues of the process including the scoping notice, on the webpage, survey, Planning Commission workshops, open houses, and during Planning Commission and City Council public hearings. Public comments should be submitted to Development Services, Comprehensive Plan Update, 501 Evergreen Point Road, Medina, WA 98039, (425) 233-6416, rgrumbach@medina-wa.gov. DRAFT n 174 ATTACHMENT 2 Department of Commerce Innovation is in our nature. Expanded Comprehensive Plan Checklist A Technical Assistance Tool From Growth Management Services — update: July 2013 Instructions: This checklist is intended to help jurisdictions update their comprehensive plan, as required by RCW 36.70A.130(4 & 5). We encourage but do not require jurisdictions to complete the checklist and return it to Growth Management Services (GMS). This checklist is for local governments fully planning under the Growth Management Act (GMA), not for those planning for resource lands and critical areas only. For general information on update requirements, refer to Keeping your Comprehensive Plan and Development Regulations Current: A Guide to the Periodic Update Process under the Growth Management Act and WAC 365-196-610. Bold items are a GMA requirement. Other items may be requirements of other state or federal laws, best practices, or ideas to consider. Highlighted items are links to Internet sites. Dates are included for recent additions or amendments to the GMA. If you have questions, call GMS at (360) 725-3066. Checklist Topics: Land Use 1 Housing 6 Capital Facilities 7 Utilities 10 Rural 10 Transportation 11 Economic Development 14 Park and Recreation 15 Shoreline 16 Essential Public Facilities 16 Optional Elements 17 Consistency 17 Public Participation 17 1. The Land Use Element should be consistent with countywide planning policies (CWPPs) and RCW 36.70A.070(1), and should consider, WAC 365-196-400, WAC 365-196-405, WAC 365-196-300 through 345 a. The element integrates relevant county -wide planning policies into ❑ Consistency with PSRC and King the local planning process, and ensures local goals and policies are countywide planning Countywide consistent. For jurisdictions in the Central Puget Sound region, the policies Planning Policies plan is consistent with applicable multicounty planning policies. ❑ Consistency with will be reviewed for WAC 365-196-305 multicounty planning updates and policies, where discussed with City applicable Council b. The element includes a future land use map (or maps). ❑x Land use map No update Maps fulfill the requirement to show the general distribution of Figure 2, Page 19 necessary land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. RCW 36.70A.070(1) and WAC 365-196-400(2)(d) The future land use map shows city limits and urban growth area (UGA) boundaries. RCW 36.70A.110(6), RCW 36.70A.130, WAC 365-196-310 and WAC 365-196-405(2)(i)(ii). Updated through laws of 2012 175 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed c. The Land Use Element includes population densities, building ❑ Population • Population intensities, and estimates of future population growth. RCW projection uses information will 36.70A.070(1) WAC 365-196-405(2)(i) suggests including a table latest forecast be updated to with the range of dwelling units per acre allowed in each land use Population information the latest PSRC designation and implementing zone as a projection of existing and is found on Page 10 and small area projected development capacity. 11 population and • Population has employment The plan should also indicate the population for which it is decreased from estimates to 2035 planning, which should be consistent with the Washington Office 3,011 to 2,969 of Financial Management's forecast for the county or the county's • Housing units have sub -county allocation of that forecast, and should be the same for decreased from all comprehensive plan elements, and is. If OEM population 1,165 to 1,162 projection is not used, the plan includes the rationale for using (Note: 1,111 units is another figure. RCW 43.62.035 and WAC 365-196-405(f) cited in comp plan Counties should indicate the percentage of county -wide population from 2000) growth allocated for urban growth areas. This allocation should be • Occupied housing consistent with GMA goals of encouraging urban growth in urban as decreased from areas, reducing sprawl, and ensuring public facilities and services 1,111 units to 1,061 are efficiently provided. WAC 365-196-405 (f) units in 2010 d. Urban densities and urban growth areas (UGAs) have been 0 UGA review No update reviewed. RCW 36.70A.130(3)(a), (5), and (6) and WAC 365-196- (required every 8 necessary — 310(2) years) Medina's UGA By definition, urban growth areas all incorporated lands in cities contained by Hunts and town, and unincorporated urban growth areas designated by a Point, Bellevue, county. A review should be completed as part of the 8 -year Clyde Hill and Lake update under RCW 36.70A.130. Review WAC 365-196-310(2) for Washington suggestions on evaluating and designating UGAs. Supporting information should include: selected population growth forecast scenario RCW 43.62.035; population allocation and percentage of land devoted to urban, rural, and resource uses (counties) RCW 36.70A.070(1); land capacity analysis for UGAs, ability to provide urban services. RCW 36.70A.110, CWPPs and WAC 365-196-310. There should be a coordinated approach to planning for development in urban growth areas, especially among adjacent jurisdictions. WAC 365-196-330 Urban growth areas (incorporated or not) must plan for urban densities and urban services. If a county designates a fully contained community (FCC), part of the county's population allocation should be reserved for the FCC. RCW 36.70A.350(2) If a potential UGA expansion area is within the 100 -year flood plain of major western Washington rivers, consider RCW 36.70A.110(8). Page 2 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 176 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed 0 Reasonable No update e. If a buildable lands analysis shows measures needed to ensure measures adopted if necessary appropriate densities, such measures have been adopted. 'CW needed 36.70A.215 and WAC 365-196-3-, The Buildable Lands Program Guideline includes a list of measures. f. The element considers planning approaches that increase 0 Planning for physical No update physical activity, such as neighborhood commercial nodes to allow activity necessary walking and cycling to local services, transit- or pedestrian- Page 43 & 47, Non - oriented development, linear parks and trail networks, and siting motorized schools and other public facilities within neighborhoods to allow Transportation Plan easy walking RCW 36.70A.070(1) and /AC 365-196-405 (2)(j) g. Lands useful for public purposes such as utility corridors, 0 Public use lands No update transportation corridors, landfills, sewage treatment facilities, Page 19, Land Use Plan necessary stormwater management facilities, recreation, schools, and other shows existing schools, public uses are identified. RCW 36.70A.150 parks, utilities and RCW 36.70A.150 requires that a prioritized list of acquisitions be public facilities developed. [The list need not be part of the comprehensive plan.] RCW 36.70A.150 and WAC 365-196-340 ❑ List of acquisitions h. Open space corridors within and between urban growth areas, 0 Open space No update including lands useful for recreation, wildlife habitat, trails, and corridors necessary connection of critical areas are identified. RCW 36.70A.160 and Page 19, Land Use WAC 365-196-335 Plan, and Page 47 show open space designations and existing and proposed pathways for connecting recreational facilities i. If an airport is within or adjacent to the jurisdiction, the plan 0 No incompatible Not applicable includes policies, land use designations, and zoning to discourage uses near airports the siting of incompatible uses adjacent to general aviation airports. RCW 36.70.54- and WAC 365-196-455 See www.wsdot.wa.aov/aviation/Planning/defau'- for guidance. ❑ WSDOT notified Any planning adjacent to or within the "imaginary surface" areas of general aviation airports must consult with the Aviation Division of WSDOT. j. If a U.S. Department of Defense (DoD) military base employing 100 0 No incompatible Not applicable or more personnel is within or adjacent to the jurisdiction, the uses near US DoD plan must include policies, land use designations, and consistent bases zoning to discourage the siting of incompatible uses adjacent to military base. RCW 36.70A.530(3' and WAC 365-196-471 ❑ Base commander See Map of U.S. bases to help make determination of applicability. notified If applicable, inform the commander of the base regarding amendments to the comprehensive plan and development regulations on lands adjacent to the base. Page 3 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 177 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed k. Where applicable, the Land Use Element includes a review of ❑ Stormwater Updates to the drainage, flooding, and stormwater run-off in the area and planning City's capital storm nearby jurisdictions and provides guidance for corrective actions • Page 57, Major system will be to mitigate or cleanse those discharges that pollute waters of the Drainage Basins and incorporated into state. RCW 36.70A.70(1); WAC 365-196-405(2)(c) Page 59, plan RCW 90.56.010(26) defines waters of the state. Stormwater/ Capital Jurisdictions subject to U.S. Environmental Protection Agency (EPA) Improvement National Pollution Discharge Elimination System (NPDES) Phase 1 Projects and Phase 2, should comply with all permit requirements. • Page 52 contains a All local governments are also encouraged to: narrative and page • Adopt the State Department of Ecology's Stormwater Manual 53 contains policies for Eastern or Western Washington or the equivalent, that pertain to • Incorporate relevant land -use recommendations from adopted stormwater local watershed plans. • MMC 13.06.080 www.ecy.wa.gov/watershed/index.html. adopts the DOE • Adopt a clearing and grading ordinance if not already existing Stormwater Manual (See Technical Guidance Document for Clearing and Grading in for Western Western Washington). Washington • Appendix J (Grading) of the International Building Code adopted (MMC 20.40.115 Page 4 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 178 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed I. Critical areas are designated RCW 36.70A.170 and WAC 365-190- ❑ BAS used to Chapter 18.12 MMC 080 Best available science (BAS) is used to protect the functions designate and (Critical Areas and values of critical areas, and give "special consideration" to protect critical areas Ordinance) will be conservation or protection measures necessary to preserve or • Page 21— 23 contain reviewed for BAS enhance anadromous fisheries. RCW 36.70A.172 and WAC 365- Natural Environment and updates 195-900 through 925 Elements pertaining incorporated Plan policies should address the five critical areas listed in RCW to critical areas accordingly. 