Loading...
HomeMy WebLinkAbout01-12-2004 - Agenda PacketMEDINA CITY COUNCIL MEETING AGENDA January 12, 2004 7:00 p.m. 501 Evergreen Point Road Medina, WA A. CALL TO ORDER 7:00 p.m. B. ROLL CALL (Adam, Blazey, Nunn, Odermat, Phelps, Rudolph, Vail Spinosa) C. AWARDS AND PRESENTATIONS 1. Oath of Office to Newly Elected and Re -Elected Members 2. 2003 Officer of the Year Award D. ANNOUNCEMENTS 1. Mayor 2. Council 3. Staff E. CONSENT AGENDA 1. Minutes from December 8, 2003 Council Meeting 2. Minutes from December 22, 2003 Council Special Meeting 3. Approval of December 2003 Checks/Finance Officer's Report F. AUDIENCE PARTICIPATION 1. Non -Agenda Items (3 minutes per person) G. REPORTS 1. Police Department 2. Planning 3. Public Works 4. Park Board 5. Finance Committee 6. Personnel Committee 7. Emergency Preparedness Committee 8. City Manager's Report H. PUBLIC HEARING No Hearings Scheduled I. OTHER BUSINESS 1. Election of 2004 - 2005 Mayor 2. Election of 2004 - 2005 Deputy Mayor 3. Appointment of 2004 City Council Committees & Representatives 4. Resolution Setting Dates/Times for 2004 Study Sessions 5. 2004 Fee Schedule Review 6. Discussion of Zoning Code Housekeeping Changes 7. Resolution Regarding Health Insurance Costs 8. Ratify Public Works Labor Agreement 9. Fairweather Nature Preserve Name Change 10. Authorize Management Employment Contracts 11. First Quarter Agenda Calendar 12. 2004 Retreat 13. Jail Administration Interlocal Agreement J. NEW BUSINESS K. EXECUTIVE SESSION 1. Personnel Matters 2. Discussion of Land Acquisition L. ADJOURNMENT TO BE HELD AT 6:00 p.m. ITEM C - 2 CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 980:39 425.454.9222 vvww. diva-wa. cav MEMORANDUM DATE: January 5, 2004 TO: Medina City Council FROM: Doug Schulze, City Manager RE: 2003 Officer of the Year Award RECOMMENDATION: Presentation of award by Mayor. POLICY IMPLICATION: The Officer of the Year Award is presented to a Medina Police Officer who has distinguished himself/herself through extraordinary performance. The award recipient receives a certificate and a check for $500. The recipient's name is also added to the "Officer of the Year' plaque, which is displayed in the Medina Police Department. BACKGROUND: The 2003 Officer of the Year is Corporal Dan Yourkowski. The attached memorandum provides a detailed background of Corporal Yourkowski's extraordinary performance. ITEM C — 2a MEDINA POLICE DEPARTMENT Memorandum DATE: January 2. 2004 TO: Doug Schulze, City Manager FROM: Jeff Chen, Interim Police Chief SUBJECT: POLICE DFPAR"I MENT ANNUAL PUBLIC SAFETY AWARDS FOR 2003 - CORPORAL DAN YOURKOSKI RE: Details: Corporal Dan Yourkoski , upon recommendation by the Chief of Police and approval by the City Managcr, has been authorized by the City Council to receive a check in the amount of five hundred dollars (S500) for his commendable performance during 2003 in discharging his responsibilities and promoting the public safety of the citizens of Medina. Corporal Yourkoski will be recognized at the City Council meeting on January 12. 2004. The citation in support of this annual award is as follows: Daniel W. Yourkoski is hereby recognized for the highly commendable manner in which has discharged his responsibilities as Corporal/Detective for the Medina Police Department. For 5 1 2 months in 2003, Corporal Yourkoski was called to serve his country with the United States Mai inc Corp in Iraq. While in Iraq. Dan participated in high risk and critical missions worthv of high praise alone. Upon his return in July 2003 and without skipping a beat, Corporal Yourkoski picked up where he left off by working several key investigations resulting in the successful identification, apprehension and prosecution of several figures responsible for residential burglary, identity theft and fraud. On a nightly basis.. Corporal Yourkoski continues to diligently serve the citizens of Medina and Hunts Point keeping them safe through visible patrol, aggressive DUI and traffic enforcement. On 10/09,%03 at approximately 8:00PM_ Corporal Dan Yourkoski noticed a vchicte heading northbound in the 2500 block of hunts Point Road. The driver of the vehicle was observed to have committed a traffic infraction within the jurisdiction of the Town of Hunts Point. Also inside the vehicle was another male subject. Upon investigation Corporal Yourkoski determined that both occupants inside the vehicle were wanted subjects. The driver had a S1000 misdemeanor warrant out of Auburn for driving while license suspended in the third degree. The passenger had a no bail felony warrant out of the United States Immigration Service office for Immigration Violation as a deported felon. Both subjects were taken into custody without incident. On October 23. 2003 this office received a law enforcement teletype from Special A�"erit Tom Skalski — Department of homeland Seenrity / Immigration & Customs Enforcement ITEM C — 2a citing his appreciation of Corporal Yourkoski's apprehension of the deported felon and his detailed police report that was needed to support Special Agent_ Skalski's Federal case. On the morning of October 19. 2003 at approximately 6:00AM. Corporal Yourkoski located and safely recovered a 10-rear old boy who had been kidnapped from the Spokane, OVA area. The boy, who was found unharmed. had been reported missing by his mother since the early morning hours of October 17. 2003. The boy had been abducted by a 21-year old male acquaintance of the mother who claimed he "N�as trying to uet the boy away from his mother so Ile could have some kind of life." Corporal YOurkoskl took the 21-year old male suspect into custody without incident and brought him to the King County Jail to face felony charges of kidnapping a child. Had it not been for Corporal YoUrkoskl's diligent and persistent efforts in identifying the suspect earlier in his shift and later being attentive to a teletype disseminated to all Washington State law enforcement officers to be on the look out for the suspect and his kidnapped victim, the fate of the young victim %+ould not have been successfully resolved on this particular day. Corporal Daniel Yourkoski continues to exemplify the highest standards set forth by this department. RECOMMENDATION: 1 hat Corporal Yourkoski be presented with a check in the amount of $500.00 to be charged against line item number 51 21 20 12 01 (Merit Pay). 1 — City Manager 1 — Finance Officer 1 — Chief of Police 1 — Personnel File (Corporal Yourkoski) ITEM E - 1 MEDINA CITY COUNCIL. PUBLIC HEARING AND REGULAR MEETING MINUTES December 8, 2003 Medina City Hall 7:00 PM 501 Evergreen Point Road CALL TO ORDER Mayor Becker called the meeting of the Medina City Council to order at 7:06 p.m. ROLL CALL Present: Council members Miles Adam, Drew Blazey, Thomas Morgan, Todd Nunn, Bob Rudolph, and Deputy Mayor Mary Odermat Absent: Mayor Dan Becker Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Police Chief Michael Knapp, Public Works Director (PWD) Shel Jahn, Planning Director (PD) Joseph Gellings, Finance Officer Jan Burdue and Recording Secretary Caroll Wedlund POINT OF ORDER Public Hearing -- Historical Use Permit Application No 2003--01 — Medina Store —Deputy Mayor Odermat asked the Council for permission to hear the Historical Use Permit application for the Medina Store before proceeding with the rest of tonight's meeting. The Council unanimously decided to do so. City Attorney Wines explained under Ordinance No. 758, Procedures for Changes in Zoning and Historical Use Permits (HUP), the public hearing had been conducted. PD Gellings had sent the PC's recommendations to grant the HUP, with conditions. Ordinance No. 758 was written to give the Council two choices, based upon the PC's recommendations, to approve with conditions, or to reopen the public hearing and hear testimony before making a decision. His recommendation was to reopen the public hearing. He asked the Council to take a vote regarding whether to reopen the public hearing or conduct a meeting. Council member Nunn moved to reopen the public hearing, seconded by Council member Morgan, and the motion passed unanimously. Deputy Mayor Odermat opened the public hearing and asked the Council to confirm any discussions they had at any time regarding the store. Council member Rudolph revealed when he ran for office, he had in mind historical use issues in Medina. He had conversations with many people over the years, and had also attended PC meetings in which the store had been discussed. He liked the idea of the store, but was concerned whether the city could mitigate for neighbors and also have a grocery that made economic sense. Council member Morgan announced he had not signed a petition, nor had he met with the applicant. He had received e-mail and regular mail correspondence from residents, but had no financial interest. Council member Nunn relayed he had made statements about the grocery during the campaign, but had not met with the applicant. He had received correspondence and e-mail, but thought he had shared it with Council members. Council member Nunn indicated he had conversations with his wife about the grocery. He thought he had signed a petition about the grocery, but had no financial interest in it. Council member Adam stated he had received e-mails and flyers from residents, but that was his only involvement. Deputy Mayor Odermat disclosed she was a friend of the applicant, who had never lobbied her directly. She had no financial interest in the store. Mrs. Lee had discussed with her about what her decision should be so that she could do with her property as she wished, but yet not offend any community member. Deputy Mayor Odermat may have signed the first petition the summer when the store was closed, and she had campaigned as a supporter of the store. She had also had conversations with resident Shawn Fitzpatrick and had assured her she would look be very diligent in looking out for the concerns of the neighbors. Deputy Mayor Odermat was not sure what decision she would make, as any determination would depend upon what the public had to say and the PD's presentation. Pete Lucas, 7225 NE 8th Street, objected to anyone who had signed a store petition participating in tonight's public hearing. He felt it was unfair to have Council members who had signed a petition to hear this case. City Attorney Wines explained he did not know that made a difference. If anyone believed they might have signed the petition they should state whether or not if they would be influenced by that and whether they would be capable of making a fair and objective decision based on the evidence before the PC and the CC. Deputy Mayor Odermat polled the Council and everyone thought they could render a fair decision. Council member Adam had no problem. Council member Blazey did not sign a petition this past summer, and was not sure whether or not he had signed the one in 2000. Council member Nunn thought he had signed a petition a couple of years ago, but felt he could make a fair and impartial decision, based on the recommendations of the PC. Council member Morgan had signed no petition of any kind. Council member Rudolph had not signed the recent petition, and might have signed an earlier one, but did not know for sure. Deputy Mayor Odermat indicated it did not influence her decision at this time. It was a very difficult decision, and the Council members had put a lot of energy and effort into trying to understand every concern and ramification of the issues surrounding the Medina Grocery. She assured Mr. Lucas the Council had heard him and would make every effort to be impartial. City Council Meeting Minutes December S, 2003 Page 2 Recording Secretary Wedlund, a Notary Public, gave a group oath to citizens who had signed the sign in sheet, PD Gellings reviewed the Council packet portion regarding the Historical Use Permit for the Medina grocery. Council member Nunn noted a number of e-mails regarding the storc had been circulated to the Council and staff today from residents Allyson Jackson and Nancy Price. PD Gellings stated they were included in the exhibits. PD Gellings gave a history of the store from its inception, noting the applicant's proposal was described in the September 23, 2003 memo in Council packets. He reviewed the revisions made by the applicant, and gave an overview of the latest change proposal effective October 28, 2003, in anticipation of the November 4, 2003 PC meeting. PD Gellings noted the applicant at that time was not going to reconstruct the accessory building, but rather combine that square footage into the main building, resulting in an increase in raw separation from the abutting residence to the store. Also changed on October 28, 2003 was the addition of the laundry pick up and drop off operations on the first floor. PD Gellings summarized the applicant's present proposal. The PC had recommended approval of the HUP, with associated mitigations, as well as the variances. He also reviewed the highlights of the PC's mitigation measures. PD Gellings noted the variances were listed in the draft resolution in the Council packet. He reviewed the conditions of PC approval, as contained in an 11" x 17" matrix that allowed the Council to view the process the PC had gone through in arriving at their recommendations in the draft resolution. He also asked the Council to consider how multiple businesses shoulc be defined, noting only one business should be allowed with this HUP. PD Gellings noted also included were afterthoughts that had been communicated to him by PC members, in an effort to correct the record. He noted some very respected design individuals in this community had measured the store. The city had not required a survey with the applicant's submittal, which was consistent with policies of most land use applications. PWD Jahn referred to the paragraph entitled 'Parking' on page three of the draft resolution containing the PC's recommendations, noting the final parking configuration would be approved by the PWD through the right-of-way use permit. General-purpose on -street parking spaces were to be nosc-in angled with vehicle fronts pointing NW on NE 8th Street and NE on Evergreen Point Road. Both he and the Transpo Group had been concerned about the safety issue of perpendicular parking, which led to the recommendation of nose in angled parking. PWD Jahn also clarified he did not believe there would be more parking spots than were presently configured for the Medina grocery. PC Vice Chair Mark Nelson, 1233 Evergreen Point Road, explained the parking configuration still must be verified through a survey and through the DPW. Applicant's Representative John Decker, 510 East Columbia, Seattle, gave an overview of the proposal, noting he and the applicant had agreed with the majority of mitigation measures recommended by the PC. He reviewed the PC's recommendations, and noted the applicant's intention had been the first floor would be used as a market, with groceries, a community table, limited interior seating (not recommended by the PC), a deli, produce, wine and beer. A laundry pick up/drop off service would be located at the back of the first floor, and the second floor would be for bookkeeping, with the rest allocated for single tenant storage, namely the city could lease that space. There was also a proposal for a basement area to house mechanical and maintenance equipment. He indicated the main difference between the original submission and the latest was the original application had an exterior stairway, and now it was interior. Also, a second entrance had been added. Another change was providing a garage door to allow produce to be viewed from the outside. He read a letter dated December 8, 2003 into the record that had earlier been distributed to the Council, responding to the PCs recommendations concerning the HUP. Mr. Decker pointed out the reason for changing the program and