36.70A.030(5) (a) wetlands; (b) areas with a critical recharging • 2005 inventory effect on aquifers used for potable water; (c) fish and wildlife indicated wetlands, habitat conservation areas; (d) frequently flooded areas; and (e) fish & wildlife and geologically hazardous areas. See Critical Areas Assistance geologically Handbook(2007) and Small Communities Critical Areas Ordinance hazardous areas Implementation Guidebook (2007). Follow the process in WAC within the city 365-195-915 to document decisions. boundaries • BAS incorporated in Endangered Species: If there are anadromous fisheries, or if the the 2005 update. jurisdiction affected by an Endangered Species Act (ESA) 4(d) rule, the comprehensive plan should contain policies guiding decisions which may impact listed species. Special consideration may include: • Revisions to zoning to protect habitat • Revisions to the location of planned capital facilities • Revisions to stormwater regulations or clearing and grading ordinances Establishment or maintenance of monitoring programs to ensure that habitat is being maintained, See WAC 365-195-920. k. Critical Aquifer Recharge Areas:(Required if jurisdictions draw ❑D CARAs protect Not applicable groundwater for potable water or need to manage threats to water quality and exempt wells.): WAC 365-190-100 quantity • The plan protects the quality and quantity of ground water used for public water supplies. RCW 36.70A.070(1) See Ecology's guidance on Critical Aquifer Recharge Areas (CARAs) • For water quality, policies and implementing regulations should regulate hazardous uses in critical aquifer recharge areas (CARAs) and protect wellhead areas. See Ecology's Groundwater Quality Information • For water quantity, policies and implementing regulations should limit impervious surfaces, encourage water conservation measures, and consider Water Resource Inventory Assessment (WRIA) plans. See Ecology's Stormwater Programs for more information. Page 5 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 179 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed 1. Natural Resource Lands (NRLs) designated and conserved: RCW Not applicable 36.70A.170 RCW 36.70A.060 NRLs include forest, agricultural, and mineral resource lands. See process to classify and designate at ❑x TDR or PDR program WAC 365-190-040. for forest or If forest or agricultural lands of long-term commercial agricultural lands significance are designated inside UGAs, they must be subject to inside UGAs transfer and/or purchase of development rights (TDR, or PDR). RCW 36.70A.060(4) m. Designate and Conserve Forest Resource Land: RCW 36.70A.170 ❑x Forest lands Not applicable RCW 36.70A.060 Forest land is defined at RCW 36.70A.030(8). designated Review WAC 365-190-060 for recommendations on forest lands. n. Designate and conserve agricultural resource lands (ARLs): RCW ❑X Agricultural lands Not applicable 36.70A.170 and RCW 36.70A.060 designated ARLS are defined at RCW 36.70A.030(2). See WAC 365-190-050 for recommendations to designate, and WAC 365-196-815 to protect ❑x Limit accessory agricultural lands. Land use and policies should discourage uses on agricultural incompatible uses around natural resource areas. lands RCW 36.70A.177(3) includes innovative techniques to conserve agricultural land and permitted accessory uses. o. Designate mineral resource lands: ❑8 Review mineral Not applicable RCW 36.70A.131 requires consideration of new information resource lands including data available from the Department of Natural Resources relating to mineral resource deposits when reviewing mineral resource land designations. Minerals defined in RCW 36.70A.030(11) to include sand, gravel and valuable metallic substances. See WAC 365-190-070 for guidance on designation. p. Development outside UGAs: If applicable, development planned ❑x If applicable, Not applicable outside UGAs must be consistent with the following: development Major industrial development: RCW 36.70A.365 and WAC 365-196-435 outside UGA consistent with Master planned development: RCW 36.70A.367 and WAC 365-196-470 RCW Master planned resorts RCW 36.70A.360, RCW 36.70A.362, and WAC 365-196-460 2. The Housing Element is intended to ensure the vitality and character of established residential neighborhoods, encourage the availability of affordable housing to all economic segments of the population, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. It should be consistent with relevant CWPPs, RCW 36.70A.070(2), and should consider WAC 365-196-410. Page 6 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 180 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed a. Include an inventory of existing housing units and an analysis ❑ Inventory of Update to include the number (and type) of housing units necessary to provide for existing housing results from 2010 projected growth over the planning period. RCW and projected Census and PSRC 36.70A.070(2)(a) and WAC 365-196-410(2)(b) and (c) and housing needs small area population Commerce's Assessing Your Housing Needs (1993, Updated by using latest and household March 2013) population projections to 2035 projection Page 33, Table 2 Update to include a contains housing data needs analysis from 2000 census b. Include goals, policies, and objectives for the preservation, ❑x Goals, policies for improvement, and development of housing. RCW housing 36.70A.070(2)(b) and WAC 365-196-410(2)(a). Page 34 — 35 c. Identify sufficient land for housing, including but not limited to, No update necessary government -assisted housing, housing for low-income families, ❑x Identify sufficient City is built -out and manufactured housing, multifamily housing, group homes, and land for housing MMC contains foster care facilities. RCW 36.70A.070(2)(c) regulations for ADU, Adult Family and Family Day Care Homes, and Manufactured Homes Page 7 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 181 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed d. Provisions for existing and projected housing needs of all ❑ Affordable housing No update necessary, economic segments of the community. RCW 36.70A.070(2)(d) planned however, may Affordable housing is defined as when the total housing costs, Page 33 update to add including basic utilities, does not exceed 30 percent of the income evaluation of market limit (for renters, 50 percent or less of the county median family income, adjusted for family -size, and for owners, 80 percent or less of the county median family income, adjusted for family size for owners). WAC 365-196-410(e)(i)(C) (I -V) WAC 365-196-410(2)(e)(iii) recommends an evaluation of the extent to which the existing and projected market can provide housing at various costs and for various income levels, and an estimation of the present and future populations that would require assistance to obtain housing they can afford. This section should also identify existing programs and policies to promote adequate affordable housing and evaluate their effectiveness. If enacting or expanding affordable housing programs under RCW 36.70A.540, the plan should identify certain land use designations where increased residential development will assist in achieving local growth management and housing policies. Examples include: density bonuses within urban growth areas, height and bulk bonuses, fee waivers or exemptions, parking reductions, expedited permitting conditioned on provision of low-income housing units, or mixed use projects. 3. The Capital Facilities Plan (CFP) Element must be consistent with county -wide planning policies and RCW 36.70A.070(3), should consider WAC 365-196-415, and should serve as a check on the practicality of achieving other elements of the plan. This element should cover all the capital facilities planned, provided, and paid for by public entities including to local government and special districts, etc. This should include water systems, sanitary sewer systems, storm water facilities, schools, parks and recreational facilities, police and fire protection facilities. Capital expenditures from park and recreation elements, if separate, should be included in the capital facilities plan element. For additional information see Making Your Comprehensive Plan a Reality: A Capital Facilities Preparation Guide Washington Department of Community Trade and Economic Development (CTED), 1993. a. Goals and policies relating to investment in capital facilities, levels • Page 53 contains goals of service and regulatory strategies for concurrency to guide and policies for capital decisions. RCW 36.70A.120 and WAC 365-196-415 facilities. • Ordinance No. 887 contains updated goals and policies for parks and recreation (Element 6) Page 8 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 182 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed b. Inventory showing the locations and capacities of existing capital ❑x Inventory of existing Updates to facilities owned by public entities RCW 36.70A.070(3)(a) and WAC facilities reflect new 365-196-415(2)(a) recommends the inventory include water, . Map of existing capital replacement sanitary sewer, stormwater, solid waste management, school, facilities — page 55 facilities park, and recreation facilities, police and fire protection facilities. . Narrative of existing The element should reference water or other system plans, capital facilities page indicate locations of facilities, and show where systems currently 51- 53 have unused capacity. Public services and facilities are defined in RCW 36.70A.030(12) and (13). c. Adopted levels of service (LOS)for public services. ❑ Adopted LOS. Verify and publish LOS d. Forecast of future needs to maintain adopted levels of service Verify and over the planning period. RCW 36.70A.070(3)(b) requires a I] Forecast of future correlate with forecast of future needs, and WAC 365-196-415 (b) recommends needs current PSRC the forecast be based on projected population densities, and City is built out with small area distribution of growth over the planning period. This section limited ability for added population and should consider whether the jurisdiction has sufficient water new development household rights, sewage treatment, or other needed public facilities to projections support the plan's projected 20 -year growth. This may also consider system management or demand management strategies to meet forecast need. e. Proposed locations and capacities of expanded or new capital N Proposed locations Not applicable — facilities. RCW 36.70A.070(3)(c) requires proposed locations and and capacities of services capacities, and WAC 365-196-415 (3)(C) suggests that the phasing expanded or new complete within schedule in the Land Use Element should dictate when and where facilities. UGA with no capital facilities will be needed over the 20 -year life of the plan. expansion Consider if the concurrency ordinance or other mechanisms have necessary. been effective in providing public facilities and services concurrent with development f. Six -year plan (at least) to finance planned capital facilities within ❑x Six -year funding plan No update is projected funding capacities, and identifies sources of public consistent with comp necessary money for such purposes. RCW 36.70A.070(3)(d), RCW plan 36.70A.120 and WAC 365-196-415(c)(i) Six -Year CIP is updated This CFP should include all public expenditures for capital expenses annually in July including water, sewer, transportation, etc. WAC 365-196- 415(2)(c)(ii) suggests that the plan be updated at least biennially so ❑x Impact fees used only that financial planning remains sufficiently ahead of the present for for projects included in concurrency to be evaluated. the CFP If impact fees are collected, the public facilities for which money Not applicable is to be spent on must be included in this element. RCW 82.02.050(4) and WAC 365-196-850 Page 9 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 183 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed Policy to reassess the Land Use Element if probable funding falls ❑x Land Use reassessment No update is short of meeting existing needs and to ensure that the Land Use policy included necessary Element, Capital Facilities Element, and financing plan within the Page 53 — Policy CF -P2 Capital Facilities Element are coordinated and consistent. [RCW 36.70A.070(3)(e) and WAC 365-196-415(2)(d)(iii)(F) recommends that the plan set forth how pending applications for development will be affected while such a reassessment is being undertaken. Page 10 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 184 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed • The Utilities Element should relate to all services provided, planned for, paid for, and delivered by providers other than the jurisdiction. This should be consistent with relevant CWPPs and RCW 36.70A.070(4), and should consider WAC 365-195-420. a. The general location, proposed location, and capacity of all ❑x General location Verify and update existing and proposed utilities, including, but not limited to, and capacity of information as electrical lines, telecommunication lines, and natural gas lines, existing and needed RCW 36.70A.070(4). WAC 365-195-420 recommends goals and proposed facilities policies relating coordination in construction, permits, utility Electrical, Natural corridor use and management. Counties and cities should evaluate Gas, Cable and whether any utilities should be identified as essential public Telephone are facilities in case of siting difficulties. described on page 61 5. The Rural Element (counties only) should be consistent with RCW 36.70A.070(5), RCW 36.70A.030(15) through 17 , and consider RCW 36.70A.011 and WAC 365-196-425. Rural lands are lands not designated for urban growth, or designated as agricultural, forest, or mineral resource lands. For additional information, see Keeping the Rural Vision: Protecting Rural Character & Planning for Rural Development, 1999. a. A definition of rural character and rural development consistent ❑x Definition of rural Not applicable with RCW 36.70A.030, (15), (16), and (17). WAC 365-196-425(2) character provides suggestions. b. Allows forestry, agriculture, and a variety of rural densities and I] Variety of Not applicable uses. RCW 36.70A.070(5) See WAC 365-196-425(3) for examples of densities rural densities. The plan may include optional techniques such as limited areas of more intensive rural development (LAMIRDs), clustering, density transfer, design guidelines, and conservation easements to accommodate rural uses not characterized by urban growth as specified in RCW 36.70A.070(5)(d). See WAC 365-196- 425(5) for innovative zoning techniques. c. A written record explaining how the rural element harmonizes 0 A written record Not applicable the planning goals and meets the requirements of the Growth relating to rural Management Act. RCW 36.70A.070(5)(a). WAC 365-196-425(1) A character county may consider local circumstances in establishing patterns of rural densities and uses, but must develop a written record of the rural element harmonizes the planning goals and meets the requirements of the act. d. A definition of rural governmental services needed to serve the ❑x Definition of rural Not applicable permitted densities and uses, and a policy that limits urban services services in rural areas RCW 36.70A.110(4). RCW 36.70A.030((17) and WAC 365-196-425(4) recommends some definitions of rural services and provides suggestions for appropriate level of service standards. Page 11 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 185 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed e. Measures protecting rural character. RCW 36.70A.070(5)(c) ❑x Measures to Not applicable Measures include containing/controlling development, assuring protect rural visual compatibility, reducing inappropriate conversion to low- character density sprawl, protecting critical areas, and protecting against conflicts with natural resource lands. f. If designated, limited areas of more intense rural development OLAMIRDs Not applicable (LAMIRDs) are consistent with RCW 36.70A.070(5)(d). See WAC designated and 365-196-425(6) for guidance relating to LAMIRDs. regulated Commerce suggests that jurisdictions consider Growth consistent with Management Hearings Board cases and Commerce's Keeping the GMA Rural Vision: Protecting Rural Character & Planning for Rural Development, 1999 for guidance on appropriate rural densities and levels of governmental services in LAMIRDs. 6. The Transportation Element should be consistent with relevant CWPPs and RCW 36.70A.070(6), RCW 36.70A.108, and should consider WAC 365-196-430 and Your Community's Transportation System: A Guide to Updating and Implementing your Transportation Element (2012) a. The element includes goals and policies for roadways; fixed route Goals and policies are Updates to policies and demand response public transit; bicycle and pedestrian described on pages 43 related to the SR -520 travel; water, rail, air, and industrial port and intermodal facilities; and 44 for motorized project passenger and freight rail; and truck, rail, and barge freight and non -motorized mobility. WAC 365-196-430(2)(b)] transportation The element should include policies and provisions consistent with regional efforts to reduce criteria pollutants from mobile sources. WAC 173-420-080 If the planning area is within a National Ambient Air Quality Standards nonattainment area, WAC 365-196-430(2)(d) recommends including a map of the nonattainment area, severity of the violation, and measures to be implemented consistent with the state implementation plan for air quality. b. An inventory of air, water, and ground transportation facilities ❑x Transportation Updates to changes and services, including transit alignments, state-owned inventory in transit services transportation facilities, and general aviation airports to define . Regional, public existing capital facilities and travel levels as a basis for future transit and non - planning. RCW 36.70A.070(6)(a)(iii)(A). WAC 365-196-430(2)(c) motorized facilities provides recommendations for meeting inventory requirements. are described on pages 37-41 Page 12 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 186 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed c. The element includes regionally coordinated level of service ❑x Levels of service Review for (LOS) standards for all arterials and transit routes, LOS for for all facilities; consistency with highways of statewide significance, and LOS for other state local, regional, and METRO highways consistent with the regional transportation plan. RCW state 36.70A.070(6)(a)(iii)(B) LOS is described on WAC 365-196-430(2)(e)(v) recommends LOS be set to reflect page 39 for streets access, mobility, mode -split and capacity goals. WAC 365-196- and page 40 for public 430(2)(e)(vi) recommends that measurement methodology and transit standards vary based on the urban or rural character of the surrounding area. Also, balance community character, funding capacity, and traveler expectations. In urban areas, WAC 365- 196-430(2)(e)(vii) recommends methodologies for analyzing the transportation system from a comprehensive, multimodal perspective. d. The element identifies specific actions and requirements for ❑x Concurrency No update is bringing into compliance locally owned transportation facilities City is built -out and necessary and services that are below an established LOS standard. RCW current traffic levels 36.70A.070(6)(a)(iii)(D) and WAC 365-196-430(2)(g) are within adopted Concurrency policies must be consistent with RCW LOS 36.70A.070(6)(b), and consider multimodal improvements RCW 36.70A.108. Strategies such as increased public transit, ride sharing programs, and other multimodal strategies may be used to ensure that development does not cause service to decline on a locally owned facility below adopted levels of service. f. The element describes existing and planned transportation ❑x TDM Strategies Not applicable — demand management (TDM) strategies, such as HOV lanes, there are no major parking policies, high occupancy vehicle subsidy programs, etc. employers or RCW 36.70A.070(6)(a)(vi). WAC 365-196-430(2)(i) provides destination within suggested TDM strategies. city boundaries If required, a commute trip reduction plan to achieve reductions in the proportion of single -occupant vehicle commute trips has been adopted consistent with the comprehensive plan and submitted to the regional transportation planning organization. RCW 70.94.527. g. The element includes a pedestrian and bicycle component. RCW ❑x Bicycle and 36.70A.070(6)(a)(vii). WAC 365-196-430(2)(j) recommends pedestrian planning jurisdictions inventory existing pedestrian and bicycle facilities, . Page 47 — Non - and identify and plan improvements for facilities. Improvements motorized could focus on safe routes to school, hazard areas, or pedestrian- Transportation generating areas, and should be funded in capital facility or Plan transportation improvement plans. See Bicycle and pedestrian . Goals and Policies planning information and resources at on page 43 — 44 www.wsdot.wa.gov/Walk/default.htm and include pedestrian www.wsdot.wa.gov/bike/default.htm. and bicycle components Page 13 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 187 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed h. The element includes a forecast of traffic for at least 10 years, based on the Land Use Element, to provide information on the location, timing, and capacity needs of future growth. RCW 36.70A.070(6)(a)(iii)(E). WAC 365-196-430(2)(f) suggests including bicycle, pedestrian or planned transit service in a multimodal forecast. Forecasts should be consistent with regionally adopted strategies and plans. The forecast should be based on assumptions in the land use element. RCW 36.70A.070(6)(a)(i) . WAC 365-196-430(2)(a)(i) recommends counties and cities use consistent land use assumptions, population forecasts, and planning periods for both the land use and transportation elements. ❑x 10 -year Traffic forecast Oland use element assumptions used to forecast travel Medina is built out and expects minimum population growth No update is necessary i. The element identifies state and local system expansion needs ❑ Future needs PSRC and WSDOT