design was to better satisfy neighborhood concerns regarding specific issues. He requested that the Council allow for some interior seating, to depart from the PC's recommendations regarding Sunday hours to 10 am to 5 pm year around, rather than 12 pm to 5 pm during the summer. Mr. Decker relayed the applicant felt the weather would dictate Sunday store hours, as if the weather was bad, it would not make economic sense to keep the store open. He noted when the store was originally built, the family running the operation had lived upstairs. PD Gellings interjected he had no hard evidence one way or the other. He had two communications, one between him and the current property owner regarding the former use, and the other from the former Medina Planning Manager's notes concerning a conversation with former owner. John Frost Deputy Mayor Odermat pointed out at one of the hearings, a person had stated someone lived above the store in the past, which set a precedent about the past residence. Mr. Decker explained the PC had not made a recommendation regarding a community notice table or board, which would be used for flyers and notices. PD Gellings noted the PC had approved the idea of a community bulletin board. Mr. Decker relayed the PC had recommended limiting outdoor seating to 10, and they also wanted to limit City Council Meeting Minutes December 8, 2003 Page 3 seating close to the north property line. He continued the applicant wanted both indoor and outdoor seating, to make the store as pedestrian oriented as possible, and to provide limited seating as respite for shoppers. In response to a question regarding whether or not the PC had taken a position regarding the garage door amenity, PD Gellings had decided not to recommend changes to the door configuration. In response to an inquiry whether there was any intention to mitigate for property south of the grocery, Mr. Decker stated there had been discussion and some proposals, but no final recommendation. Mr. Decker continued the applicant thought an interior stairway with a secondary first floor entrance on the south side would have less impact than an exterior stairway to the second floor. He also indicated it was the owner's intent for single management of both laundry pick up/drop off and for the store operations, if the use were approved. Mr. Decker indicated at this point, both pick up and drop off would occur on site, with no delivery from the store to residences. PD Gellings suggested the Council address this issue. AUDIENCE PARTICIPATION Deputy Mayor Odermat opened the pubic hearing to the audience. Connie Gerlitz, 2415 — 78th Ave. NE, noted there was concern about people who had signed the store petition, but none regarding those who had not. Ms. Gerlitz relayed a recent conversation with Deputy Mayor Odermat had revealed a need to hear everyone before making a decision. She indicated when the store was formerly in operation, the vast majority of traffic came when school was dismissed, and others stopped to purchase treats for their children. The problem had been with parking. Her preference was for perpendicular parking. Gerry Zyfers, 7640 NE 8th Street, spoke for Paul Saad, 7644 NE ath Street. Mr. Saad had indicated he was a supporter of the building, but he was strongly opposed to this proposal, because the mass was much greater than the existing building. Mr. Zyfers displayed a drawing of the proposed building, noting the top of the fagade was 78 feet, 6 inches, whereas on the existing grocery it was 58 feet 6 inches The fagade width of the store on NE 8"' Street as proposed was 76 feet long, whereas the present store bottom was 58 feet, 6 inches. Mr. Saad had indicated a massive building with a large, unbroken fagade and a fla: roof was exactly what the PC was trying to avoid. Mr. Saad had thought the proposed store mass was much larger than the original store. Mr. Zyfers turned to the stairwell, noting the exterior stairwell had at least broken up a portion of the present building fagade. Speaking for himself, Mr. Zyfers displayed the green flyer the city had sent last spring. He was in favor of the store, as it was the soul of Medina, but it was important to take the time to 'get it right". He showed a colored picture of the old store, as well as a new depiction. Mr. Zyfers noted the store had shifted to the east and was significantly wider. Further, the new store would not be conducting the same business. There was also the primary use of the laundry to be considered, as it was a retail establishment that had no: been there before, and a second door had been requested to accommodate that use. He emphasized such use would create more traffic on NE 81h Street. Mr. Zyphers showed a drawing of the east location, noting there was now nothing to break up the fagade on the east. What had been an exterior balcony was now becoming interior space. He challenged the present proposal as a gross deviation from the historic design, and cautioned that alterations would make the building more imposing. Mick Larkin, 632 Evergreen Point Road, emphasized part of the immediate neighbors' frustration with this process was no one had been listening. He stressed the Council should spend a little more time studying the green store. The Council had received documents five minutes ahead of time before this meeting, which he felt to be very unprofessional. He noted the addition was 990 square feet larger than the original store footprint of 2,160 square feet. That meant a 50% increase in retail space, and a 50% increase in traffic and delivery trucks. Now nearby residents would even be forced to endure a laundry service. He thought the applicant was blackmailing the city, with her comment, "If I do not get what I want, I am not going to do it." Fred Buck, 850 — 82"d Avenue NE, voiced opposition to the proposed grocery. Stella Mills, 850 — 82"d Avenue NE, agreed with Mr. Buck, and was against the garbage location, as that service was operated during 'off hours". She emphasized nothing had been said about parking on Evergreen Point Road and on NE 8"' Street. She had attended a Council meeting a couple of years ago and listened to a city -paid engineer state he would not want the store in his neighborhood There was a sidewalk that went nowhere, and 82"d Avenue NE had become a raceway. Further, the majority of delivery truck drivers did not obey the speed limit. Ms. Mills also stated she had heard a rumor city hall was asking for five new employees. She suggested this money be allocated for police officers, because with the increased traffic, they would be needed. City Council Meeting Minutes December 8, 2003 Page 4 As the nearest neighbor, Jackie McGahan Curtis, 7616 NE 8th Street, relayed her understanding there was divided feeling about the store. Now, the plan was to incorporate that square footage into the main market. No one had asked the neighbors whether this was a good idea. She preferred for that square footage to rebuilt and used as storage for the store. The new building would be a noise buffer, and wculd also keep the grocery the same size. Shawn Fitzpatrick, 7622 NE 8th Street, echoed what Gerry Zyfers and Mick Larkin had stated. She felt the city used the term "historic" to its own advantage. Ms. Fitzpatrick questioned how the grocery could be approved without a survey, and how could the city not know the square footage? She noted the old store had no interior seating. Someone had indicated at a prior meeting a child purchasing a soda could crash his/her bike if trying to ride and hold pop at the same time. There had never been any outdoor seating at the old store, and there were no reports of kids falling off their bikes. Laundry service, a seamstress and the market constituted more than one business. Further, the city would have to prove there had formerly peen a residence on the second floor. She stressed the storage shed had never been for retail use, so the applicant should not be allowed to add that square footage to the store. Further, an eight -foot concrete wall was needed as a noise buffer. Also, neighbors needed to know the number of parking stalls and the number of employees. The 'C had stated they did not want it to become a coffee shop. She urged that the grocery be closed on Sundays, as neighbors needed one day of peace. Charles Pember, 7617 NE 81h Street, his was the third house from the grocery. He requested the Council to consider that the storage shed space now being added to the main building square footage had never been used as a merchandising tool. Nothing was ever sold out of that building. To incorporate that square footage into the main store was not right, as it was just creating some new grocery space. He added historically, multiple cash registers applied to separate vendors, and such an arrangement could very easily work into that. He emphasized the PC had recommended no indoor seating for a good reason. Mr. Pernber wanted the store closed on Sundays. Alice Eilers, 1428 Evergreen Point Road, stated she had enjoyed living in the city for 42 years, liked the convenience to Seattle and Bellevue, yet Medina had a country -like atmosphere. She and her husband had enjoyed the Medina store of years ago, when it was mostly a destination for walkers. She predicted the proposed grocery would not be the same little green store, as it must be a prospering retail center in order to survive financially. Ms. Eilers was concerned about traffic, noise and air pollution. She thought there was already enough traffic in Medina. She questioned what had happened to the guise of historical preservation. Ms. Eilers also queried what if the profits were not enough, would the Council change the rules again so the applicant could have a more profitable business, leading to more traffic and more parking? She stated not that many years ago, a bolder cut down trees and bushes in Medina Park so he could have a better view of it. The Park Board had objected loudly and the Council dissolved the PB, resulting in the builder getting away with his blatant "rule -breaking". She queried whether the storeowner would do what she wanted and no one would actually stop her in the future? Ms. Eilers also asked why the Council was spending the citizens' tax money with so many preliminaries? Further, did anyone who wanted to build receive the same treatment? What was the Council's motivation for doing this? Was such action to please Mrs. Lee and get her to sell her house for more city offices and expanded government in Medina? She also suggested an unbiased traffic impact study be done before the Council proceeded further. Dave Mellor, 7611 NE 8th Street, who had lived in Medina 40 years, noted the store used to be a clean -run, tidy operation, but as proposed, it was a monstrosity. He voiced confusion about mitigation issues. Coffee and seating meant increased parking. He had counted 34 cars at Tully's recently The historical use was a farce. He also relayed about a year ago, a woman obtaining petition signatures had indicated she had an "open check book Peter Lucas, 7725 NE 81h Street, referred to his letter dated December 8, 2003 to the Council, noting changes had occurred to the application in October 2003, specifically, laundry service, sewing and a change in building configuration. In September, the applicant had the original plan. Now residents found out there would be a laundry and a sewing area. A larger box had replaced the old charm. He emphasized without the laundry and sewing area, the original configuration would work for the store, and it would have the original charm and character. Further, there had been no claim the laundry was necessary for the successful operation of the business. Susan Potts, 8443 NE 6th Street, appreciated the stability of this public hearing. She voiced support for the store, and suggested 30-minute parking would prohibit people from parking a: the store and going to the beach. She was of the opinion indoor seating should be prohibited. The city wanted to encourage walking to the store. It created a sense of community that was important to the neighborhood. She ernpnasized if the grocery were demolished and a house built to replace it. the bulk would be there "lot line to lot line' Ms. Potts noted there were little stores in City Council Meeting Minutes December 8, 2003 Page 5 operation though out Seattle. She asked the Council to approve as small sized building as possible, to address neighborhood concerns. Storeowner, Hae C. Lee, 512 Evergreen Point Road, thanked citizens for their concern about the store. She related little boys had stopped by with a flower and told her to "Be strong, we will have the store." She noted everyone was concerned about the outside of the grocery. Kids left their bikes in front of the store. As a parent, she felt it was dangerous for children to sit at the corner of the store. She did not want to place a chair outside, in an effort to ensure children's safety. Employee wise, she never had a break when formerly operating the store, and worked 10-hour days. Ms. Lee related she had made pizza, sandwiches and soup in her store's back -room kitchen. Carolyn Clark, 2548 Medina Circle, noted In October, a petition to save the green store had been circulated to Medina citizens, and 334 signatures had been collected in five days. She read aloud a letter included with that petition, and spoke for the people who had signed it. Those who had signed it included senior citizens who had children that had frequented the grocery. Also included were new residents and others with established families. Ms. Clark emphasized the grocery was a city treasure. Further, chance was not a bad thing. Many who signed the petition had personal memories about the grocery. Jennifer Gulrajani, 3215 — 78th Place NE, stated she grew up in Medina and remembered going to the store as a girl. Her parents still lived in Medina, and she wanted her fourth grade son to have a similar experience. On the way home from school he wanted to stop at the Circle K, but it was not a safe place. When the store was closed, she really sensed a loss. She had been one of the residents gathering petition signatures. She emphasized a large majority of Medina citizens were in favor of the store. The ambiance of the area was why numerous citizens had returned to Medina Katie Phelps, 2516 Medina Circle, voiced approval of the store, noting it was supported by a vast majority of Medina's citizens. The PC had been listening to this support. She asked the Council to realize 90% of those present wanted the grocery to reopen, and requested them to take action for the vast majority of our community. Ally Svenson, 1135 Evergreen Point Road, and Mary Alhadeff, 2415 — 80th Avenue NE, were very supportive of the store. They had discussed the details of the grocery with the applicant, and believed it to be appropriate for Medina. They were in favor what had been proposed, as it was supportive of Medina's history. The need for a community center was also voiced. Betsy Johnson, 3210 — 781h Place NE, was in favor of the store, as t-iat and the post office made Medina unique. She emphasized the store could be reopened in a manner that would make Medina a more attractive place to live. Ms. Johnson noted the applicant had really tried to propose a business in synch with the character of Medina. Ms. Johnson wanted a nice community store where she could send her four children on their bikes. Further, most people were in favor of the grocery. Liesbeth Bosch, 7814 NE 14th Street, understood people in the neichborhood were worried about the new store being larger than the present one. She emphasized there should be no difference between homes demolished and larger replacements. The size of the green store was not bad at all. She was in favor of a grocery. Lisa Fleischman, 7641 NE 12th Street, voiced support for the store. She had lived in Medina 2-1/2 years, and everyone talked about the grocery with fond reminiscence. She cautioned the Council should be thoughtful, realistic and sensitive to neighbors' concerns regarding size and bulk. She also questioned whether dry cleaning was really legitimate and if it would be useful to the community at large. Ms. Fleischman thought use of the word 'historic" was a double-edged sword, as the store would not be selling duck feed like it did many years ago. She was in support of the green store, but urged the Council to be thoughtful to the citizens around it. Anne -Marie Ryan, 1076 Lake Washington Boulevard, was in favor of the store as it existed before closure. The grocery was a great destination for children, families, walkers and dog walkers, and it was a needed facility for the neighborhood. Mary Douglas, 904 — 88th Avenue NE, noted she lived in Medina He ghts, and had been a resident for 38 years. Her parents still lived here, as did her brother. Her children attended school in Medina. Ms. Douglas noted the store was the "heart of Medina and had been an important part of her childhood. It was a treasure that made Medina unique. Ms. Douglas urged, "We all need to work together " City Council Meeting Minutes December 8, 2003 Page 6 Allyson Jackson, 7633 NE 141h Street, noted she had attended a lot of meetings. She relayed the green store was the heart of Medina, but the Council should also be sensitive to the neighbors around it. The owner had tried to respond to their concerns, and the neighbors had given her more corcerns. Ms. Jackson pointed out a majority of the community and the neighbors were in favor of the store. She stated the traffic study was a non -emotional fact, and urged the Council to review it, as that document showed the store's reopening would not significantly increase traffic. Ms. Jackson noted the owner had tried to bring the stairs inside as a safety measure. She pointed out the "greater mass" was the shed's square footage added to the grocery. Doug Martin, 1633 Evergreen Point Road, stated he had come to this hearing without opinion. After listening to all the speakers, he had yet to hear anyone say they did not want the grocery. People wanted the store, but did not want some of the things associated with it. However, in order to survive, the store must be economically viable. The owner and her representative were the only ones who knew what it would take to make a store economically feasible. There were things the Council could consider once given that information. If neighborhood concerns made the store economically unviable, the city might consider ways to subsidize it. Julia Lundquist, 8621 NE 6th Street, stated her children were raised in Medina, and had always enjoyed going to the store. She was hopeful it would be here for her grandchildren, who would enter Medina Elementary School in another year. She urged the Council not to rule out the seating. Ms. Lundquist had been a member of the National Trust for Historic Preservation for 50 years, and they were concerned about adaptive use. She noted Monticello had major historic support. Ms. Lundquist was hopeful the city would allow the applicant to sell a substitute product in place of chicken feed. She urged the Council to allow residents to be able to sit down to drink coffee. The City Attorney urged Paul Saad, 7644 NE 8th Street, to only speak for 1-1/2 minutes, as Gerry Zyfers had already spoken on his behalf for that amount of time. Mr. Saad was in favor of the store, and wanted to see it built. However, he was concerned about the second story. It could be made smaller, and as presently proposed would have the "railroad effect" of a long, narrow building. He wanted the new roof to look the same way as the present one. Mr. Saad urged that the operation of store not be "micromanaged". He further recommended a review of the store process a year and a half in the future. Mr. Saad was concerned about the building mass, as he would like to see it articulated like the current building. He also urged people to measure the store. Speaking as PC Vice Chair, Mark Nelson, 1233 Evergreen Point Road, relayed the PC tried to identify neighbors' concerns, and he thought he had captured them. However, since that meeting, there had been some new issues worth the Council's consideration. The purpose of the PC's yellow matrix was to show the Council what concerns had arisen and how the PC tried to identify and deal with them. The PC had not heard the concerns with the same degree of passion. He noted the PC had not dealt with Mr. Saad's idea of mass along the building south fagade, and he would like the Council to review it. The PC had only addressed lot coverage, and had not dealt with the size of the store. They had thought it was in the best interests of the neighbors not to have the accessory building, but after hearing the comments tonight, maybe it was better for it to remain there. With regard to use of second story storage, the PC had been polled and they did not hear that as a proposal. He felt the city subsidizing the store was an interesting concept. VC Nelson had also heard other input tonight regarding citizens wanting more seating, and that was worth noting as well. He also felt limiting the second story addition might be something to consider. Maybe it could follow the setbacks of the current underwriting zoning and only that amount of the second story would be allowed to project into the setbacks as granted into the variance. He was not sure the PC would have come to the same conclusions after hearing tonight testimony. Patrick Boyd, 2541 — 781h Avenue NE, liked the store as designed, and had no problem with the second story. He was of the opinion the Medina grocery was being filibustered, and should not be studied to death. He urged the Council to make a "tough decision". Deputy Mary Odermat concluded the public testimony portion of the Medina store HUP. A recess was taken at 9:47 p.m., and the meeting reconvened at 10:05 p.m. Mr. Decker indicated the applicant had stated it would be difficult to make the store viable with only 2,400 square feet. Diversification of services was needed to make it economically feasible. In response to a question regarding whether the square footage of shelf space would remain the same, he replied affirmatively. Mr. Decker continued the previous application heard by the Hearing Examiner had been scaled back and modified in keeping with the configuration of the original store. He suggested the only other alternative was a residence upstairs. City Council Meeting Minutes December 8, 2003 Page 7 Council member Nunn relayed he had received a number of calls from PC members about additional issues and he had made a list of them, which the Council discussed. City Attorney Wines advised if the city was already restricting uses, it may not make a lot of sense to control who would operate the laundry and dry cleaning pick up/drop off service. PD Gellings added there had been a concern the city should not interfere with management of the store operation through that restriction. Following discussion about limiting parking to 30 minutes, Deputy Mayor Odermat asked if enforcement would be an issue for the city. City Manager Schulze replied he thought it would be an issue for the owner, who would be very interested in parking limitations, due to the store's close proximity to the beach. He added MPD officers would drive by on a regular basis, and he did not see enforcement as a big time-consuming issue. Those parking over the 30-minute limit would be issued a citation no different than anywhere else where there was a time limit. After the Council reviewed all the issues surrounding the grocery, City Attorney Wines proposed another amendment to the resolution to add at the very end, 'The conditions incorporated in this resolution shall be incorporated into a concomitant agreement which would be recorded against the property." Council member Nunn moved the Council approve Historical Use Permit Application No. 2003-01 -- Medina Store as noted below and the variances associated with it, as proposed by the PC and modified by tonight's public hearing, including the City Attorney's most recent amendment. Council member Rudolph seconded the motion, which carried unanimously. A recess was taken at 11:33 p.m., and the meeting was reconvened at 11:40 p.m Uses --Use of the property shall be limited to a neighborhood market that caters to the Medina community. The applicant's October 28, 2003 description of this neighborhood market use, including dry cleaning pick-up and laundry pick-up service, shall be adhered to with the following two exceptions: use of the basement shall be restricted to mechanical equipment, bookkeeping and storage that supoorts the market use occupying the first floor, and use of the second floor shall be limited to bookkeeping and storage in support of the market use as well as storage space leased to a single outside party only requiring infrequent access to the storage area. Seating —Total interior public seating shall be limited to six seats. Total exterior public seating shall be limited to 10 seats maximum and shall be restricted to within 40 feet of the Evergreen Point Road property line. Hours —Business hours shall be set within the following allowances: 7 am to 7 pm Monday through Friday, 8 am to 7 pm on Saturday, 10 am to 5 pm on Sundays, and closed on all holidays. Holidays are defined as all State of Washington holidays. Traffic —The traffic issue is not restricted directly, but is controlled through public seating and maximum parking restrictions. Parking —Provided parking shall include two designated employee spaces as represented in the site plan and a maximum number of customer parking spaces that does not exceed the number presently on the site, as determined by the PWD. In addition, re-established parking spaces shall not extend outside of the area presently devoted to parking. All store employees shall park only in spaces designated as store or employee parking. The final configuration of parking shall be approved by the PWD through the right-of-way use permit. General-purpose parking spaces are to be on street. The PWD shall strive for parking stall widths of at least nine feet. There shall be a minimum of one ADA parking space. All on street general-purpose store parking shall be limited to 30 minutes. Cooking —The applicant's October 28, 2003 proposal to limit cooking activities such that no exterior odors are produced shall be adhered to. No commercial grill shall be allowed. In addition, the applicant shall not conduct any cooking or baking operations that produce grease -laden vapors or otherwise require a Class 1 vent hood per the Uniform Mechanical Code. Deliveries —Prior to issuance of a building permit, the applicant shall submit a loading and delivery plan for approval by the Planning Department. Delivery times shall be confined to Monday through Saturday business hours. With the exception of newspapers, deliveries are not permitted on Sundays Delivery vehicles shall not cross sidewalks in accessing the site. After Hours Activities —Exterior automatic teller machines, vending machines, pay phones, newspaper boxes as well as all external self serve mechanical or electronic devices shall not oe permitted. City Council Meeting Minutes December 8, 2003 Page 8 Garbage —The landscaping plan and the design of all trash and recycling receptacles shall minimize susceptibility to rodent and bird infestations. Routine trash and recycling pick-up shall involve hand -carting the receptacles to the pick-up vehicle at Evergreen Point Road. The applicant shall consult with a pest control professional and, if an infestation problem is found in the existing building, shall take extermination measures prior to building demolition. Exterior Signage—Prior to issuance of a building permit, the applicant shall submit a signage plan for approval by the Planning Department. The signage shall be oriented to pedestrians and slow -moving traffic. No direct or indirect illuminated signs will be permitted. Lighting —Prior to building permit issuance, the applicant shall submit an outdoor lighting plan for approval by the Building and Planning Departments. The overall level of site illumination shall be similar to that of a normal single- family residence. All light fixtures shall be shielded to prevent visible glare from abutting properties. Landscaping and Noise/Visual Impact Buffers —A landscape plan shall be submitted for city Landscape Consultant approval. The Landscaping Consultant's approval shall include whether vegetation adequately softens the appearance of the east masonry wall as viewed from neighboring uroperties. The Landscape Consultant shall consider the desires and preferences of neighbors. The applicant's final design of the east masonry wall shall use the eight -foot height variance granted in conjunction with this historical use permit to have adequate height and siting to block noise and visual impacts to the east. All significant trees on the site shall be retained. Pedestrian Facilities —The final configuration of pedestrian facilities shall be approved by the PWD through the right-of-way use permit. The PWD shall consider safety and aesthetics in the transitions of walkways to adjacent properties. Restrictions on Changes of Use after HUP Approval —Changes of use are not permitted without a new Conditional Use Permit or Historical Use Permit. Approval of this Historical Use Permit does not guarantee the approval of a permit for another use. The review of future applications shall be limited to the applicable review criteria and not include circumstances specific to the applicant. Review of Final Architectural Plans —Prior to issuance of a building permit, the applicant shall submit architectural elevation drawings for review and approval by the Planning Department and PC Mark Nelson. The purpose of this review shall be to ensure that the final plans for the new building meet the applicant's stated objective of replicating the historic character of the existing buildings. The elevations shall specify the proposed color scheme for the building. The scope of this review may include any character -defining attributes such as color scheme, volume, scale, and massing as well as the detailing of windows, doors, cornices, entry covers, and awnings. Modified versions of the variances consolidated with the review of HUP 2003-01 are necessary to allow for operation of the historic use, and to minimize the impacts of the historic; use on adjacent properties. This necessary set of variances is as follows: 1. A variance to reduce the required structural setback from the NE 8`h Street property line from 20 feet to 7 feet, and 2. A variance to reduce the required structural setback from the Evergreen Point Road property line from 25 feet to 8 feet. 3. A variance for total structural coverage no greater than the existing structural coverage as certified by a licensed surveyor. This variance is approved with the following conditions: A. Facade modulation shall be required on the south facade at or before a distance of 58 feet, as measured eastward from the west wall of the building. (1) Modulation standards a. The minimum depth of the modulation shall be 5' 0 b. Additional modulation points are allowed. c. Roof eaves shall be allowed to encroach within the modulation step back. Roof eave design shall replicate existing roof eaves. B. Height modulation shall be required on the south facade at or before a distance of 58 feet as measured eastward frorn the west wall of the building. (1) Modulation standards City Council Meeting Minutes December 8. 