to meet current and future demands. RCW projects for SR 520 36.70A.070(6)(a)(iii)(F). WAC 365-196-430(2)(f) recommends vehicles and transit including bicycle, pedestrian or planned transit service in needs. access and model WSDOT's Ten -Year Capital Improvement and Preservation split will be Program for state-owned facilities (Required by RCW 47.05.030) considered for is detailed in the Transportation Executive Information System inclusion if available http://www.transinfo.state.wa.us/ Click on the current projects and relevant list, select the most recent legislative final project list and you can select projects by county. j. A multiyear financing plan is included in the element based on No update is the needs identified in the comprehensive plan, the appropriate pp Funding program necessary parts of which serve as the basis for the six -year street, road, or transit program required by RCW 35.77.010 for cities, RCW TIP is incorporated 36.81.121 for counties, and RCW 35.58.2795 for public into the annual CIP transportation systems. RCW 36.70A.070(6)(a)(iv)(B). WAC 365- adoption and focuses 196-430(2)(k)(ii) recommends that the horizon year be the same on maintenance and as the time period for the travel forecast and identified needs. function of existing system The analysis should assess the identified needs against probable funding resources. RCW 36.70A.070(6)(a)(iv)(A). WAC 365.196- ❑x Funding analysis 430(2)(k)(iv) recommends counties and cities consider the cost of Not applicable — the maintaining facilities when considering new facilities, city is built out If probable funding falls short of meeting identified needs, there is a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that LOS ❑x Funding shortfall standards will be met. RCW 36.70A.070(6)(a)(iv)(C). WAC 365- strategy 196-430(2)(I)(ii) states that this review must take place, at a Not applicable — the minimum, as part of the eight -year periodic review and update city is built out and update of UGAs [eight years per 2011 amendments to RCW 36.70A.130]. Several choices for addressing funding shortfalls are provided. Page 14 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 188 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed k. The element discusses intergovernmental coordination efforts, ❑x Intergovernmental No update is including an assessment of the impacts of the transportation coordination necessary plan and land use assumptions on the transportation systems of The goals and policies adjacent jurisdictions. RCW 36.70A.070(6)(a)(v). WAC 365-196- on pages 43 and 44 430(2)(a)(iv) recommends developing transportation elements include appropriate using the county -wide planning policies to ensure they are intergovernmental coordinated and consistent with the comprehensive plans of coordination other counties and cities sharing common borders. 1. The element discusses how the transportation plan implements Update will include and is consistent with the land use element, and how it is discussion of WSDOT consistent with the regional transportation plan. RCW ❑ Plan certified by and Metro SR -520 36.70A.070(6) and WAC 365-196-430 RTPO improvements and WAC 365-196-430(2)(a)(i) recommends that consistent land use relationship to assumptions, population forecasts, and planning periods should Medina be used for both the land use and transportation elements. The transportation element must be certified by the regional transportation planning organization. RCW 47.80.23(3) and RCW 47.80.026 7. The Economic Development Element is not currently required because funding was not provided to assist in developing local elements when this element was added to the GMA. However, provisions for economic growth, vitality, and a high quality of life are important, and supporting strategies should be integrated with the land use, housing, utilities, and transportation elements. RCW 36.70A.070(7) An Economic Development Element should include: a. A summary of the local economy such as population, There are no major Employment numbers employment, payroll, sectors, businesses, and sales. RCW commercial, office, will be updated (page 36.70A.070(7)(a). WAC 365-196-435(2)(a) recommends using industrial, or other 11) population information consistent with the land use and housing employment centers elements. Employment, payroll, and other economic information or enterprises within is available from state and federal agencies. Consider gathering Medina data and information for your community data profile pertaining to business, transportation, labor, real estate, utilities, incentives, regulatory, government, and quality of life. b. A summary of the strengths and weaknesses of the local Not applicable economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing, and natural/cultural resources. RCW 36.70A.070(7)(b). WAC 365-196-435(2)(b) recommends consulting with local development organizations, economic development councils, or economic development districts. Methods for identifying strengths and weaknesses include shift - share analysis, identify of industry clusters, public input, and asset mapping. Page 15 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 189 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed c. Identification of policies, programs, and projects to foster Not applicable economic growth and development and to address future needs. RCW 36.70A.070(7)(c). WAC 365-196-435(2)(c) recommends identify policies, programs and projects that address identified weaknesses or capitalize on strengths identified by the community. Consider using performance targets to measure success. 8. A Parks and Recreation Element is not required because the state did not provide funding to assist in developing local elements when this provision was added to the GMA. However, park, recreation, and open space planning are GMA goals, and it is important to plan for and fund these facilities. RCW 36.70A.070(8). Commerce's Guidebook Planning for Parks, Recreation, and Open Space in your Community, can provide step-by-step assistance. Also see www.rco.wa.g-ov/doc_pages/index.shtml for additional assistance. A Parks and Recreation Element should include: a. Goals and policies to guide decisions regarding facilities. WAC Parks and open No update is 365-196-440(2)(b) recommends a visioning process to engage the spaces are in Element necessary public in identifying needs, evaluating existing recreational 6, which was updated opportunities, and developing goals for the parks and recreation by Ordinance No. 887 element. b. Estimates of park and recreation demand for at least a ten-year Included by Ordinance No update is period based on adopted levels of service and population growth. No. 887 necessary RCW 36.70A.070(8)(a). WAC 365-196-440(2)(c) recommends establishing levels of service standards that reflect community goals. LOS should focus on those aspects that relate most directly to growth and development. c. An evaluation of facilities and service needs over the planning Included by Ordinance No update is period. RCW 36.70A.070(8)(b). WAC 365-196-440(2)(d) lists No. 887 necessary factors to consider when estimating demand for parks, open space and recreational services. d. An evaluation of intergovernmental coordination opportunities to An evaluation of provide regional approaches for meeting park and recreational recreational demand. RCW 36.70A.070(8)(c). WAC 365-196-440(2)(f) opportunities by recommends identifying other local, statewide and regional state and adjacent recreation plans for future facilities and opportunities for public jurisdictions will be and private partnerships to meet regional demand. considered to be added e. The element is consistent with and is a part of the Capital The City is built -out No update is Facilities Element as it relates to park and recreation facilities, and presently has necessary RCW 36.70A.070(3)(e). WAC 365-196-440(2)(e) recommends park space that identification of future facilities and services consistent with the exceeds national land use and capital facilities elements. WAC 365-196- standards 440(2)(g)(iii) recommends identifying strategies for financing in Goal PO -G2 states to the parts and recreation element, a separate parks plan, or the expand and improve capital facilities element. the park system as special funds become available Page 16 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 190 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed 9. The Shoreline Element of the comprehensive plan is the goals and policies of the Shoreline Master Program (SMP). RCW 36.70A.4R The SMP goals and policies may also be included in an Environmental Element. The SMP goals and policies should be consistent with the rest of the comprehensive plan. SMP goals and policies are included in the comprehensive plan. ❑x SMP goals and No updates are 3b./UA.4�SU. When a jurisdiction updates its SMP consistent with policies. necessary Ecology's new guidelines (Chapter 173-26 WAC) and according to a schedule in RCW 90.58.080. protection for critical areas within shorelines is transferred from the critical areas ordinance to the SMP. Protection must be at least equal to that from the CAO under the GMA. 10. Provisions for Siting Essential Public Facilities (EPFs) should be consistent with CWPPs, RCW 36.70A.200, and should consider WAC 365-196-340 and This section can be included in the Capital Facilities Element, Land Use Element, or in its own element. Sometimes the identification and siting process for EPFs is part of the CWPPs. a. The plan includes a process or criteria for identifying and siting ❑x EPF identification No update is essential public facilities (EPFs). EPFs include those facilities that and siting process necessary are typically difficult to site, such as airports, state education Pages 13 - 14 and facilities, state or regional transportation facilities as defined in MMC 20.32.080 RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020,, state and local correctional facilities, solid waste handling facilities, and in -patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities(SCTF) (defined in RCW 71.09.020(14)). [RCW 36.70A.200(1)] WAC 365-196-550 provides a list of essential public facilities and suggests a potential siting process. b. Policies that address the statutory requirement that no E8No preclusion No update is comprehensive plan may preclude the siting of essential public policy necessary facilities. RCW 36.70A.200(5). WAC 365-196-550(3) list types of See 10.a comprehensive plan provisions or development regulations that could make the siting of an essential public facility impossible or impractical. c. Jurisdiction considered the Office of Financial Management's list ❑ List considered List will be reviewed of essential state public facilities that are required or likely to be built within the next six years. RCW 36.70A.200(4). (Instructions to find the list are available from GMS) Page 17 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 191 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed 11. Optional plan elements and sub -area plans may be included in the comprehensive plan. Additional elements are included in the plan, such as energy Not applicable conservation, historic preservation, natural hazards, or community design?. [RCW 36.70A.080 and WAC 365-196-445] These elements should be consistent with all other elements of the plan. Resources: Historic Preservation: A Tool for Managing Growth, Commerce, 1994, revised in 2005, Optional Comprehensive Plan Element for Natural Hazard Reduction, Commerce, 1999. If any sub -area plans included in the plan, they consistent with the Not applicable other plan elements. RCW 36.70A.080(2). 