2003 Page 9 a. The intention is to replicate the scale of the exist ng building. b. No portion of the roof proper may extend higher than 25 feet above the lowest point of original grade at the building wall. C. The height of the proposed building will be stepped down at the point on the south facade described above similar to the existing south facade. d. A shed roof similar to that which is proposed upon the north side of the building shall be provided at the east end of the building. C. Exterior elevations are to be reviewed and approved by the Planning Department and PC Mark Nelson prior to issuance of a building permit. 4. A variance for the proposed masonry wall along the east property line is to have a height of eight feet where the Zoning Code limit is four feet for the first 30 feet into the lot and six feet beyond. PUBLIC HEARING 2004 Fee Schedule Review —City Manager Schulze distributed upcated changes to reflect $75,000 in revenue that would come from the 2004 Fee Schedule. Discussion of the 2004 Fee Schedule was tabled to the January Council meeting. CONSENT AGENDA Council member Adam moved, seconded by Council member Morgan, to accept the consent agenda. Council member Rudolph requested modification to the minutes, which was acceptable to Council members Adam and Morgan, and the motion carried unanimously. E-1 Minutes from November 10, 2003 Council Meeting — approved with change page 2, lid cost is S60 million E-2 Minutes from November 24, 2003 Study Session — approved with change, bldg. Permit revenue is $600,000 E-3 November 2003 Checks and Finance Officer's Report -- approved E-4 Adopt Ordinance Establishing Schedule of Fees — adopted E-5 Authorize City Manager to Execute Small Works Roster Interlocal Agreement -- authorized E-6 Adopt Ordinance Amending 2003 Budget -- adopted REPORTS Police Department —Chief Knapp gave an overview of MPD activity during November: a. Four burglaries were committed within a nine -day period, and there was a good likelihood MPD would be able to identify the perpetrator. b. A resident gave chase to a car prowl suspect and signaled a neighbor to call 911. The suspect, who had an extensive criminal record, was apprehended and arrested by MPD. c. A resident reported a bank theft of $44,000, of which the bank would only honor $6,000 of the amount taken. Chief Knapp cautioned residents to monitor their bank accounts. d. Citizens were reminded Christmas presents were an invitation for burglary, and should be kept out of sight. City Manager Performance Review and Employment Agreement —The City Manager Performance Review/Employment Review was tabled. Discussion of Zoning Code Housekeeping Changes —Discussion of the Zoning Code Housekeeping Changes was tabled to the January Council meeting. Resolution Regarding Health Insurance Premiums —Discussion o- the Resolution regarding health insurance premiums was tabled to the January meeting. PUBLIC HEARING Pubic Hearing--2004 Budget— Deputy Mayor Odermat opened the 2004 Budget public hearing. Council member Nunn moved, seconded by Council member Adam, to continue the 2004 Budget public hearing to a special meeting at 6:00 p.m. on December 22, 2003. DJOURNMENT It was moved and seconded to adjourn at 11:50 p.m., and the motion carried unanimously. Attest: Deputy Mayor Mary Odermat City Council Meeting Minutes Decemher 8, 2003 Page 10 Caroll P. Wedlund, Recording Secretary ITEM E - 2 MEDINA CITY COUNCIL SPECIAL MEETING AND CONTINUED PUBLIC HEARING MINUTES December 22, 2003 Medina City Hall 6:00 PM 501 Evergreen Point Road Deputy Mayor Odermat called the special meeting and continued public hearing to order at 6:06 p.m. ROLL CALL Present: Council members Miles Adam, Drew Blazey, Thomas Morgan, Todd Nunn, Bob Rudolph and Deputy Mayor Mary Odermat Absent: Mayor Dan Becker Staff Present: City Manager Doug Schulze, City Attorney Kirk Wines, Public Works Director (PWD) Shel Jahn, Planning Director (PD) Joseph Gellings and Recording Secretary Caroll Wedlund PUBLIC HEARING Public Hearing --Ordinance No. 765, Adopting 2004 Budget --City Manager Schulze gave an overview of Version G, the most recent update for the proposed 2004 budget and distributed a copy of his Power Point presentation. He also presented an updated version of Ordinance No. 765. The difference between Version F and Version G was the addition of $75,000 of General Fund revenue, which was projected from the proposed 2004 Fee Schedule. City Manager Schulze explained sales tax had been down, but he had not yet seen the December report. Building permit revenues were also down from where the city had budgeted. He noted the 2004 budget would not result in service cuts. When asked about recoupment of the real estate excise tax that King County had not registered, City Attorney Wines stated the letter from Medina to the King County Assessor's office had gone to the wrong office and had not been forwarded. He did not feel the city would recover, based on the County not being required to forward the letter. He thought it was inexcusable, and speculated the letter had ended on someone's desk and was probably tossed. City Manager Schulze added as a follow up, King County would forward a quarterly report to Medina that was not normally automatically sent. This quarterly repot would allow the city to see properties that had been sold, and personnel could track the sales back. The city could also follow up to confirm the individual at King County had received the letter, and if it was not the right department, they could forward it. He stated the City Clerk was responsible for filing the letter with the County. City Manager Schulze added the monthly Finance Reports were based on actual revenues and expenditures. Since December was not yet over, the Projected Year End Balance was an estimate and had been developed by projecting revenues conservatively to avoid creating an overly optimistic situation, and estimating expenditures liberally to allow for small contingencies. The city would not close out year 2003 until January 12, 2004, and would provide final figures shortly thereafter. City Manager Schulze predicted the likelihood of the 2003 Ending Fund Balance being in the range of $4,600,000 to $4,800,000. This was a favorable ending fund balance compared to where they expected to be when the Council adopted the 2003 budget a year ago. He relayed December expenditures would include several major items such as the Overtake Drive East Bridge Project, Police Annual Holiday Pay, and some public works projects. He added the Council could amend the budget after adoption and make adjustments to accommodate it during the year. AUDIENCE PARTICIPATION Deputy Mayor Odermat opened the public hearing to the audience, and no one wished to speak. Following further discussion, the Council approved Ordinance No. 765, adopting the 2004 Budget. OTHER BUSINESS Resolution No. 300 Recognizing Community Service —Deputy Mayor Odermat recognized Council member Morgan for his community service to the city from January 1, 1996 through December 31, 2003, and requested Council member Nunn to read Resolution No. 300. By consensus, :he Council approved Resolution No. 300, Recognizing Community Service of Council member Torn Morgan, and Deputy Mayor Odermat presented him with a plaque on behalf of the city. Council member Morgan spoke briefly and left the meeting at 6:41 p.m. Interlocal Agreement with City of Clyde Hill for NE 12`h Street Project--PWD Jahn noted this interlocal agreement would save the city money, due to eliminating all charges from a professional engineering firm, and tapping into Clyde Hill's engineering and other services. He would work with Clyde Hill's PWD to obtain bids and get this project accomplished with management oversight for a lot less money than similar ones in the past. PWD Jahn stated more attractive bids were likely from prospective contractors during off-season periods such City Council Study Session Minutes December 22, 2003 Page. 2 as this. However, in return the successful contractor may request a more open completion schedule. Council member Rudolph moved to authorize the Interlocal Agreement wi`.h the City of Clyde Hill for NE 12`h Street project, seconded by Council member Blazey, which unanimously carried. Stamped Concrete Crosswalks with Brick Lay —Deputy Mayor Ddermat relayed the crosswalk on NE 12`h Street presented a "panic situation" with multiple flags, and asked if anything of a more permanent nature could be done. FWD Jahn responded the flags were there at the request of a resident for children crossing the street, and it had been working fairly well. He had planned to present to the Council at the January meeting installation of stamped concrete crosswalks with a brick lay that would give better definition in the traveled roadway. He added the attention should be before a motorist actually got to the crosswalk. PWD Jahn added such definition would help to make the crosswalks safer and would make them an identifying feature for Medina. When asked about the option of flashing lights, PWD Jahn responded he could also investigate them if the Council was interested. Flashing lights were an attention getter in a mid -block arrangement. City Manager Schulze added when the city checked into flashing lights two to three years ago, the cost was about $140,000 per crosswalk. EXECUTIVE SESSION City Attorney Wines explained the Council did not anticipate taking any action during Executive Session. By consensus, the Council recessed into Executive Session at 6:53 p.m. to discuss personnel issues, per 42.30.110(g), and reconvened at 8:05 p.m. ADJOURNMENT By common consent, the meeting was adjourned at 8:05 p.m. Attest: Caroll P. Wedlund, Recording Secretary Deputy Mayor Mary Odermat a �z e- K - - c - Z c n 4J s= L � = Z r G R L x� T� I I wi -r I wl vl ` w x r� =TEE E_3 w w w�II U p Z J PI + r N � P L Z yi W��I III � Z -lb 1/12/04 `:EE3L 2T:C .. 0; P 3- Fri - _a.._., __- __. ,A _.. _, __.__ _ _ •=3- _- .-nC_� 1J Cnnr.-'c�r jh 1/12/O4 b 1 / 12/04 it *ie_iT:_Ez t.__..__-___ __.eed ccV Eti P_.f_ dl 1h 1/12/04 13 or s q _0 d JJ _ aItness 7wi 4 +>... F E r..- IIAG ....= 5ENE— _.._ ! _2.. _Tcc_5„ __ _- L C '.0 4] JC ,-_.. .e1 4 Ti:,.ci-, ._ara _. k. _. . i --XE_= - E EE2,' 1b 1/12/04 lb 1/1?/04 -_i:_a I_E__._ 'I T TKWWV cz & W_ - _ _ :C_ __s _.. __ verscnnsl c =fi- . .:_ ___ _. __ zz cffl2e ant cp. v. q s __ Y_ ___na .___a 5_s 1) ,_ 2 Z lra%e- a .fain-- ___ _ =_R 1- 11 1; .__ _ _c �'3 10 _, 00 :nsu a=e !Wcioj ' C _ : I I I z. 01 I_r c _. 4ameL,'n rite _ C 3C: 318 1D 48 Ret a __s 2 U3in,lgnit,enm __� 1_' Misc_ laneo¢s in Do :. TillEa, ,:eamo_ _ :_. 1_ 64 c I =_ . _ .e and Eqwj"___ __ i 5 a,_= & CHAROW _.. 0 45 :0 lac Rental :_ ___ 30 W _.. �.� �M3' t _. _. . 13=SIN3 o -.] 11 ,'60.-0 -_ __ ill ,__-.__ _.._, __-:D 11..14 __._ ... -_.__ _ ..v _--, , _0-qc ._._-- _, . .._ 3,531 Do _,...IA: _.., -: 5,50 -_:_ in 13 - Z1,zA 02 _: 23 9,d_121 "- 36 5-G 74 z 1�.,o .1 ___ 6.. i 43 5. __-__ ._.:.Ci is 2.4, jb 1/12/ 4 on ...--v_i -.2__ _ .. ..__�.. __ 4 _ -, rI:LPL=� _ _ -0 51 41 .._ _=ty Hate- u_... ess.. _. z, ZE 1 2 2 1. .11 _-_ _.. h' �... .ram.. •_ _ I I/t,/( l -'-- rlidi...-. S LP 5 Z. .. ,, S_ C_ W-arch Servivas C?J ti _y 54_.3S h-=25CA - ___ -, -... __ .,,3CC_„_ 1_1.Y2 23 $_ 40 Marine ram=.:_ P .._ IS1an �_ _.._ = sr' .,.,_ 52 __ c,D ,Tail Lc ._s„nc =tea _ 123.3_ _-.2 __.._._-__ — _ '.. - ZIE .._.. in __ a-_` iL EK __ A,.__ )b 4/I2A) 4 jb 1/1 '/04 &'3 ., _.,...i_1 _T -F 2 jb L/12104 r li.: ,.. ?EF. 2'T'l ES cENEEI-S Egc�_.N. 3ES_F I -r .__ sS .ra___ _, _ C11- VI ors:^'c_s .,c _.�_2 q Jh l�l ��O1 -T EAT_v_ 2,, __ OC Za7ai ... 3_ On t .._ : 5 ZO 43 __. _ ____ _n9 �] S-4 7 2 44 C Ad- .5_-c OTHER oE_„_-CTS ',CTA_ FECRE.,T_-N-L:rE jb 1/1_/04 __. .... _..., ___._ _ _ - - ' C' __ e_ _� = Cc .._ 0 ?Erse :Ge= cen s 6_ _cna Se-r :es CC: ='o L� 4_ __ 7e-en_ene'Fcszace 00� CC, aC OC .. _._ i ... �C <., 3eu3 _ C '4e-r.� EqucFne�= dJG i sc E__aneo'.a .., ___ __.._.a SEH'1=^c8 �.__'..=.L r__.. icAiKS lb 1 i 1-1lU-t )b 1/1?/O4 ib 1 / 1 2/O4 ib 1/12/0 4 P- -.E F r jh 1/12/104 in _. . a: ___,z _3.3 25,_.,__03 :_._. c _3.3. 2,000.0L 593 33-.i:_ _.. __D_e__.._ S _.._s _::..c 14, M4._ 3 n_„_.S -._ 52 _:._,:_:_ _ _1 .'_ '_... 10 41 j: S-.,_. ., a__. 14a n-�nance -A z 3_..__ _s,ZOO .__ ,.:.,,_ 1 ,-_:. . ___ 132 AD_ 5.2 61 ,_ .,_ Elmer _gr. Un _____=_s =, __, _E._ __, _...._ I .._.. -4. �, ,. r- , ..,.r :. - - _ __ ..: 3__ c=z uu z. dJ _., 1, =ce e-r.c,a_ ___ .:] 1 ,OL __ _:: 1 :.00.-_ C';P:7AL ____ m- n-,.ear_ .:0 :_. _9._- _,..:7 1 D,.__ __.�•�- --TAL _.._ __.. __. Z55._ ,__.,. __ _._.__ _.. �- lb 1�1 2�04 jh 1/12M4 Ib 1/1JU4 _--ET --ZR. _ - _, ,3E _. _.. it) 1/12104 I 1/12/04 _jb t/12/04 jb 1/1_/04 I /1 2/04 Cite ot'Mcdina Clicck Rauisicr lleccmber 31, 2003 _...__ _, �. __c —..., .._ AIi. �.. � _.._G.. ^M2.AIiPf �r"— 53�� � �➢7 .., � _ _ __ __ .,�_,. _,_ 72 D l�]C — .,_EcLE _=T1 ..�_�__� �. __. __ ., _. :_ __ b 1 / 12/()4 Cit" ol'XIedina Check Re2ktcr Deccniber 31. 2003 :A LLE- E_= C_ _=_;._ Ei- mu_; Cc:; jb 1/12/04 Cit- of \Icdma Clicck Rc6sTcr December 31. 200 3 hick (licck �himh�r Amount u-. --"--- -S T.,_ -------- r N'' i -- - L i T1 _Z i. _C_ _JIC.,_7:,7 L _:_ C^O ., .._ --.:. ?...- _ u4 _ ll�ck , ll�ci L — City of %IQditia Chcck Rc�istar D,2ccmhcr 31. 2003 Villll'il AIllCIlill �� .. ___ . _ _ ._E-. Cite of McdlMl Cheep Rcgist,�r D)2c,mihdr 31. 2003 cl1ZCL '-"-"'- _"__ Z"-_ ----11T:__-.:: 7--- ......- -.._ -� __ r L_ 1_Ss_, _ S c_.i� - - --. �. _ - , 4 M- -49 4 G79 6 ..:. 3--A:' :IT--. 12 _ CI �E-7 i34:. mac'_ ccc .._1 2 .. -.... w- - _. 36 s= jh 1/12;U ( ON of U'dina ClICA Rasta Dcccmhcr 31. 2003 VLLI71hri' I ll'll IIt _ _.. ``_ ...-.. __ ♦_.'.. u__ .. -.=.1 ]ram.. _.J. ii_._ 7... .. I\.'_ i _E l_._A:� avyr__C� �'_--- IT VC -'6 0_ -._ _4 tb Ul?/t)�1 Cite of Medina Chick ReTlslcr Dccc;mbar 31. 2003 CII,�A (, k _, �� - -- _ ---_ - - -{ _N-.�.:�_ jb 1/12/04 Ciri of NIadnia Chad: Ka�istar llacambar 31, 2003 l }lLC�. lf1dC% b 1,;L .,- n _-.-.. L—F \u«ib.r Amount - r,a 4 - F, i== " rTT,-I ELc rs_.]. ... E ._-AL lb 1/11/04 City of lcdina Chcck Roy=iStcr Dcccmhcr 31. 2003 "A== Check hick ,.-nrc= E;:: CAI -- \wnh �lnowttA. - H d.AN 3 s A 7J a E.. .._ ...._ ..__ 12 is 3 1 321 .._.--CAL __S_.. OF;0:_E -CTA� _. __ d_ =?0.5.. 13'2J 7 ?1A CC-= .., _,:- -, rCC. i4Z ., -. Lx- F= .CGS T_,. __.MA h. `=.._ ,. ^0 C':'?3 .,� GrG �'.;� �C4 �- _ _� _.-_-._ -__ __„ __ oo�J hC"tE GH-IT � Lo=dI'LF : rye_ G^.' 7 ;'S5 �_ _. 591 - r -.. _Fr^I:.._ .. z-_ A..,. ,__ PLAID,� .,.. c_; 30'. 5_2 "' -_ 1) o. 9_2d_:c5 :.YiO___ -C..._ ;_..o- _._. C IHCA? WA AT ..,-P ;. _e.L..r y N-US':._ 1 _„ ._ ... -:.-. _6? 73 .c __ w_ LO .-. �. INS .___ T E aI c.t 92_5 -,Kom 1aQ11 EAST . _LAW LLC _,_, i_ .. ..,_ _.._ ]':_ 3co a] is :3 jb 1/12/04 Cih of Zladina ClIkXk Ra�IStCT Ddc,mibdC 31. 2003 Sumo<r Amount - --� _ -- _..- "�"-- -- _, --�- T._. - �- _�__.. �.... .. .z_, _ __. ., _ _ P!__.._ GCS - .� .._7'.: tlL NIENTHAL V.-. ,,R' 'CC ._ _-_ ?. �b 1/1 2/04 City of Modina Check Ra,2ister llecembcr 31- 20o w . -c- lb 1/l�04 o-,. L1 ., ., . F L _�. '3L! _.. _...... City ��f \ladin�i Cllcck Pc 2i`;tcr l)cc�nih�r 3L �003 Cheek C heck -, AJilmiri( \'-711-1 A_=7.T.�=:. -e -CC 4, _. -_�---L _ __ ACC 174 T:cH::- C :.I-=. --IL- 2 -_ ,, ., J_:3G _.._ .., .. .. -_� -, 4-._ -0 ---�_ i -.jZ - _ - I, - E?.5 E 40T _!1- b 1/12104 ITEM G-1 MEDINA POLICE DEPARTMENT Michael F. Knapp, Chief of Police CITY OF MIDLNA MONTHLY T ILY ACTT VTT Y REPORT DECEMBER 2003 Felony Crimes December YTD YTD Year End 2003 2003 2002 2002 A.--lravated Assault 0 0 2 1 Robbery 0 1 1 2 Semual Assault%Rape 0 2 0 0 13u1-,lary, Residential 2 15 12 12 Drug Violations 0 0 1 1 Fomcrc Traud 0 16 5 5 Theft (Over S250) 3 24 20 20 Malicious Mischief 0 5 3 3 Arson 0 ? 0 0 Auto Boat I heft 0 2 1 1 Possession of Stolcn 0 2 ; 3 Property TOTAL 5 69 48 48 Misdemeanor December YTD YTD Year End Crimes 2003 2003 2002 2002 Assault. Simplc 0 5 Malicious Mischief 1 26 is 18 (Under S250) Vehicle Prowl 0 2' 13 13 Theft (Under 5250) 2 13 39 39 Domestic Violence n l Nlinor in Possession 0 6 6 6 DCUL' Violations 0 I TOTAL 3 79 85 85 P lL'e 7 MEDINA POLICE DEPARTMENT Michael F. Knapp, Chief of Police CITY OF MEDINA MONITIIY ACTIVITY REPORT DECEMBER 2003, Accidents December 2003 YTD 2003 YTD 2002 Year End 2002 Injury 0 1 2 2 Non -Injure 0 16 1 1 11 TOTAL 0 17 13 13 Traffic Citations December 2003 YTD 2003 YTD 2002 Year End 2002 Driving Under Influence 7 41 44 44 "Other 19 206 305 305 TOTAL 26 247 349 349 Traffic infractions December 2003 YTD 2003 YTD 2002 Year End 2002 Speeding* 34 406 30S 208 Pal, 10 184 166 166 **Other 58 532 315 315 TOTAL 102 1122 689 689 Traffic Warnings December 2003 YTD 2003 YTD 2002 Year End 2002 TOTAL 272 2635 2138 2138 Calls for Service December 2003 YTD 2003 YTD 2002 Year End 2002 House Watch Checks 70 424 429 429 False Alarms 33 387 364 364 Assists -Citizen 13 217 86 86 Assists-Fire'Medic 9 139 79 79 Suspicious Circumstances 2 1 28 Proper- I oundiLost 1 18 1 1 1 1 Animal Complaints 0 12 1 Nlissin-) Person 1 2 4 4 \N arrant Arrests 11 68 69 69 'Other 4 60 39 39 TOTAL 144 1332 1121 1121 * DWLS: Fail to Transfer Title; No License ** Expired labs: No insurance; Fail to stop: Defective Equipment *** Verbal Domestic: Vandalism; Civil Dispute: Disturbance 'a MEDINA POLICE DEPARTMENT Town of Michael F. Knapp, Chief of Police Hunts Point e• TOWN OF HUNTS POINT MONTHLY ACTIVITY REPORT DECEMBER 2003 Felony Crimes December Year To Date Year To Date Year End 2003 2003 2002 2002 Burglar%. Residential 1 2 6 6 Forger% (Identity Thett) 0 5 0 0 Theft (Over $250) 0 6 1 1 AutoiBoat Thcft 0 2 0 0 TOTAL 1 15 7 7 Misdemeanor December Year To Date Year To Date Year End Crimes 2003 2003 2002 2002 Assault, Simple 0 0 1 1 Malicious Mischief 0 2 2 (Under 5250) Vehicle 131 OYI 0 Theft (Under 5250) 0 I Domestic Violence ( 0 0 0 Dll � Violations 0 I I I TOTAL 0 6 10 10 PaL*e 2 {' MEDINA POLICE DEPYLRTMENT Michael F. Knapp, Chief of Police Town of �_ _ Hunts Point MONTHLY A"T Y REP CORT �✓' DECENMER 2003 Traffic December Year To Date Year To Date Year End Citations 2003 2003 2002 2002 Drivin_ Under Influence 0 4 8 8 Accidents 0 0 3 3 *Other 2 67 119 119 TOTAL 2 71 130 130 Traffic December Year To Date Year To Date Year End Infractions 2003 2003 2002 2002 Speeding 0 68 24 24 Parkin.- 0 7 13 13 **Other 12 206 1 s18 1 �8 TOTAL 12 281 195 195 Warnings December Year to Date Year to Date Year End 2003 2003 2002 2002 Traffic 56 634 1101 1103 TOTAL 56 634 1103 1103 Other Calls December Year To Date Year To Date Year End for Service 2003 2003 2002 2002 House Watch Chccks 3 28 48 48 False Alarms 7 91 90 90 Assists-Citizcn 27 4 4 Assists -Fire, Medic 2 19 i Suspicious Circumstances 0 3 4 4 Property—LostFound 0 i Animal Complaints 0 0 0 0 Warrant Arrests 0 20 24 24 ***Other 10 TOTAL 15 201 191 191 DWLS: Fail to Transfer Title: No License ** Expired "tabs: No insurance. Fail to stop: Delective Lquipment *** Verbal Domestic: Harassment Civil Dispute; Arson ITEM G - 3 CITY OF ME©INA Evergreen Point Road, Medina, WA 98039 (425) 454-9222 ww),%,.ci.medina.wa.us e-_T 7 e' 11 DATE: January 6, 2004 THRU: City Manager TO: City Council FROM: Director of Public Works RE: Public Works Activity Report 1. Attached is the Public Works Activity Report for the period 1 — 31 December 2003, 2. The intent of this report is to provide the City Manager and City Council with a narrative description of the primary activities occurring within the Public Works Department over the included period. ITEM G - 3 CITY OF MEDINA 501 Evergreen Point Road • P.O. Box 14- • Medina. WA 9803 9-014' Telephone 425-454-9222 • Fax 425-454-8490 • Police 425-454-1332 MEDINA PUBLIC WORKS ACTIVITY REPORT (1 - 31 December 200:;�) This report describes the activities of the City of Medina Public %Yorks (PW) Department for the period shown. 1. Routine Public Works Maintenance — a. Routine parks, streets and building maintenance work continues with the Public Works Crew (PWC) focusing on winter maintenance and repair activities for our parks. streets and buildings. Frequent leaf and debris pickup, and storm related cleanup activities were required throughout December. Two complete cite -wide passes by our street sweeping contractor were accomplished during the month and our vactoring service cleaned out approximately 20% of our 72 1 — catch basins. [Keeping the leaves and debris picked up and our catch basins clean not only reduces sedimentation runoff into Lake Washington and improves the aesthetics of our streets. but it helps prevent storm drain backup and flooding during periods of heavy rain or snow and ice melt.] Additional service work was performed on our trucks, plows and sander and more sand was stockpiled all in preparation for winter weather needs. b. Our injured PWC employee returned to work t'iirou,hout December, although with limitations on lifting and performing other specific functions 'tasks. A decision on whether or not to do the same arthroscopic surgery on the second wrist as performed or. the first is still pending. Another PWC employee is scheduled for relatively minor leg surgery in mid -January although, it is anticipated that there will be approximately 4-5 days of lost time. 2. Public Works Maintenance and Repair Projects, Special Activities — a. The Public Works (PW ) maintenance shop building roof and eaves trough replacement project was accomplished in December. b. Several more street identification. stop. speed limit. pedestrian crossing, and construction related signs were repaired. straightened or newt installed around the Cite. An example of the improvements being made to our `'mid -block' pedestrian crossing warning signs is shown at figure I in the attaeliment to this report. c. In response to a request by several residents who are concerned about excessive speed on 78"' PI NE and NE 52 St. the PWC placed the Nu-Nietrics ITEM G - 3 electronic traffic pads on these two local access roads anc. gathered 5 days of traffic data. The results have been shared with the residents and with the Policc Department. d. During December, ea<h member of the MAV put together their work responsibilities and skill requirement information sheets in support of the job classification and compensation study initiated by the Ci,� ivlanager for all Cite employees. e. Various riding mower models were broueht to the P`X shop and demoed b} several vendors and bids were procured for the replacement mower as authorized in the 2004 buduet. f. Winter maintenance v,,as performed on the Medina Beach garden area. g. Additional work was accomplished in December to improve the lights and electrical power supply for the Medina holiday Tree in Medina Park. h. The PWC placed several postings for the Planning Department for upcoming or continuing land use hearings. i. As shown in figures 2 and ; in the attachment. several projects to repair unsafe or install new sections of sidewalk were accomplished during the month. j. The old broken up asphalt pathway along unopened 80`h Ave. NE connecting NE 12"' St. and ICE 14`f' St. was removed and replaced. Pictures of this project may be found at figure 4 in the attachment. k. Two new catch basins and storm drain pipes vtiere installed at the corner of NE 9°i St. and 861h Ave. NE, and in the cul-de-sac on NL 9`t' St, which will improve the safety of the corner ditch line and help alleviate flooding problems for local residents. Pictures of the project may be found at figures 5 8 6 in the attachment. 1. During December, PW sent in several more vehicles and items of equipment for routine preventive maintenance needs. m. Drainage ditch repairs were made to improve street drama<�e near �44 Upland Road. n. Two members of the PWC were called in by the on -duty Police Officer during the early morning hours of December 10"' to plovN snow off Medina's minor arterial and collector streets, and from critical intersections and steep roadways. 3. Park Projects ,' Issues — a. As previously reported. the Park Board has been working with Pia' on the n-1Nv Lake Lane Dock and Community Dock at Viewpoint Park identification signs. They v, ill be very similar to the bollard type signs currently found throughout the City \� hich identitti the Points Loop Trail. The PWC has cut and prenared the bollards and is no-,v ITEM G 3 waiting for final fabrication of the signs. Similar bollard_, and signs are being made for the Indian Trail pathway. b. The Park Board continues to work on the kledina Parks Donation and Memorial Policy document. Again. the intent is to establish guidelines for the standards. review and acceptance of proposed donations and,or memorials to our Parks. c. 'I'he surve}of the right-of-wa} private property line between the Communit% Dock at Viewpoint Park and Mr. & Mrs. Charles Noon's parcel at 8?2) Overlake Drive West has been accomplished and reviewed with the PigotCs. A fence contractor has been selected and the components of the new fence are being fabricated. When read%. the old unsightly chain link fence along the southern edge of the Dock'Picnic area will be removed and replaced with a wooden fence identical to that found on the northern side of the area. Again. this project is intended to establish the exact right-of-way property line. improve the appearance of the Dock/Picnic area. and pro,,-ide better securit% and pri%ac', between the Dock/Picnic area and the Pigott property d. The PWC has received the frames and special wood for five new park benches. The wood is currentIN being finished in preparation for bench assembly and installation. e. Treated timbers have been ordered to replace tte rotting landscaping edging detail adjacent to the Viewpoint Park vehicle parking area. f. A new drain line, catch basin and rock porous pipe filled French drain trench was installed in Medina Park adjacent to the NE I_1* St. parking lot to eliminate the ponding water and reduce the mudding problem for Park users as they enter the Park from the parking lot. 4. Capital Improvement Plan (CIP) Projects — a. Design and permitting work for the Medina Beach Park Bulkhead Rehab and General Improvement Project was placed on hold during December pending the approval of the 2004 budget. The DPW will update the Park Board and City Council as progress is made. b. King County Road Services Division completed the repair work on the wo Overlake Drive East bridges on December 19`'. J-he work performed by King County was excellent, and althoueh a final invoice has not vet been received, the cost to the Citv is expected to be less than the SI50.000 authorized and less than the S300,000 estimated project cost if the design and repair work had been done by a private contractor. Some pictures of the problems we had and the repairs made may be found at figures 7 R 8 in the attachment. c. The Director of Public Works (DPW) continues to work with the City of Clyde Hill in preparation for the 2004 joint effort NE 12`t' St_ and Lake Washington Blvd O%erla} CIP project. The interlocal agreement between Medina and Clyde Hill pertaining to this project has been signed as authorized b, the Cit} Council. ITEM G - 3 d. Trees and shrubs are being procured by the PuiC to accomplish the finai landscaping phase of the 2003 Indian Trail Drainage Improvement project. N ork or, ill;, project will continue into the spring. 5. Committee and Seminar/Workshop and Training Attendance— No committee meetings or workshops were attended during the month of December. 6. Other — a. As previously reported. the DMA continues to work with PSE to resolve the land encroaclunent issue associated with the Public Works shop parking and storage area. The double high ecology blocks to contain an}temporary debris holdings and plantingTs and the new security fence are now in place. The field survey work has been accomplished and the site layout drawings are being finalized. PSE has stated they will issue a 10 vear land use permit to the Cite once they receive the site layout drawings. As discussed at the November 24`h Council Study Session. inserted into the proposed 2004 budget are funds to surface this back yard area. plus install the proper drainage system for the entire shop area impervious surfaces complete with an oil water separator to protect the adjacent wetlands as required by environmental law. The PWC is also working to improve the screening between the new fence,�storage area and Medina Park. Fabric will be placed on the fence and trees and shrubs planted along the fence line. b. As noted in the November report, the final tree removal invoice was sent to PSE for the last phase of the PSE vegetation management program. This invoice w°as for $53.791.00. Payment has not vet been received from PSE as was anticipated in December. The issue is being pursued by the DPW. After receipt of this payment. the total amount contributed to the Medina tree fund by PSE for this project will be $100.914,00. The PWC continues to acquire and plant trees and shrubs as committed to during the PSE, vegetation management project. This prcject will continue well into the spring. c. Also as noted in the November report. the 84`' Ave. NE / Overlake Golf and Country Club / St. Thomas Church tree project is underway. The first meeting was held on November 19, 2003. All participants reported that they felt the initial meeting went well. Staff is now finalizing updates for further consideration and preparing cost estimates given the guidance received from the committee. The next meeting is scheduled for January 7. 2004. d. As authorized by the City Council. the interlocat agreement has been signed with the Citv of Lynnwood and Medina is nov< a member, agency on Lvnnwood`s shared Public Works Small Works Roster. -T V� W V LL N LU D LL NLn LU LL w 0 LL Z Q co Q' } uj W W p S awl a 0 w a j LL a ca LL! w D 0 U. s` IV K �A, J4' uj uj LU I auj JwW U'Ix ui Lu > co O m H I 00 W V U. 1 1 L u }i t ell I W z J ` Fn a "p!► U) ITEM G - 8 CITY MANAGER'S REI3ORT DATE: January 7, 2004 TO: Medina City Council FROM: Douglas J. Schulze, City Manager 2001 Campaign Flyer Investigation — I have contacted the Washington Association of Sheriffs and Police Chiefs (WASPC) to request their assistance with this issue. I have attached a copy of the letter sent to WASPC as well as their response. At this point, the following agencies have been contacted and declined to assist with the investigation: • Washington Attorney General's Office • Washington Public Disclosure Commission • King County Assessor's Office (Election Division) • Washington Association of Sheriffs and Police Chiefs • Department of Justice — U.S. Attorney Additional effort can be made to contact other agencies, but responses from all contacts to date have been very consistent. I do not anticipate any local, state or federal law enforcement agency assistance with this matter. I would like direction from the City Council to determine if additional time and resources should be used. Current Projects and Issues — The following summary is intended to provide the City Council with a quick look at some of the current projects and issues. • 2003 Year End Financial Issues/Report • Police Chief Vacancy • 2004 Work Plan and Performance Goals o City Manager o Director of Public Works o Planning Director o City Attorney o City Clerk o Finance Officer o Police Chief • 2003 Performance Appraisals • Campaign Flyer Investigation • Citizen Service Request Tracking System • 2004 Legislative Action Plan • Employee Survey • Rose Property & City Facilities ITEM G - 8 CITY MANAGER'S REPORT • Public Works Labor Agreement • Police Officer Labor Agreement • ARCH Housing Trust Fund Projects • Regional Communications Interlocal • Jail Services Interlocal Agreement • Customer Service Training Program • Sales Tax Streamlining Project tracking • Various Website Improvements/Changes • Annual Asset Inventory • Health Insurance Cost Control • Customer Service Survey • Local Government Cable Access Channel 2004 AWC City Legislative Action Conference This annual conference is held in Olympia and provides an excellent opportunity for elected and appointed officials to become familiar with key legislative issues, meet with legislators and network with other local officials. The Conference is scheduled for January 28 and 29"'. Council Member Adam has expressed interest in attending the first day of this two-day conference. If other members of the City Council wish to attend, please contact Randy Reed for registration. AWC Newly Elected Workshop I am going to keep "promoting" this workshop because I would like every member of the City Council to attend this workshop, at least once during each four-year term of office. In addition, I would strongly encourage the City Council to consider establishing a goal for each member to complete the AWC Certified Municipal Leadership (CML) Program. Attendance at this workshop earns six credits toward the 30 credits required over a period of three years to complete the program. HIN6A% December 12, 2003 Mr. Jim LaMunyon, Deputy Director Washington Association of Sheriffs & Police Chiefs 3060 Willamette Drive Lacey, WA 98516 Dear Mr. LaMunyon: Per our conversation on Friday, December 12, 2003, 1 an- providing a written request to the Washington Association of Sheriffs and Police Chiefs (WASPC) to assist the City of Medina with an investigation. On October 13, 2003, the Medina City Council requested that an investigation be re -opened to identify the person(s) resporsible for authoring and distributing a campaign flyer prior to the 2001 General Election. I have enclosed a copy of a memorandum from Chief Knapp, which provides a background summary of this issue as well as a timeline of Medina Police Department activity regarding the allegations. If you have any questions, please feel free to contact me. Thank you for your time and consideration. I look forward to your response Sincerely, Douglas J. S ulze City Manager Cc: Kirk Wines, City Attorney WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 3060 Willamette Dr NE Lacey, WA 98516 PHONE (360, 486-2380 FAX (360) 486-2381 WEBSITE — www wasps org :iclzv the Lana LRfOM-11-it", ( ommumr cA 'h �-iuzen, o, `X aslraieron December 23. 