12. Consistency is required by the GMA. a. All plan elements are consistent with relevant county -wide ❑ CWPPs Update will include planning policies (CWPPs) and the GMA. RCW 36.70A.100 and Page 4 updating where 210 and WAC 365-196-400(2)(c) and 520. WAC 365-197-400(2)(c) references made to suggests CWPPs be referenced in each element, or be appended relevant King County to the plan to clearly show consistency. Some jurisdictions use a CPPs and GMA table to show consistency. b. The plan describes how all elements fit together, such as ❑ Internal Update will include a consistency of plan elements and future land use map, and consistency discussion of consistency of land use and capital facilities elements. RCW consistency 36.70A.070 (preamble). WAC 365-197-400(2)(f) recommends inclusion at the beginning of the comprehensive plan a section which summarizes how the various pieces of the plan fit together. c. Plan is coordinated with the plans of adjacent jurisdictions. RCW ❑ External The scoping and 36.70A.100. consistency subsequent draft WAC 365-196-520 suggests counties and cities circulate their documents will be proposed plans and SEPA documents with other counties and circulated for cities with which they share a common border or has related comment with regional issues. Counties and cities are encouraged to resolve adjacent conflicts through consultation and negotiation. communities as well as King County and PSRC 13. Public participation, plan amendments and monitoring a. Plan ensures public participation in the comprehensive planning ❑x Public participation A public participation process. RCW 36.70A.020(11), .035, and .140. WAC 365-196- plan is being 600(3) provides a list of possible public participation choices. developed for action by the city council Page 18 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 192 ATTACHMENT 2 Comprehensive plan provisions Page # and how Update action, if addressed in plan needed b. If the process for making amendments is included in the ❑x Broadly publicized No update is comprehensive plan: plan amendment necessary — Chapter • The plan provides that amendments are to be process. 20.83 contains considered no more often than once a year, not including process for amending the exceptions described in RCW 36.70A.130(2). WAC the comprehensive 365-196-640 ❑D Plan amendments plan • The plan sets out a procedure for adopting emergency no more than once amendments and defines emergency. RCW a year. 36.70A.130(2)(b) and RCW 36.70A.390, WAC 365-196- 650(4) c. Plan or program for monitoring how well comprehensive plan An annual review policies, development regulations, and other implementation and assessment techniques are achieving the comprehensive plan's goals and the goal will be goals of the GMA. WAC 365-196-660 discusses a potential review included in the of growth management implementation on a systematic basis. updated plan Page 19 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, advisory recommendations from the WAC, or examples of best practices. 193 ATTACHMENT 2 Department of Commerce Innovation is in our nature. DEVELOPMENT REGULATIONS CHECKLIST A Technical Assistance Tool From Growth Management Services — update July 2013 Name of city or county: City of Medina Staff contact, phone, and e-mail address: Robert J. Grumbach, (425) 233-6416, rgrumbach@medina-wa.gov Instructions: Index of Topics in Checklist This checklist is intended to help local governments update their development Critical Areas 1 regulations, as required by 'W 36.70A.130(Ll We encourage but do not Stormwater 4 require jurisdictions to complete the checklist and return it to Growth Shoreline Master Program 4 Management Services (GMS). This checklist is for local governments with a full set of requirements under the Growth Management Act (GMA), not for those Zoning Code 4 planning for resource lands and critical areas only. For general information on Rural Zoning 6 update requirements, refer to eping your Lomprenensive vian ono Resource Lands 6 .evelopment Regulations Curt ent: A Guide to the Periodic Update Process rider the Growth Management Act and WAC 365-196-610. Subdivision Code 7 Bold items are a GMA requirement. Other items may be requirements of Impact Fees 7 other state or federal laws, best practices, or other ideas to consider Concurrency and TDM 8 ighlighted items are links to Internet sites. If you have questions, call GMS at Essential Public Facilities 8 (360) 725-3066. Optional Regulations 9 Permitting Procedures 9 Plan and Regulation Amendments 1 Critical Areas Regulations protecting critical areas are required by CW 36.70A.060(2), RCW 36.70A.172(1) and WAC 365-195-900 through . Guidance can be found in CTED's Critical Areas Assistance Handbook and WAC 365- 190-080. a. The CAO uses best available science to clearly designate all ❑ All critical areas Updates will be critical areas that might be found within the jurisdiction, designated using incorporated to use 365-190-080 provides guidance on defining or "designating" Best Available best available each of the five critical areas including wetlands, critical aquifer Science (BAS) science per recharge areas, fish and wildlife habitat conservation areas, consultant 's frequently flooded areas, and geologically hazardous areas. analysis WAC 365-195-315, RCW 36.70A.172, RCW 36.70A.170(1)(d) RCW 36.70A.030(5) and WAC 365-196-830(2) b. The definition of wetlands is consistent with ❑ Wetland Updates will be 36.70A.030(21). Wetlands are delineated using the 1987 definition consistent with Wetland Delineation Manual and Regional Supplements in ❑ Wetland RCW accordance with WAC 173-a- -- . See _etiand Delineation Delineation 36.70A.030(21) and page and WAC 365-190-090 for additional assistance . Manual WAC 173-22-035 Updated through laws of 2010 194 ATTACHMENT 2 Regulations required to implement comprehensive plan Page #, and how Update action, if addressed in code needed c. Regulations protect the quality and quantity of ground water used for public water supplies. RCW 36.70A.070(1) (Required if jurisdictions draw groundwater for potable water or need to manage threats to exempt wells.) Consider: (i) Prohibiting or strictly regulating hazardous uses in critical aquifer recharge areas (CARAs) and designating and protecting wellhead areas. See Ecology's guidance on Critical Aquifer Recharge Areas (CARAs) . (ii) Limiting impervious surfaces to reduce stormwater runoff, required in many places by new stormwater permits. See Puget Sound Action Team's low impact development guidance at www.psat.wa.gov/Programs/LID.htm. ❑x Regulations protect quality and quantity of ground water Not applicable d. Fish and wildlife habitat conservation areas: Updates to buffers CAO provisions refer to the Department of Fish and Wildlife's ❑ Regulations utilizing BAS will be (DFW) Priority Habitats and Species program. See designate and incorporated wdfw.wa.gov/hab/phslist.htm for lists of priority habitats and protect fish and species, maps and management recommendations. wildlife habitat conservation areas Designation and protection should be coordinated with adjacent jurisdictions when habitat areas cross boundaries. See WAC 365- 190-130 for specific habitat conservation areas, and factors to consider for their designation and protection such as coordination when habitat areas cross -jurisdictional boundaries or provide regional benefits, or retention of large blocks of habitat. Regulations for fish and wildlife habitat conservation areas include special consideration to conservation or protection measures necessary to preserve or enhance anadromous ❑ Special fisheries. RCW 36.70A.172(1). WAC 365-195-925 lists criteria, consideration for See www.dnr.wa.gov/forestpractices/watertyping to use anadromous Washington State Department of Natural Resources (DNR)'s fisheries stream typing system. See Watershed (WRIA) Plans, DFW's Stream Habitat Restoration Guidelines, and Aquatic Habitat Guidelines. WAC 222-16-030 and Forest Practices Water Typing. e. Frequently Flooded Areas: ❑x Frequently Not applicable Classification of and regulations for frequently flooded areas flooded areas should be consistent with the Federal Emergency Management designated and Agency (FEMA) requirements for the National Flood Insurance regulated using Program. A local flood management ordinance may be integrat- FEMA and Ecology guidance Page 2 — Updated through laws of 2012 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet sites. ATTACHMENT 2 Regulations to implement comprehensive plan Location in code Update action needed ed with regulations for frequently flooded areas. See RCW 86.16, Ecology's floodplain management assistance and WAC 365-190- 110 for more information. f. Geologically hazardous areas are designated, and their use is Update buffers per regulated or limited consistent with public health and safety ❑ Uses in consultant concerns. RCW 36.70A.030(9) and WAC 365-190-120. geohazard areas recommendation regulated or Geohazard areas defined in RCW 36.70A.030(9) and include limited areas prone to erosion hazards, landslide hazards, seismic hazards, volcanic hazards, channel migration zones, and areas subject to differential settlement from coal mines or other subterranean voids. Critical facilities, such as hospitals and emergency response centers, hazardous materials storage, etc. should be restricted in hazard zones g. Geologically hazardous areas: Designate according to criteria in N Geohazard areas No update is WAC 365-190-120. designated and necessary • Limit uses, especially facilities such as emergency response, risks managed hospitals, hazardous materials storage, etc. h. The CAO allows for "reasonable use" if the CAO would No update is otherwise deny all reasonable use of property. Reasonable use ❑x Reasonable use necessary should limit intrusions into critical areas to the greatest extent provisions possible. RCW 36.70A.370. Common exemptions include emergencies, remodels that do not further extend into critical Section 18.12.130 areas, surveying, walking, and development that have already been completed and critical areas review under a previous permit. See Critical Areas Assistance Handbook, p. 37-38. i. Non -regulatory measures to protect or enhance functions and Comp Plan Natural No update is values of critical areas may be used. These may include public Environment Element necessary education, stewardship programs, pursuing grant opportunities, contains goals and water conservation, farm planning, joint planning with other ju- policies relating to risdictions and non-profit organizations, stream and wetland res- critical areas toration activities, etc. See Critical Areas Assistance Handbook for more information. j. If applicable, regulations for forest practices have been ❑X Forest practices Not applicable adopted. RCW 36.70A.570 regulations RCW 76.09.240, amended in 2011, requires many counties over 100,000 in population, and the cities and towns within those counties to adopt regulations for forest practices. These are often included in clearing and grading ordinances. Page 3 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, or examples of best practices. Highlighted items are links to Internet sites. ATTACHMENT 2 Regulations required to implement comprehensive plan Page #, and how Update action, if addressed in code needed Stormwater Drainage and Water Quality Regulations protect water quality and implement actions to ❑x Water quality No update is mitigate or cleanse drainage, flooding, and storm water run-off provisions necessary that pollute waters of the state, including Puget Sound or waters • Storm water entering Puget Sound. RCW 36.70A.070(1) manual is adopted Regulations may include : in MMC 13.06.080 Adoption of a stormwater manual consistent with Ecology's latest • Appendix J of the manual for Eastern or Western Washington. International Adoption of a clearing and grading ordinance — See Commerce's Building Code is 2005 Technical Guidance Document for Clearing and Grading in adopted in MMC Western Washington. 