200, Douglas J. Schulze Cite Manager 501 Evergreen Point Road P.O. Boa 144 !Medina, WA 09039-0144 Dear Mr. Schulze: This is in reference to your request for assistance with an investigation regarding campaign flyers that were distributed within the City of Medina prior to the 2001 General Election. The Washington Association of Sheriffs and Police Chiefs (WASPC) will not proyice anv assistance with this investigation. The matter to which von refer was originall}receix ed as a complaint by the Medina Police Department on November 5. 2001. At that time.. they contacted the Washington Attorney Generals Office, the king County Assessor's Office (Election Division)_ and the Washington Public Disclosure Commission (PDC). It ,vas determined that the PDC had primal% and f.vJusiNe jurisdiction over such matters. This matter has been investigated and acted upon by the PDC W'h Ie eve have empathy for the victims of this matter, the PDC has ruled that there yeas no violation for distributing the flyer, only for not displaying the name of the sponsor. There is no criminal act involved. I -his matter is over tvvo tears old. It has been investigated by the agency ofjurisdiction (PDC), and has been closed. WASPC does not have its own investigators to conduct investigations. We rely on contracted services of investigators from police departments in neighboringjurisdictions. WASPC investigations veireralk involve police misconduct or issues that are closeh related to police matters. That is not the case in v°our incident. We believe that further investigation of this matter is not warranted and that it tivould be an unnecessary use of limited police resources. Thank you for your consideration of the Washington association o:- Sheriffs and Police Chiefs in this matter. If we can be of further assistance_ please do not hesitate to contact us. Sincerely, 2 ��Gz L rry V. rickson. Executive Director Washington Association of Sheriffs and Police Chief; ,III, , D.AN LaROCHE �COTT G. SMIT 11 C .Jmnnlult . u. a� GENE DAL\ S. ,R A'mim. rbmin o (. 1>%Ira I SCHARF GARR\:UIIERSON JOHN L DIDION 1 h ParrJn �moin (RAU;F Tll>)FR RANDALL H. CA Rk OLL Cba! li h:un DAVID G. RLICHERT Do\qLU f��l.:\NI. HRLCE L WORK n R SCOII CRARIRAF_ aw N16EV DIA'ER RONAL VA. SERCAS li W LARRI 6. ERICR,ON ITEM I - 1 CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 98039 www.medina-wa.gov MEMORANDUM DATE: December 17, 2003 TO: Medina City Council FROM: Doug Schulze, City Manager 425.454.9222 RE: Election of 2004 — 2005 Mayor RECOMMENDATION: Elect a member of the City Council to serve as Mayor for the period of January 1, 2004 through December 31, 2005. POLICY IMPLICATION: RCW 35A.13.030 governs the election of the mayor in council — manager code cities. BACKGROUND: The provisions of RCW 35A.13.030 are: • Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their number. • The chairperson of the council shall have the title of mayor and shall preside at meetings of the council. • In addition to the powers conferred upon him/her as mayor, he/she shall continue to have all the rights, privileges, and immunities of a member of the council. • The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. • The mayor shall have no regular administrative duties. The January 12, 2004 City Council meeting will be called to order by the City Clerk. Newly elected and re-elected members will be administered an Oath of Office as the first item of business. The next item of business will be election of the Mayor. Once a mayor has been elected, the meeting will be turned over to the new mayor. Election of the mayor can be done by a nomination and ballot process or through a motion and voice vote. ITEM 1 - 2 CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 98039 425.454.9222 www.medina-wa.gov MEMORANDUM DATE: December 17, 2003 TO: Medina City Council FROM: Doug Schulze, City Manager RE: Election of 2004 — 2005 Deputy Mayor RECOMMENDATION: Elect a member of the City Council to serve as Deputy Mayor. POLICY IMPLICATION: RCW 35A.13.035 governs the election of the deputy mayor in council — manager code cities. BACKGROUND: The provisions of RCW 35A.13.035 are: • Biennially at the first meeting of a new council, or periodically, the members thereof, by majority ,✓ote, may designate one of their number as deputy mayor for sich period as the council may specify, to serve in the absence or temporary disability of the mayor. 0 ITEM 1 - 3 ` CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 98039 wwvv.medina-wa.qov MEMORANDUM DATE: December 17, 2003 TO: Medina City Council FROM: Doug Schulze, City Manager 425.454.9222 RE: Appointment of 2004 City Council Committees and Representatives RECOMMENDATION: Select members of the City Council to serve on various committees and to represent the City on regional committees and organizations. POLICY IMPLICATION: In the past, the City Council has used a committee system to facilitate the decision making process and improve the efficient use of meeting time. BACKGROUND: The City Council Committees previously established include: • Personnel Committee — Coordinates annual performance evaluation of City Manager. Reviews advisory board applications and recommends candidates to mayor for appointment to advisory boards. Consists of three members of the City Council. • Finance Committee — Reviews monthly finance reports and checks. Meets with City Manager to discuss finance issues, as needed. • Emergency Preparedness Committee — Represents City Council and serves as liaison with volunteers. Committee is charged with coordinating emergency preparedness programs & services. The City Council may wish to continue using these committees, establish new committees, or eliminate some or all of the committees. If used appropriately, the committee system is an effective method for using meeting time more efficiently. If the City Council wishes to use a committee system, it is important for the full City Council to establish the role, authority and responsibility for each committee. All committee meetings must be properly noticed and should be considered public meetings, unless discussion topics qualify for executive session. In addition to the committees of the City Council, there are a number of regional and/or intergovernmental organizations that the City has not fully participated in during the past several, years. The City Council may wish to consider appointing representatives to some or all of the following: • Suburban Cities Association • Water Resource Inventory Area 8 • SR 520 Advisory Board • Association of Washington Cities • National League of Cities 0 Page 2 ITEM 1 - 4 ai M�f� CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 98039 425.454.9222 _ ,.meedina- .qov MEMORANDUM DATE: December 22, 2003 TO: Medina City Council FROM: Doug Schulze, City Manager RE: 2004 Study Session Dates/Times RECOMMENDATION: If the City Council decides to continue the Study Session meetings, a resolution setting the dates and times for 2004 Study Sessions is recommended. If the City Council decides to conduct regular meetings twice each month instead of one regular meeting and one study session, an ordinance amending Medina Municipal Code Chapter 2.04.010 is recommended. POLICY IMPLICATION: MMC 2.04.010 sets regular meetings of the city council for the second Monday of each month. Study Sessions have been set by resolution at the beginning of each year. In the past, the City Council has not used Study Sessions for any business requiring action. Study Sessions have been limited to two hours and to discussion of items prior to action at a regular meeting. Study Sessions were held from 4:00 p.m. to 6:00 p.m. prior to January 1, 2CO3. The City Council changed the start time of Study Sessions approximately one year ago to 6:00 p.m. BACKGROUND: During late 2003, members of the City Council briefly discussed making changes to the dates and times of meetings. In addition, at least one member of the City Council has suggested replacing the Study Sessions with a second regular meetirg. Many city councils meet in regular session at least twice each month however there is no requirement to meet more than once each month. A few cities, including Clyde Hill, Hunts Point and Yarrow Point meet only once each month. Prior to 1997, the City Council met only once each month, but held several committee meetings each month. In 1997, the City Council started using Study Sessions on a monthly basis, which provided the City Council with an opportunity to discussion issues on a more informal basis than allowed during regular meetings. During the past year, regular meetings routinely lasted at least four hours and many study sessions last thirty minutes to one hour longer than the two hours originally planned. The opportunity to study issues in- depth during study sessions is certainly a benefit however the long regular meetings could be much shorter if a second regular meeting was held each month. In addition, it is very difficult for anyone to maintain focus and attention after more than three hours in a meeting If a second regular meeting is preferred, it should be noted that staff "turn -around" on agenda items -nay not be possible within a one - week period (time between meetings and agenda distribution). ITEM I — 4a CITY OF MEDINA RESOLUTION NO. A resolution of the City Council of the City of Medina, Washington, establishing study session meeting dates for the Medina City Council. THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, does resolve as follows: RESOLVED that the City Council shall meet on the fourth Monday of each month, commencing at p.m. Said meetings shall be known as City Council Study Sessions and shall, to the extent possible, be conducted on an informal basis; provided, that the City Council shall have the same authority to conduct any business at a study session as could be conducted at a regular meeting of the City Council. PASSED BY THE CITY COUNCIL ON THIS 12th DAY OF JANUARY, 2004, AND SIGNED IN AUTHENTICATION OF 11-S PASSAGE ON THE 121n DAY OF JANUARY, 2004. Mayor Approved as to form: Kirk R. Wines, City Attorney Attest: Randy Reed, CMC, City Clerk ITEM 1 - 5 CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 98039 425.454.9222 www.medina-wa.gov MEMORANDUM DATE: January 6, 2004 TO: Medina City Council FROM: Doug Schulze, City Manager RE: Resolution No. 303, Adopting Fee Schedule RECOMMENDATION: Adopt Resolution No. 303. POLICY IMPLICATION: Adoption of Resolution No. 303 will approve a new fee schedule, which will become effective immediately. The fees are intended to recoup the actual costs of providing services and to end the current practice of subsidizing construction services through other sources of revenue. BACKGROUND: Attachments to this cover memo include the following: a. 2004 Fee Schedule b. Memo from City Attorney Kirk Wines regarding Resolution No. 303 c. Resolution No. 303, Adopting a new fee schedule, effective immediately The 2004 Fee Schedule has been developed with the intent of setting fees to recover the full cost of the service provided. The resolution has been proposed as a method to adopt the fees so they become effective immediately. CITY OF MEDINA FEE SCHEDULE Fee Type Amount MMC Section Chapter 1.15 Code Violation Penalties $100.00 per violation first Section 1.15.020 day; $200.00 per violation 2" day; $300.00 per violation 3'd day; $400.00 per violation 41h day; $500.00 per violation each add day after day. - Chapter-2 2.48 Accident reports/incident Accident Reports $4.50 Section 2.48.030 (A) reports_ Incident Reports $7.50 Audio Duplications $15.00 per tape or CD Section 2.48.030 (A) 2 Computer printout, set up fee J' $25.00 Sect noiSect 448.030 (A) Computer printout, additional per page cost Each page $0.15 Section 2,48.030 (A) Copies, color Each page $0.50 Section 2.48.030 (A) Copies, black & white 81/2 X 11 Each page $0. 55 Section 2.48.030 (A) 11 X 17 Each page $0.20 Maps —color 18 X 38 $45.00 Section 2.48.030 (A) Maps — b & w 18 X 38 $12.00 Section 2.48.030 (A) Ordinances, Resolutions & First copy free; all others I Section 2.48.030 (A) Notices of Decision construction Blueprints $0.15 per page _ $5.00 Section 2.48.030 (A) (copies) Chapter 2.78 Hearing Examiner Fee $1,000.00 Section 2.78.120 I Chapter 4.01 Witness Fee $10.00 per day, plus Section 4.01.100 mileage in the amount set by RCW 43.03.060. Expert witnesses may be paid in excess of this amount only upon prior agreement between the City and the Expert Witness. Juror Service Fee $10.00 per day, plus Section 4.01.110 mileage in the amount set by RCW 43.03.060 Case Filing $31.00 per case Section 4.01.120 P:\01122004 Agenda Packet\Item 1-5a, 2004 Fee Schedule.doc 1 /7/2004 Fee Type Amount MMC Section Transcript of Judgment $6.00 per judgment Section 4.01.120 Certifying any document on $5.00 per document, plus Section 4.01.120 file $0.10 per page for copies Preparing the record of a $40.00 per case, plus Section 4.01.120 case for appeal to Superior Court Superior Court Filing Fee $10.00 per tape Section 4.01.120 Duplication of part or all of the electronic tape of a proceeding i Probation Fee $50.00 per month Section 4.01.120 Stop Payment Fee for $25.00 per check Section 4.01.120 Court Issued Checks Section 4.01.120 Non -Sufficient Funds Fee $25.00 per check for Returned Checks Vehicle Impound Hearing $31.00 per case Section 4.01.120 Fee Proof of Insurance Card/Administrative $25.00 per case Section 4.01.120 Dismissal L Electronic Home Detention $25.00 set-up, plus $105-00 Section 4.01.120 per week, unless another amount is set by Court order Work Release S25.00 set-up, plus $20.00 Section 4.01.120 per day, unless another amount is set by Court order Day Detention $10.00 per day, unless '' Section 4.01.120 another amount is set by Court order Fails ure to Respond $25.00 for parking cases Section 4.01.120 1 $52.00 for infraction cases Chapter 5.04 Business License $150.00 Section 5.04.020 Cable Franchise Negotiated with Franchisee Section 5.08.060 �, P:\01122004 Agenda Packet\Item 1-5a, 2004 Fee Schedule. doc 1 /7/2004 Fee Type Amount MMC Section Chapter 6.04 Animal Impound Fee $30.00 1" & 2" impound; Section 6.04.030 $50.00 3" impound; $200.00 4`�' or subsequent in a year, plus $5.00 per 24-hour period. Dog License — Annual $10.00 Section 6.04.040 spayed/neutered $7.00 Senior Citizen Dog License — Annual $20.00 Section 6.04.040 unspayed/unneutered $15.00 Senior Citizen Dog License — Lifetime $30.00 Section 6.04,040 spayed/neutered $20.00 Senior Citizen r�Do!g License — Lifetime npayed/unnueutered $60.00 $40.00 Senior Citizen Section 6.04.040 Cat License — Annual $7.00 Section 6.04.040 spayed/neutered $5.00 Senior Citizen Cat License — Annual $12.00 Section 6.04.040 unspayed/unneutered $10.00 Senior Citizen Cat License — Lifetime $20.00 Section 6.04.040 spayed/neutered $12.00 Senior Citizen Cat License — Lifetime $36.00 Section 6.04.040 unspayed/unnueutered $25.00 Senior Citizen Replacement Tag $2.00 Section 6.04.040 Late Renewal Fee $5.00 Section 6.04.040 �—Home Chapter 8.12 Security System No charge Section 8.12.030 Registration -response False Alarm Response Fee 1 s' --Free Section 8.12.030 2" response - $50.00 3`d response - $100.00 4`" response - $150.00 5"' response - $200.00 6"& subseq - $250.00 P:\01122004 Agenda Packet\Item 1-5a, 2004 Fee Schedule.doc 1 /7/2004 Fee Type Amount MMC Section Chapter 8.16 ' Pyrotechnics Display No charge Section 8.16.045 License Chapter 8.28 Radon Detector Fee Rescind — Do not provide Section 8.28.030 Radon Detectors Chapter 10.40 Parking Permit No charge Section 10.40.060 Chapter 10.48 Bicycle License $1.00 per year Section 10.48.010 Chapter 10.72 Oversized Vehicle Permit $500.00 Section 10.72.010 Overweight Vehicle Permit $500.00 Section 10.72.010 Tracked, spiked, cleated, Section 10.72.020 lugged vehicle permit $750.00 Construction Vehicle No charge Section 10.72.030 Parking Permit Chapter 12.06 . Street Excavation/Trench $250.00 non-refundable, Section 12.06.020 Cut Permit plus cost for City inspectors Section 12.08.060 based on hourly rate (wages & benefits) of the employee(s) involved 'Chapter 12.08 Right-of-way Use Permit $150.00 — off paved surface Section 12.08.010 $250.00 — on paved surface Chapter 12.28 ROW Tree Trimming or $50.00, plus consultant Section 12.28.130 Removal Permit fees Tree Removal Permit — $500.00, plus consultant Section 12.28.270 During Development ment fees I P:\01122004 Agenda Packet\Item 1-5a, 2004 Fee Schedule.doc 1 /7/2004 Fee Type Amount MMC Section Chapter 12.36 Garage Sale Permit No charge Section 12.36.010 chapter 13.12 Blanket Utility Permit 0, plus consultant Section 13.12.040 fees 'fees Chapter 14.04 Conditional Use Permit $750.00, plus consultant Section 17.56 fees Variance i $850.00, plus consultant Section 2.78 fees Special Use Permit $750.00, plus consultant �_Section 14.04.010 1 fees Non -Conforming ROW $200.00, plus consultant i Section 14.04.010 J Permit fees Lot Line Adjustment $375.00, plus consultant & Section 14.04.010 —1 recordinq fees J Substantial Development $850,00, plus consultant Section 14.04.010 Permit fees I Administrative Decision $500.00, plus consultant Section 14.04.070 Appeal Fee fees Chapter 14.08 Administrative Review Permit $500.00 Section 14.08.010 Chapter15.04 Building Permit Attachment A Section 15.04.030 Building Permit Extension $150.00, plus actual cost of Section 55.04.040 inspections Grading Permit $300.00, plus consultant Section 15.04.070 fees Mechanical Permit Attachment B Section 15.04 P:\01122004 Agenda Packet\Item 1-5a, 2004 Fee Schedule.doc 1 /7/2004 Fee Type Amount MMC Section F ,Chapter 15.08 r II Building Moving Permit $150.00, plus Section 15.08.030 staff/consultant costs Cha 'ter 15.20 Construction Mitigation Level I - $200.00 Section 15.20.010 Permit Level II - $2,500.00 Chapter 16.04 I Short Plat Fee $750.00, plus consultant & Section 16.04.030 recording fees Chapter 16.08 Subdivision Fee $5.00 per lot, plus costs of Section 16.08.040 engineering, recording fees, plan review and inspections Chapter 17.44 Fee Schedule Authority is delegated to the Section 17.44.030 city manager to increase or decrease fees for development permits to reflect, as closely as possible, the actual cost to the city of processing development permits; provided that the city manager must submit any proposed modification to the city council, at its regular meeting, not less than 45 days prior to the effective date of said modifications and the council may reject any proposed modifications. Chapter 17.50 �I Accessory Dwelling Unit $175.00, plus consulting Section 17.50.040 (E) Registration Fee fees Chapter-17.52 Special Use Permit — Satellite Receiving System $100.00 Section 17.52.060 (B) Chapter 17.64 Home Occupation Permit $25.00 Section 17.64.0 00 J Adult Family Home Permit No charge Section 17.64,020 (A) Family Day Care Permit No char e g Section 17.64.020 (B) E_ P:\01122004 Agenda Packet\Item 1-5a, 2004 Fee Schedule.doc 1 /7/2004 Fee Type Amount MIMIC Section Chapter 17.68 House Trailer Occupancy $10.00 Section 17.68.040 (D) Permit Chapter 17.80 Sign Permit _ $100.00 Section 17.80.100 (B) Sign Impound Fee $25.00 Section 17.80.140 Gha .ter 97.88 Waterfront Construction $50.00 Section 17.88.020 Fee Chapter 17.90 Wireless Communication $5,000.00 Section 17.90.050 Facility Permit Chapter 18.04 �Environmental Exemption (SEPA & Shoreline) $50.00 Section 18.04.010 Shoreline Development $750.00 Section 18.04.010 erm Pit ' Concealed Weapon Permit Other $60.00 Original RCW 9.41.070 $32.00 Renewal $42.00 Late Renewal ec Ronsideration $500.00 Reroof $175.00 comprehensive PI an $4,000.00 Amendment Fee Permit Replacement $100.00 Variance Renewal Fee $360.00 oninOrdinance rAmengdment $4,000.00 Non -sufficient Funds Fee $25.00 lul rlUlUI I IUU \.I IUGK P:\01122004 Agenda Packet\Item I-5a, 2004 Fee Schedule.doc 1 /7/2004 ITEM I- 5b ' CITY OF MEDINA City Attorney's Office 501 Evergreen Point Road, Medina, WA 98039 425.454.9222 va ww edin -w ;c aav MEMORANDUM DATE: December 29, 2003 TO: Mayor and Medina City Council FROM: Kirk Wines, City Attorney RE: Resolution No. 303 COMMENT: Resolution Number 303 adopts a new fee schedule, effective immediately. The fees are intended to recoup the actual costs of providing services and to end the current practice of subsidizing construction services through other sources of revenue. ITEM I — 5c CITY OF MEDINA RESOLUTION NO. 303 A resolution of the City Council of the City of Medina, Washington, adopting a schedule of fees. THE CITY COUNCIL OF THE CITY OF MEDINA, WASHLNGTON, does adopt the following findings of fact: The fees currently charged by the City are not adequate to pay for development and pennit processing and review. 2. The attached schedule of fees has been established to recover the actual costs of providing the services described in the schedule. Based on the findings of fact set forth above, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, does resolve as follows: RESOLVED that the schedule of fees attached hereto as Exhibit A is adopted, effective immediately. PASSED BY THE CITY COUNCIL IN REGULAR OPEN MEETING ON THIS 121" DAY OF JANUARY, 2004 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON TANUARY 12T" , 2004. Mayor Approved as to form: Kirk R. Wines, City Attorney Attest: Randy Recd. City Clerk Rc.w4wion 303 Iirnl 1-11_ RC101W1011 V1)--0; ()1 1_ Oi70; ITEM 1 - 6 �^Lof ht��L CITY OF MEDINA Development Services 501 Evergreen Point Road, Medina, WA 980:39 425.454.9222 _ vv.rn cki -wp._ ov MEMORANDUM DATE: January 6, 2004 TO: Medina City Council FROM: Joseph Gellings, AICP, Planning Director RE: Zoning Code Housekeeping RECOMMENDATION: The Planning Commission has recently prepared a recommendation for a Zoning Code Housekeeping ordinance. It is recommended that the Council review the recommendation as summarized in this report and either ask the City Attorney to draft the recommendation in orcinance form or provide different policy direction to staff. POLICY IMPLICATION: The intent of this ordinance is to address Zoning Code problems that are not tied to substantive policy issues — only to consider consistency and readability issues. If the council believes that addressing any of the issues listed here introduces significant policy matters, I recommend treating that issue as a stand-alone legislative item. BACKGROUND: The Planning Commission has discussed approving a Zoning Code housekeeping ordinance to further the following important goals: • Provide building permit applicants with an easy to use document through the elimination of inconsistencies and ambiguities. • Provide applicants with assurance that they are receiving from staff a fair interpretation of the Zoning Code provisions. • Ensure that Zoning Code regulations have a clear link to Zoning Code objectives. Through discussions at three meetings, the Planning Commission gave direction to staff on several housekeeping issues. Below is the resulting draft ordinance text. Code Interpretation Procedure New section: 17.08.040 Interpretations of This Code. ITEM 1 - 6 A Criteria The Planning Manager may, acting on his/her own initiative or in response to an inquiry, issue interpretations of any of the provisions of this code The Planning Manaqer shall base his/her interpretations on: 1. The defined or common meaning of the words of the provision ind 2. The general purpose of the provision as expressed in the provision; and 3. The logical or likely meaning of the provision viewed in relation to the Comprehensive Plan. B. Effect. An interpretation of this code will be enforced as if it is part of this code. C. Availability. All written interpretations of this code filed sequentially, are available for public inspection and copying in the Planning Department during regular business hours. The Planning Manager shall also make appropriate references in this code to these interpretations. Definitions of Net and Gross Lot Area MMC 17.12.010 Definitions "gross lot area," for the purpose of this title, means dry land area which is further defined as land area exclusive of shorelands, except those which by recession of water or bulkheading have become dry land above high water level. "net lot area' means gross lot area exclusive of the area of any vehicular private lane, vehicular right-of- way, or vehicular access easement. Referencing Finished Grade In 20- and 25-Foot Building Height Rules MMC 17.20.010-D. The height of any building or structure shall be limited to 25 feet measured from the lowest point of the original grade at the building's wall to the highest point of the roof proper and limited to 28 feet from the lowest point of finished grade to the highest point of the roof proper. MMC 17.21.030 Height limitation. The height of any building or structure in the neighborhood preservation district shall be limited to 20 feet measured from the lowest point of original grade at the building's wall to the highest point of the roof proper and limited to 23 feet from :he lowest point of finished grade to the highest point of the roof proper. 0 Page 2 ITEM 1- 6 MMC 17.24.010-E. Total structural coverage shall increase to 21 percent of any lot if the height of all buildings is limited to not more than 25 feet measured from the lowest point of original grade at the building's wall to the highest point of the roof proper and limited to 28 feet from the lowest point of finished grade to the highest point of the roof proper. MMC 17.24.010-J. 1. For lots which are 16,000 square feet or less in area, if any building or structure exceeds the 25 — 28 — foot height restriction set forth in subsection (E) of this section, buildings or structures comprising dwellings and accessory structures may together occupy up to 17-1/2 percent of the lot area. 2. For lots which are 16,000 square feet or less in area, if no building or structure exceeds the 25 — 28 — foot height restriction set forth in subsection (E) of this section, buildings or structures comprising dwellings and accessory structures may occupy up to 25 percent of the lot area. MMC 17.28.010-E. Total structural coverage shall increase to 21 percent of any lot if the height of all buildings is limited to not more than 25 feet measured from the lowest point of original grade at the building's wall to the highest point of the roof proper and limited to 28 feet from the lowest point of finished grade to the highest point of the roof proper. MMC 17.28.010-J. 1. For lots which are 16,000 square feet or less in area, if any building or structure exceeds the 25 — 28 — foot height restriction set forth in subsection (E) of this section, buildings or structures comprising dwellings and accessory structures may together occupy up to 15 percent of the lot area. 2. For lots which are 16,000 square feet or less in area, if no building or structure exceeds the 25 — 28 — foot height restriction set forth in subsection (E) of this section, buildings or structures comprising dwellings and accessory structures may occupy up to 25 percent of the lot area. Consistent Structural Coverage Allowance for Small R-30 Lots MMC 17.28.010-J. 1. For lots which are 16,000 square feet or less in area, if any building or structure exceeds the 25 — foot height restriction set forth in subsection (E) o` this section, buildings or structures comprising dwellings and accessory structures may together occupy up to 45 17-1/2 percent of the lot area. Setbacks on Corner Lots MMC 17.40.050 — Setbacks on Corner Lots. Where a parcel of land constituting a single building site is adjacent to two public streets at their intersection, or is adjacent to a public street and a private lane at their intersecticn, the owner may elect which shall be the front for purposes of the front yard setback setback requirement; provided, however, that there is at least 20 feet of setback from the other adjoining street or lane. This provision allowing the owner to choose setback orientation shall not apply to properties adjacent to Evergreen Point Road between SR 520 and Overlake Drive West or adjacent to Overlake Drive East and West, between Evergreen Point Road and the Medina -Bellevue city limits, which shall be considered to front up the streets specifically designated in this section and shall have rninirnum setback of 30 feet from the edge of the public right-of-way. 0 Page 3 ITEM 1 - 6 Method of Setback Measurement Insert sentence to the end of MMC 17.20.010-B, MMC 17.24.010-B, MMC 17.28.010-B: Setbacks shall be measured from the property line to the furthest horizontal protection of the structure, including gutters. Allowing Accessory Dwelling Units within Accessory Buildings MMC 17.48.010-A. Separate accessory buildings, not designed primarily for occupancy and whose use is incidental to that of a single-family dwelling shall be permitted subject to the setback and other limitations applicable to buildings in the land use district where such dwelling is located. Reconstruction Variances MMC 17.60.030-C. Except for as provided in Subsection G of this section, a nonconforming structure maintaining the condition of nonconformity shall not be reconstructed. . Variances granted from this provision shall specify the maximum cost of construction permitted for alteration of the nonconforming structure. Regulation of Fence Heights MMC 17.76.010. Fences and walls —Height. Fences, walls and combination fences and walls may be placed in setback areas provided they comply with the following height restrictions. The height of walls and fences and a combination wall and fence shall be limited as follows: along within five feet of a property line on a street not designated as a community arterial in the Comprehensive Plan and within five feet of an interior property line for its first 30 feet extending away from said street propert line alma -either ee-, height shall not exceed four feet above natural original grade at the lowest side, where a property fronts on an arterial street as defined in the Comprehensive Plan, the height may be six feet. All other fences, walls or combinations thereof in setback areas shall be limited to no more than six feet above the natural on ig nal grade at the lowest side. All lighting shall be subject to the appropriate height restrictions. MMC 17.76.020. Fences and walls — Location. B. Chain -link fences shall not be placed in city rights -of -way and along within five feet of front property lines on arterial streets as defined on the comprehensive plan map. 0 Page 4 ITEM 1 - 6 Setback Intrusion. by Sit immin.g Pools and Spas MMC 17.84.040 — Location of Pools Swimming pools, spas, and hot tubs within residential zones shall be located as follows: 17.84.040-A. Pools, spas and hot tubs exceeding two feet in height shall be set back as required of structures generally within the land use district where they are located and such setback shall be measured from the outside edge thereof of the structural rim of the vessel to the property line. 17.84.040-B. Pools not exceeding two feet in height above ground level shall be setback no less than five fifteen feet from the €rent; rear and side property lines. The setback as to such pools may shall be measured from the outside edge of the structural rim of the vessel to the property line. Pools spas and hot tubs may not intrude into front side, LakE! Washington shoreline or private lane setbacks. 