20.40.030 Adoption of a low impact development ordinance. See Puget Sound Action Team's low impact development guidance. Provisions for corrective action for failing septic systems that pollute waters of the state. RCW 36.70A.070(1) Shoreline Master Program a. Zoning designations are consistent with Shoreline Master ❑x SMP-consistent No update is Program (SMP) environmental designations. RCW 36.70A.480 zoning necessary. (2010) OSMP protects b. If updated to meet RCW 36.70A.480 (2010), SMP regulations critical areas in provide protection to critical areas in shorelines that is at least shorelines equal to the protection provided to critical areas by the critical areas ordinance. RCW 36.70A.480(4) and RCW 90.58.090(4) 3. Zoning Code Must be consistent with and implement the comprehensive plan. a. Family daycare providers are allowed in all residential dwellings ❑Family daycares Update definition to located in areas zoned for residential or commercial. RCW allowed in be consistent with 36.70A.450 residential areas the RCW Family daycare provider means a child daycare provider who MMC Table regularly provides child daycare for not more than 12 children in 20.21.030 and MMC the provider's home in the family living quarters. Review WAC 20.31.020 365-196-865 for more information on family daycare providers. Page 4— Updated through laws of 2012 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet sites. ATTACHMENT 2 Regulations to implement comprehensive plan Location in code Update action needed b. Manufactured housing is regulated the same as site built ❑x No discrimination No update is housing. RCW 35.21.684, RCW 35.63.160, RCW 35A.21.312 and against necessary RCW 36.01.225. A local government may require that manufactured manufactured homes (1) are new, (2) are set on a permanent homes foundation, and (3) comply with local design standards MMC 20.31.030 applicable to other homes in the neighborhood; but may not discriminate against consumer choice in housing. National Manufactured Housing Construction and Safety Standards Act of 1974, new in 2004. C. If the city has a population of over 20,000, or the county has a L8JADUs allowed No update is population of over 125,000, accessory dwelling units (ADUs) are MMC 20.34.020 necessary allowed in single-family residential areas. RCW 43.63A.215(3) See Accessory Dwelling Unit Ordinance Study and Recommendations (1994) available from Commerce. For counties, ADU provisions in rural areas should review decisions from the appropriate hearings board. d. Residential structures occupied by ❑x No discrimination No update is a. persons with handicaps, and "familial against group necessary b. group care for children that meets the definition of homes status" are regulated the same as a similar residential structure Adult family occupied by a family or other unrelated individuals. No city or county planning under the GMA may enact or maintain ordinances, development regulations, or administrative practices which treat a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. RCW 36.70A.410, RCW 70.128.140, RCW 49.60.222-225 and WAC 365-196-860. f. Affordable housing programs enacted or expanded under RCW No update is 36.70A.540(2006) comply with the requirements of this section. necessary Examples of such programs may include density bonuses within urban growth areas, height and bulk bonuses, fee waivers or exemptions, parking reductions, expedited permitting conditioned on provision of low-income housing units, or mixed - use projects. WAC 365-196-300 Affordable housing is defined as when the total housing costs, including basic utilities, does not exceed 30% of the income limit (for renters, 50% or less of the county median family income, adjusted for family -size, and for owners, 80% or less of the county median family income, adjusted for family size). RCW 36.70A.540, and WAC 365-196-410(2)(e)(i) defines affordable housing. Page 5 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, or examples of best practices. Highlighted items are links to Internet sites. ATTACHMENT 2 Regulations required to implement comprehensive plan Page #, and how Update action, if addressed in code needed g. Regulations discourage incompatible uses around general ❑ Incompatible uses Not applicable aviation airports. RCW 36.70.547 and WAC 365-196-455. discouraged Incompatible uses include high population intensity uses such as around airports. schools, community centers, tall structures, and hazardous wildlife attractants such as solid waste disposal sites, wastewater or stormwater treatment facilities, or stockyards. For more guidance, see WSDOT's Aviation Land Use Compatibility Program. h. If a U.S. Department of Defense (DoD) military base employing ❑ No incompatible Not applicable 100 or more personnel is within or adjacent to the jurisdiction, uses near US DoD zoning should discourage the siting of incompatible uses adja- bases cent to military base. RCW 36.70A.530(3) and WAC 365-196-475 See Map of U.S. bases to help make determination of ❑ Base commander applicability. If applicable, inform the commander of the base notified regarding amendments to the comprehensive plan and development regulations on lands adjacent to the base. Rural Zoning (Counties Only) RCW 36.70A.070 (5) a. Regulations include a variety of rural densities. RCW ❑ Variety of rural Not applicable 36.70A.070(5)(b). densities b. Rural regulations allow innovative techniques such as clustering, Not applicable density transfer, design guidelines, and conservation easements to support rural character. RCW 36.70A.070(5)(b) and WAC 365- 196-425(5). Resource Lands defined in RCW 36.70A.030(2),(8), (10) a. Zoning is consistent with natural resource lands designations in ❑x Zoning designates Not applicable the comprehensive plan and conserves natural resource lands. and conserves RCW 36.70A.060(3) and and WAC 365-196-815 and WAC 365- natural resource 190(020)(6). Consider innovative zoning techniques to conserve lands agricultural lands of long-term significance. RCW 36.70A.177(2). See WAC 365-196-815(3) for examples of innovative zoning techniques. b. Regulations and assure that use of lands adjacent to natural ❑x Adjacent uses Not applicable resource lands does not interfere with natural resource don't interfere production. RCW 36.70A.060(1)(a). and WAC 365-190 R with natural Regulations require notice on all development permits and resource plats within 500 feet of designated natural resource lands that production the property is within or near a designated natural resource land on which a variety of commercial activities may occur that are Page 6 — Updated through laws of 2012 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet sites. ATTACHMENT 2 Regulations to implement comprehensive plan Location in code Update action needed not compatible with residential development for certain periods of limited duration or that an application might be made for mining -related activities. RCW 36.70A.060(1)(b), amended from 300 to 500 feet in 1998. N Notification on plat of Ag uses c. For designated agricultural land, regulations encourage 0 Nonagricultural Not applicable nonagricultural uses to be limited to lands with poor soils or uses limited on otherwise not suitable for agricultural purposes. agricultural land Accessory uses should be located, designed and operated to 0 Accessory uses support the continuation of agricultural uses. RCW regulated on 36.70A.177(3)(b) agricultural land d. Designated mineral lands and associated regulations reviewed OMineral land Not applicable as required by RCW 36.70A.131 and WAC 365-190-040(5). For regulations more information, contact DNR's Geology Division at (360) 902- 1439 or review publications at DNR Geology Publications. Subdivision Code a. Subdivision regulations are consistent with and implement OConsistent No update is comprehensive plan policies. RCW 36.70A.030(7)and subdivision necessary 36.70A.040(4)(d). regulations b. Written findings to approve subdivisions establish adequacy of 0 Written findings No update is public facilities. RCW 58.17.110(2) of adequacy necessary i. Streets or roads, sidewalks, alleys, other public ways, transit required for i-iv stops, and other features that assure safe walking conditions for students ii. Potable water supplies, sanitary wastes, and drainage ways iii. Open spaces, parks and recreation, and playgrounds iv. Schools and school grounds Other items related to the public health, safety and general welfare WAC 365-196-820(1). c. Commerce recommends that clear standards exist for streets, No update is stormwater, landscaping etc. Development permits require necessary properties with failing septic systems to connect to sewer when available. Impact Fees a. If adopted, impact fees are applied consistent with RCW 0 Impact fees Not applicable 82.02.050 through 100 WAC 365-196-850 provides guidance on consistent with how impact fees should be implemented and spent. statute Page 7 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, or examples of best practices. Highlighted items are links to Internet sites. 200 ATTACHMENT 2 Regulations required to implement comprehensive plan Page #, and how Update action, if addressed in code needed Concurrency And Transportation Demand Management a. The transportation concurrency requirement includes specific Not applicable language that prohibits development when level of service ❑p Concurrency standards for transportation facilities cannot be met. RCW ordinance 36.70A.070(6)(b) and WAC 365-196-840. [Concurrency is required for transportation, but may also be applied to park Medina is a built facilities, etc.] out community b. Measures exist to bring into compliance locally owned Not applicable transportation facilities or services that are below the levels of ❑x Measures to service established in the comprehensive plan. RCW maintain LOS 36.70A.070(6)(a)(iii)(B)and (D). Levels of service can be established for automobiles, pedestrians and bicycles. See WAC 365-196-840(3) on establishing an appropriate level of service. c. Highways of statewide significance (HSS) are exempt from the E31 HSS exempt from Not applicable concurrency ordinance. RCW 36.70A.070(6)(a)(iii)(C). the concurrency ordinance d. Traffic demand management (TDM) requirements are Not applicable consistent with the comprehensive plan. RCW ❑x TDM consistent 36.70A.070(6)(a)(vi). with comprehensive Examples may include requiring new development to be plan oriented towards transit streets, pedestrian -oriented site and building design, and requiring bicycle and pedestrian connections to street and trail networks. WAC 365-196-840(4) recommends adopting methodologies that analyze the transportation system from a comprehensive, multimodal perspective. e. If required by RCW 70.94.527, a commute trip reduction (CTR) Not applicable ordinance to achieve reductions in the proportion of single - occupant vehicle commute trips has been adopted. The ordinance should be consistent with comprehensive plan policies for CTR and Department of Transportation rules. RCW 70.94.521-551, amended in 2006. Siting Essential Public Facilities (EPFs) Regulations for siting essential public facilities should be consistent with RCW 36.70A.200 and consider WAC 365-196-550. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in -patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities. Regulations may be specific to a local jurisdiction, but may be part of county -wide planning policies (CWPPs). Page 8 — Updated through laws of 2012 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet sites. ATTACHMENT 2 Regulations to implement comprehensive plan Location in code Update action needed a. Regulations or CWPPs include a process for siting EPFs and 0 EPF siting process No update is ensure EPFs facilities are not precluded RCW necessary 36.70A.200(2)and(3). WAC 365-196-550(6) lists process for siting ❑x No preclusion of EPFs. RCW 36.70A.200(5). WAC 365-196-550(3) details preclusions. Essential public facilities should be located outside of EPFs. known hazardous areas. Land Use Element, Page 13-14 Regulations to Implement Optional Plan Elements a. New fully contained communities are consistent with Not applicable comprehensive plan policies and RCW 36.70A.350. WAC365- 196-345 b. If applicable, master planned resorts are consistent with Not applicable comprehensive plan policies and RCW 36.70A.360 and RCW 36.70A.362. WAC 365-196-460 C. If applicable, major industrial developments and master planned Not applicable locations outside of UGAs are consistent with comprehensive plan policies and RCW 36.70A.365, RCW 36.70A.367 and WAC 365-196-465 d. Regulations include procedures to identify, preserve, and/or Not applicable monitor historical or archaeological resources. RCW 36.70A.020(13). WAC 365-196-450 e. Other development regulations needed to implement Not applicable comprehensive plan policies, such as regulations related to energy, sustainability, design, are adopted. WAC 365-196-445 f. Design guidelines for new development are clear and easy to No update is understand. Administration procedures are clear and defensible. necessary Project Review Procedures a. Project review processes integrate permit and environmental Integrated permit No update is review RCW 36.70A.470, RCW 36.70B and RCW 43.21C. and environmental necessary Resources include WAC 365-196-845, WAC 197-11 (SEPA Rules), review procedures WAC 365-197 (Project Consistency Rule, Commerce, 2001), and for: Ecology SEPA Handbook. ❑x Notice of application ❑x Notice of complete application Page 9 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, or examples of best practices. Highlighted items are links to Internet sites. ATTACHMENT 2 Regulations required to implement comprehensive plan Page #, and how Update action, if addressed in code needed 0 One open -record public hearing 0 combining public hearings and decisions for multiple permits 0 Notice of decision 0 One closed - record appeal b. Other items to consider when putting together project permit No update is review procedures are: necessary • Developing a unified development code that would integrate all permit processes into one chapter as opposed to throughout the zoning chapters. • Using a hearing examiner to hold public hearings for quasi- judicial actions. • Clarifying the review for permit types (limited administrative, administrative, quasi-judicial, legislative). • Clarifying appeal procedures for the different permit types. • Adopting SEPA substantive policies. Plan and Regulation Amendments If procedures governing comprehensive plan amendments are part of the code, then assure the following is true: a. Regulations limit amendments to the comprehensive plan to OComprehensive No update is once a year (with statutory exceptions). RCW 36.70A.130(2) plan amendments necessary and WAC 365-196-640(3) only once a year b. Regulations define emergency for an emergency plan ❑ Definition of Update per WAC amendment. RCW 36.70A.130(2)(b) and WAC 365-196-640(4). emergency 365-196-640(4) c. Regulations include a docketing process for requesting and 0 Docketing process No update is considering plan amendments. RCW 36.70A.130(2), RCW necessary 36.70A.470, and WAC 365-196-640(6) d. A process has been established for early and continuous public 0 Public No update is notification and participation in the planning process. RCW participation necessary 36.70A.020(11), RCW 36.70A.035 and RCW 36.70A.140. See processes WAC 365-196-600 regarding public participation and WAC 365- 196-610(2) listing recommendations for meeting requirements. Page 10 — Updated through laws of 2012 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws or examples of best practices. Highlighted items are links to Internet sites. 203 ATTACHMENT 2 Regulations to implement comprehensive plan Location in code Update action needed e. A process exists to assure that proposed regulatory or OProcess to avoid No update is administrative actions do not result in an unconstitutional takings necessary taking of private property. RCW 36.70A.370 See Attorney General's Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property for guidance. f. Provisions ensure adequate enforcement of regulations, such as Chapter 1.15 No update is zoning and critical area ordinances (civil or criminal penalties). necessary See implementation strategy in WAC 365-196-650(1). Page 11 Note: Bold items and checkboxes are a requirement of the GMA. Other items are other state or federal laws, or examples of best practices. Highlighted items are links to Internet sites. 204 Amendment ATTACHMENT 3 Contract Number: 14-63200-023 Amendment Number: A Washington State Department of Commerce Local Government & Infrastructure Division Growth Management Services Growth Management Act — Update Grant 1. Contractor 2. Contractor Doing Business As (optional) City of Medina N/A 501 Evergreen Point Road Medina, WA 98039 3. Contractor Representative (only if updated) 4. COMMERCE Representative (only if updated) Robert J. Grumbach Anthony Boscolo PO Box 42525 Director, Development Services Senior Planner 1011 Plum Street SE (425) 233-6416 (360) 725-3062 Olympia, WA 98504 rgrumbach(ulmedina-wa. gov anthony.boscolo(ci commerce.wa. gov 5. Original Contract Amount 6. Amendment Amount 7. New Contract Amount (and any previous amendments) $10,000.00 N/A $10,000.00 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: State: X Other: N/A: Date of Execution 06/30/2015 11. Federal Funds (as applicable): Federal Agency: CFDA Number: N/A N/A N/A 12. Amendment Purpose: Revision to the Attachment A - Statement of Work, including revisions to the end dates for Goals 1.0, 2.0, and 3.0, and revision and clarification to the descriptions of tasks under Goals 2.0 and 3.0. There is no change to the grant award amount. COMMERCE, defined as the Department of Commerce, and the Contractor acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: Contract Terms and Conditions including Attachment "A" — Statement of Work, and Attachment "B" — Budget. A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor. Any reference in the original Contract to the "Contract" shall mean the "Contract As Amended". FOR CONTRACTOR FOR COMMERCE Michael Sauerwein, City Manager Kendee Yamaguchi, Assistant Director City of Medina Local Government and Infrastructure Division Date Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce 205 Contract No. 14-63200-023 ATTACHMENT 3 Amendment Attachment A — Statement of Work is amended as follows: • Action 1.1, 1.2, and Deliverable 2.1: The end dates are changed from 02/28/14 to 05/27/14. • Goal 2.0 and Performance Measure 2.0: The description is revised from "Initial public outreach to determine initial scope of work" to "Determine initial scope of work". • Actions 2.1: The description is revised to remove "Open house", and the end date is changed from 05/31/14 to 06/30/14. • Action 2.2: The public participation task description is revised to "Planning Commission and City Council review of checklists and draft public participation program with opportunity for public comment". The end date is changed from 05/31/14 to 06/30/14. • Action 2.3 is deleted. • Goal 3.0 and Performance Measure 3.0: The descriptions are revised to insert the word "final" and the end date is changed from 07/31/14 to 10/31/14. • Action 3.1: The description is revised to insert "final", and the end date is changed from 07/31/14 to 10/31/14. • Deliverable 3.1: The description is revised to insert "final", and the end date is changed from 07/31/14 to 10/31/14. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. Department of Commerce Contract No. 14-63200-023 2 206 ATTACHMENT 3 Amendment Goals / Actions Description Start Date End Date Deliverables Goal 1.0 Review relevant comprehensive plan and development regulations to determine if there are any sections that need revision. Action 1.1 Review the comprehensive plan using the Date of 05/27/14 Commerce periodic update checklist. Execution (DOE) Action 1.2 Review the development regulations, DOE 05/27/14 including the critical areas regulations using the Commerce periodic update checklist. Deliverable 1.1 Completed Commerce periodic update 05/27/14 checklists for comprehensive plan and development regulations. Deliverable 1.2 First grant status report due to Department of 02/28/14 Commerce for Goal 1.0. Performance Grantee has completed the actions required 02/28/14 Measure1.0 to review the relevant plans and regulations. Goal 2.0 Determine initial scope of work. Action 2.1 Public noticing. DOE 06/30/14 Action 2.2 Planning Commission and City Council DOE 06/30/14 review of checklists and draft public participation program with opportunity for public comment. Deliverable 2.1 A written report summarizing the public 06/30/14 process for updating the comprehensive plan, the development regulations and the critical areas ordinance, including agenda(s) and topic(s). Deliverable 2.2 Second grant status report due to 04/30/14 Department of Commerce for Goal 1.0 and Goal 2.0. Department of Commerce Contract No. 14-63200-023 ATTACHMENT 3 Amendment Goals / Actions Description Start Date End Date Deliverables Performance Grantee has completed the actions required 06/30/14 Measure 2.0 to determine initial scope of work. Goal 3.0 Develop Final Scope of Work for the Update. Action 3.1 Develop final comprehensive plan and 03/01/14 10/31/14 development regulations update scope of work proposal, including critical areas ordinance, based on the Commerce checklist results completed in Goal 1.0. Deliverable 3.1 Final Scope of Work for the Update. 10/31/14 Deliverable 3.2 Third grant status report due to Department 06/30/14 of Commerce for Goal 2.0 and Goal 3.0. Performance Grantee has completed the actions required 10/31/14 Measure 3.0 develop a Final Scope of Work for the Update. Goal 4.0 Revise sections of comprehensive plan and development regulations, including critical areas regulations, which require updating as identified in Deliverable 3.1 above. Action 4.1 Analyze collected data and review of 08/01/14 11/30/14 comprehensive plan elements to generate amendments to the comprehensive plan. Action 4.2 Present recommended amendments to 08/01/14 11/30/14 Planning Commission. Action 4.3 Conduct Open house/ Public Information to 11/01/14 12/31/14 present draft amendments and get feedback. Department of Commerce Contract No. 14-63200-023 208 ATTACHMENT 3 Amendment Goals / Actions Description Start Date End Date Deliverables Action 4.4 Prepare notices, distribute information and 01/01/15 01/31/15 conduct public hearings. Action 4.5 Make changes to amendment package per 02/01/15 02/28/15 planning commission recommendations. Action 4.6 Planning Commission Recommendation to 02/01/15 02/28/15 City Council. Deliverable 4.1 Planning Commission recommendation on 02/28/15 Comprehensive Plan amendments. Deliverable 4.2 Fourth grant status report due to Department 12/31/14 of Commerce for Goal 3.0 and Goal 4.0. Performance Grantee has completed the actions required 02/28/15 Measure 4.0 develop a develop Planning Commission recommendations. Goal 5.0 City Council action on Planning Commission recommendation and prepare final draft amendments. Action 5.1 Present Planning Commission 03/01/15 03/14/15 recommendation to City Council. Action 5.2 Prepare notices, distribute information and 03/14/15 04/15/15 conduct public hearings. Action 5.3 Make any needed revisions to 03/14/15 04/30/15 comprehensive plan and development regulation amendments. Department of Commerce Contract No. 14-63200-023 209 ATTACHMENT 3 Amendment Goals / Actions Description Start Date End Date Deliverables Deliverable 5.1 Final draft of proposed amendments to 03/14/15 04/30/15 comprehensive plan and development regulations, ready for adoption following 60 - day Notice of Intent to Adopt. Deliverable 5.2 Grant closeout report due to Department of 06/30/15 Commerce. Performance Grantee has completed the actions required 06/30/15 Measure 5.0 to develop for City Council action on Planning Commission recommendation and prepared final draft amendments. Department of Commerce Contract No. 14-63200-023 210 �`,�yoiMFo�y9 MEDINA CITY COUNCIL 2014 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise). JANUARY 13, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110 (1)(i) Sand Done Presentation Election of Mayor and Deputy Mayor Done Consent Agenda Approval of 12/9 Minutes Approved Consent Agenda Approval of December, 2013 Check Register Approved Approval of Evergreen Point Road Sidewalk Consent Agenda Improvement and 80th Avenue Overlay Willis Approved Public Hearing None Grumbach/ Other Business Presentation on SR -520 Projects Tharp, Fred - WSDOT Done Other Business Appointment of Committees Mayor To be continued City Council Calendar & Discussion of 2014 Other Business Study Session Schedule Sauerwein Done Study Session Discussion Shoreline Master Program Update Grumbach Done JANUARY 27 City Council Study Session, TBD Item Type Topic Presenter Council Action Discussion NCFI I FP FEBRUARY 10, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110 (1)(c) Lease Sand Done. Presentation King County Council Member Jane Hague Done. Mike Painter, WA Association of Sheriffs and Presentation Police Chiefs Sauerwein Reschuled to March Consent Agenda Approval of 1/13 S&R Minutes Approved. Approval of December, 2013 and January, Consent Agenda 2014 Check Register Approved. Approval of 2014 Planning Commission and Consent Agenda Work Program Grumbach Approved. Approval of 2014 Park Board and Work Consent Agenda Program Willis Approved. Consent Agenda Appointment of David Lee to ETP Sauerwein Approved. Other Business Boardinghouse Discussion Grumbach Done. Other Business Ecology SMP Conditions Grumbach Done. Other Business City Council Calendar Done. FEBRUARY 24, City Council Study Session, 6:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110 (1)(c) Lease Sand Done. Mike Painter, WA Association of Sheriffs and Discussion Police Chiefs Sauerwein Done. 211 Discussion Quarterly Newsletter Discussion Sauerwein Done. Training Public Records Disclosure Training Ramsey Ramerman Done. MARCH 10, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(g) Employment Sand Done. Presentation Small Cell Bill in Legislature Bacha Done. Presentation ARCH Presentation Sauerwein Done. Presentation WSDOT 520 Sauerwein Done. Consent Agenda Receipt of January 21 PB Minutes Done. Consent Agenda Receipt of January 28 PC Minutes Done. Consent Agenda Receipt of CSC 2013 Annual Report Done. Consent Agenda Approval of 2/10/14 S&R Minutes Approved. Consent Agenda Approval of February, 2014 Check Register Approved. Consent Agenda Resolution Approving ARCH Sauerwein Approved. Receive PC Comprehensive Zoning Map Consent Agenda Update Recommendation Grumbach Consent Agenda SCORE Contract Yourkoski Approved. Other Business Boardinghouse Discussion Grumbach Done. Other Business City Council Calendar Done. March 22, City Council Retreat, TBD Item Type Topic Presenter Council Action Discussion Council Goals and Priorities John Howell Done. March 24, City Council Study Session, 5:30 PM Item Type Topic Presenter Council Action Tour of Proposed Evergreen Point Road Other Business Sidewalk Project Sauerwein Done. Emergency Preparedness Presentation (30 Discussion min) Kris Finnigan Done. APRIL 14, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.140(4) Labor Relations Sauerwein Done. Consent Agenda March, 2014 Check Register Adams Done. Consent Agenda SMP Ordinance Grumbach Approved. Consent Agenda Confirm Penny Martin to Park Board Kellerman Approved. Consent Agenda Confirm Jeanne Carlson to PC Kellerman Approved. Resolution Adopting the City Council 2014 Consent Agenda Retreat Major Action Item Sauerwein Not Adopted. Change Order #1 Maintenance Building Consent Agenda Addition Sauerwein Approved. Public Hearing Comprehensive Zoning Map Grumbach Continued to May 12 Other Business Call for Bids 2014 Street Projects Willis Done. Other Business Tree Code Grumbach Done. Other Business City Council Calendar Sauerwein Done. APRIL 28, City Council Study Session, CANCELLED Item Type Topic Presenter Council Action Di n Comp Plan TENTATIVE 212 MAY 12, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.140 (4) Labor Relations Sand Done. Executive Session RCW 42.30.110 (b) Property Acquisition Sand Done. Presentation Tree Code - Tina Cohen City Arborist Grumbach Done. Consent Agenda 03/17/14 PB Meeting Minutes Done. Consent Agenda 03/25/14 PC Meeting Minutes Done. Consent Agenda 04/14/14 CC Meeting Minutes Approved. Consent Agenda April Check Register Adams Approved. Consent Agenda Appoint Collette McMullen to PB Kellerman Approved. Consent Agenda Employee Wellness Program Resolution Sauerwein Approved. Public Hearing Medina Tree Code Grumbach Public Hearing R-30 Maximum Impervious Surface Grumbach Approved. Other Business Draft six -year CIP Willis Done. Other Business City Council Calendar Done. May 27, City Council Study Session, TBD (CANCELLED) Item Type Topic Presenter Council Action Discussion JUNE 9, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Consent Agenda 04/21/14 PB Minutes Consent Agenda 04/14/2014 S & R Meeting Minutes Consent Agenda May Check Register Adams Consent Agenda LGIP Resolution Adams Consent Agenda Award of 2014 Street Projects Willis Public Hearing 2015-2020 Six -Year CIP/TIP Willis Other Business Tree Code Grumbach Other Business Marijuana Ordinance Discussion Grumbach Other Business Comp Plan Discussion and Schedule PH Grumbach Other Business City Council Calendar JUNE 23, City Council Study Session, TBD Item Type Topic Presenter Council Action Discussion WSDOT Presentation Overlook Park Retreat Major Action Item City Government Finance 101 Sauerwein/Adams Retreat Major Action Item Evergreen Point Road Luis/Sauerwein JULY 14, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Consent Agenda 05/19/2014 Approved PB Minutes Consent Agenda 05/27/2014 Approved PC Minutes Consent Agenda 06/09/2014 S & R Meeting Minutes Consent Agenda June Check Register Adams Consent Agenda Adopt 2015-2020 Six -Year CIP/TIP Willis Public Hearing Boardinghouse Ordinance Grumbach Other Business Other Business Other Business City Council Calendar 213 JULY 28, City Council Study Session, TBD Item Type Topic Presenter Council Action Discussion Airport Noise Consultant Update Alyson Jackson Discussion AUGUST 11, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action RCW 42.30.140 (4) Labor Relations Executive Session RCW 42. Sand Consent Agenda Consent Agenda Public Hearing Early Public Input 2015 Budget Adams Other Business Other Business Other Business City Council Calendar August 25, City Council Study Session TBD Item Type Topic Presenter Council Action Discussion SEPTEMBER 8, City Council Regular Meeting 6:30 pm Item Type Topic Presenter Council Action Presentation National Recovery Month Proclamation Consent Agenda Consent Agenda Other Business Draft 2015 Preliminary Budget Adams Other Business Other Business City Council Calendar SEPTEMBER 22, City Council Study Session TBD Item Type Topic Presenter Council Action Discussion OCTOBER 13, City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Consent Agenda Consent Agenda Public Hearing Draft 2015 Preliminary Budget Adams Public Hearing Other Business Other Business Other Business City Council Calendar October 27, City Council Study Session TBD Item Type Topic Presenter Council Action Discussion NOVEMBER 11 (Tuesday), City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Consent Agenda Consent Agenda Public Hearing 2015 Property Tax Levy Adams 214 Adoption of 2015 Annual Budget, Ordinance Other Business and Salary Schedule Adams Other Business Other Business City Council Calendar November 24, City Council Study Session TBD Item Type Topic Presenter Council Action Discussion DECEMBER 8 City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Consent Agenda Consent Agenda Other Business Other Business Other Business 215