17.84.040-C. In determining the height of a pool for purposes of tiis section, its height shall be measured from the lowest point of original grade or finished grade, whichever is lower, around the perimeter of the pool or any mproved Surface - - eRt thereto, pr or to any f 11 nr h�Uhead to rho levet-ef-thy peint-ofthe improved area . to the highest point of the structural rim of the vessel. 0 Page 5 ITEM 1 - 7 CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 980:39 425.454.9222 rnr,medin - a.gov MEMORANDUM DATE: December 22, 2003 TO: Medina City Council FROM: Doug Schulze, City Manager RE: Health Insurance Cost Resolution RECOMMENDATION Do not adopt resolution. POLICY IMPLICATION: This resolution will publicly announce a City position for future labor negotiations, which has the potential to adversely affect the City's bargaining strategies. BACKGROUND: The attached resolution has been proposed by Council Member Blazey. It is not argued that the increasing cost of health insurance must be addressed and employee participation in the cost of future increases is an option to consider. My concern is that adoption of a resolution is neither necessary nor in the best interest of the City. As stated in the attached memorandum from City Attorney Kirk Wines, the objective of the resolution can be achieved in executive session. Resolutions are intended to be written confirmation of city policy. The intent of the attached resolution is to establish a goal for future labor negotiations, which would typically be accomplished in an executive session rather than as a public statement. The goal stated in the resolution should be considered as one of several elements of a negotiation strategy for collective bargaining State law allows the City Council to discuss labor negotiations in closed meetings, since public discussions would compromise the City's ability to negotiate with labor unions. ITEM I— 7a CITY OF MEDINA City Attorney's Office 501 Evergreen Point Road, Medina, WA98039 425.454.9222 www.medina-wa.gov MEMORANDUM DATE: TO: FROM RE: January 5, 2004 Medina City Council Kirk Wines, City Attorney Healthcare Costs/Future Bargaining (-nMMFNT- A resolution has been proposed, affirming the Council's desire to put an end to escalating health care costs by fixing the City's contribution at current expenditure levels. While this is a reasonable goal, it raises concerns in the area of labor negotiations, at least with represented employees. I have discussed these concerns with two firms specializing in labor law. Negotiating future contracts with represented employees requires good faith. The meaning of good faith has been the subject of many labor law decisions. Both PERC regulations, court decisions and interpretations issued by PERC usually appear to be more favorable to employees than to employers. This is also an area where as much attention is paid to form as to content. To satisfy the requirement of good faith bargaining, the City must be willing to consider any proposals that the bargaining unit may make. This includes proposals as to wages and as to other benefits of employment, such as medical insurance. A resolution drawing the line on increased medical insurance costs could be interpreted as failure to negotiate this benefit with a bargaining unit. Even if no complaints are filed immediately, the bargaining unit could claim during future negotiations that making an advance decision undermined their ability to negotiate. Bargaining unit representatives frequently look for issues on which to frame an unfair bargaining charge in order to gain tactical advantage during negotiations. I believe the same goal may be achieved without creating the basis for an unfair negotiation or "intransigence" claim against the City. The City Council could instruct the City Manager in executive session that it intends to hold the line on medical insurance costs and ask the Manager to implement this policy. The City Council may also be able to pass a resolution, which sets forth the "goal" of holding the line on medical insurance costs. If this objective is stated as a goal, rather than as an absolute, it should be more difficult to use it as the basis for an unfair bargaining complaint. A third method employed by small cities is to first negotiate such terms with non -represented employees. This tactic assumes that the city's position on medical insurance costs will soon become known to all employees through word of mouth, without needing to present it as a fixed position of the City Council. • Page 2 ITEM I - 7b and CITY OF MEDINA, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF MEDINA, WASHINGTON, EXPRESSING GOALS FOR FUTURE HEALTH INSURANCE COSTS. WHEREAS, health care costs and health care insurance premiums are rising a steep rate, WHEREAS, many businesses, state and municipal governments are requiring employees to share in the cost of health care insurance premiums, and WHEREAS, the City of Medina is experiencing a fiscal deficit due to a shortfall in revenues and a rise in expenses, and WHEREAS, it appears that this trend of rising expenses and declining revenues will continue in the foreseeable future. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Washington, that: The goal of the City in future bargaining concerning health care, dental and vision care insurance premiums paid by the City on behalf of its employees according to the terms of employment contracts shall be to limit, as far as possible, such premiums to the amount being paid on the date of adoption of this resolution. The goal of the Council is to seek employee participation in rising health care insurance premiums so that each employee assumes any increase in premiums. PASSED BY THE CITY COUNCIL OF THE CITY 01: MEDINA, WASHINGTON ON THIS DAY OF January, 2004 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE DAY OF January, 2004. Approved as to form: Kirk R. Wines, City Attorney Mayor Attest: Randy Reed, CMC, City Clerk Draft Rcsolution 01,07,2004 ITEM 1 - 9 CITY OF MEDINA Evergreen Point Road, Medina, WA 98039 (425) 454-9222 www.ci.medina.wa.us MEMORANDUM DATE: January 6, 2004 TO: City Council CC: City Manager FROM: Park Board RE: Proposal for a Name Change of Fairweather Nature Preserve 1. Proposal — The Medina Park Board requests support from the City Council to change the name of Fairweather Nature Preserve to Fairweather Park and Nature Preserve. 2. Background / Information — a. During its December 15, 2003 meeting, the Park Board voted in favor of submitting a proposal / request to the City Council to approve a change in the name of Fairweather Nature Preserve to Fairweather Park and Nature Preserve. In that Medina's Fairweather Nature Preserve recreational area consists of both a nature preserve section and a section often referred to as the "gymnasium," the latter being an area consisting of tennis courts, a parking lot, drinking fountain and a fairly large open playing field, all of which is much more of a "park" type setting as found in other Medina Parks, the Park Board feels that this name change would better reflect what actually exists at this designated non-residential land use area of Medina. In the near future, the Park. Board wants to improve the signage of the Fairweather area and asks for approval from the City Council on this proposal before embarking on the signage improvement initiative. Additionally, the Park Board is formulating plan proposals to continue to upgrade both the Nature Preserve and Park sections of the Fairweather area. b. In reviewing the ordinances passed by the City Council since City incorporation, the only reference to "Fairweather" is in the Sensitive Areas portion of Medina's Municipal Code (Chapter 18.12.050) which actually refers to the area as "Fairweather Park." Nothing was found which specifically designates the naming of this Medina recreational area. The only reference to Fairweather Nature Preserve is in Medina's Comprehensive Plan under the Land Use section whereby the portion Medina known as Fairweather Nature Preserve is identified as a non-residential land use area and designated as Park/Open Space. ITEM I - 10 CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 980:39 425.454.9222 vvvvw.medina-wa._qqv MEMORANDUM DATE: January 5, 2004 TO: Medina City Council FROM: Doug Schulze, City Manager RE: Management Employment Contracts RECOMMENDATION: Authorize City Manager to execute employment contracts with department managers. POLICY IMPLICATION: Employment agreements have been used by the City of Medina to establish terms of employment for department managers since 1997 This practice was implemented using the employment agreement model from the International City/County Management Association. BACKGROUND: Most City staff are covered by collective bargaining agreements so, the City has not developed an employee manual or personnel policy. As a result, terms of employment have not been developed for management employees. The use of employment agreements is a common practice for city managers, but is less frequent for department managers. When employment agreements were first considered in 1997, all City employees were represented by the Teamsters, except the City Manager, City Clerk, and Chief of Police. Use of employment agreements to establish terms of employment for these positions was considered much more efficient than creating a policy manual. Today, in addition to the City Clerk and Chief of Police positions, them are several other positions that are not represented by unions. These management/supervisory positions are Director of Public Works, Planning Director, Finance Officer, and Police Lieutenant. Employment agreements for the Director of Public Works and Planning Director were previously reviewed by the City Council and revisions were requested. The agreements will be reviewed and discussed in Executive Session prior to action during the regular meeting. As such, copies of the agreement will be attached to the Executive Session materials. ITEM I - 11 CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 98039 425.454.9222 ens. edin-snra.9,ov 11 A 11 KRTAT► o 111 DATE: December 26, 2003 TO: Medina City Council FROM: Doug Schulze, City Manager RE: 15' Quarter, 2004 Agenda Calendar RECOMMENDATION Motion to approve the 2004 1" Quarter Council Calendar. POLICY IMPLICATION: The Council Agenda Calendar is used as a method of managing the agenda process. Use of the calendar provides the City Council with an opportunity to add and remove agenda items as well as control when agenda items will come before the City Council. Use of the calendar provides City Staff with a planning tool that can be used to prioritize projects and workloads. BACKGROUND: The attached Agenda Calendar includes a number of items that have carried over from 2003. In addition, the calendar includes several items that require City Council action annually or biennially. Finally, several items are included, which have been identified by City Staff and Consultants as issues to be discussed by the City Council. The Council Agenda Calendar should be considered as a flexible planning tool for the City Council to use as one method of managing meeting time and prioritizing issues. Of course, some issues simply must be acted upon within a certain timeframe and unplanned or unanticipated issues may arise with little or no notice. Whenever possible, staff and consultants will attempt to identiy agenda items at least 30 days in advance. At least once each month, the City Council will be asked to review and update the Council Agenda Calendar. If members of the City Council have issues to be added to the Council Agenda Calendar, it would be appropriate to identify those items during Council meetings so the City Council has an opportunity to include them in the agenda calendar. I U I I II II III I o o m uI N N ! 11 Q; Q Lp U <) i I O 1, M Ln ! I O', 1 I OI N d m .O'ILO m m m �o I O of o''o'I ❑ y may' I I I I I L LL ,C !. O O 1 0 .O O 1 N y U I I ! U U o C o Q. O U �. O O O 7N .O O m 3 O Ia rn I > � > N N N o 0 I NI O O p �N •� 0� 0! COI 0 Q. III N d 0 m I N N t N m in III � I1 II I i I 1 �I I I QC CDI.O CIC O C"c 0'i0 C O cal �,O c'C O ) Ir 10 N N U O ![)Iu z 01 t') a C U IN N CIQ Q Q QI Q ID < QIQ N O Q g'!o UI2) oo O oII to T 0 0 o Ia N -n !I Q U 7 p fA U fn U Vl U UI U UI U III fn U! U) UI U U U ','. U ❑ (n I In (� N C' I a C D0�1� N^ji v U W O Y Z U 0 C O IOr OIU d.0 Y oaI OIY o dIm O O 3 -o � � IJ `) o cl,� lay C "'CJ ❑ ,Q 0� � U �'. U..n':I- (6 O I.O (6 O U - O. OM= O LL E.LL Ola d EI C 01 U L) N y= _ c) 0,O >v� �' E� E C.,O@OW o O!_ N, Z �I �� =1 O 5I�I I OO-�O,� �� a t o E l o .- 0 IC) c� O) OIW Q li a) o NIN =I O 4. U''U m O C CIO 0 0i: T O U O ON O U N O OI O ❑ O �!o o UJ U oolo U u a)I m �_ m �¢�YI m> 0 O °� f0 U01❑ m'o m U �''c 3 �110 m O QI E a!o �.0 cl �'lo o-I`rII, o I 00 t90.0 OO .� '- O'O im N''O O.,.QrCD N CD O -_ iOiN N N N N U U2 UJ IIWID_.fq S' N S N J N Q1Q d LL 2 N� N O ITEM I - 12 �y Of M�f� CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 980:39 .rnedina-vva.gov MEMORANDUM DATE: December 26, 2003 TO: Medina City Council FROM: Doug Schulze, City Manager RE: 2004 City Council Retreat COMMENT: 425.454.9222 The City Council has conducted a retreat almost every year since 1997. The retreats have ranged from off -site professionally facilitated to on -site facilitated by the mayor. The City Council may wish to consider the following issues during a retreat: 1. Mission a. Agree on fundamental purpose, scope, and benefits of local government b. Clarify respective roles of council and manager 2. Governance/Leadership a. Clarify council leadership views on the role model it wants to adopt for itself b. Define and agree upon strategic issues shaping and defining the community's future c. Establish shared vision, goals, and strategies d. Link leadership priorities and policies to strategic issues and goals 3. Management a. Define the working relationship desired by council anc manager b. Establish manager's role in determining policies, performance standards, and evaluation process c. Determine the degree to which council wishes to consult in essential attributes of organizational effectiveness, major appointments, and manager performance I The City Council is asked to decide the following: 1. Does the City Council wish to conduct a retreat? 2. Should the retreat be professionally facilitated? If not, who will facilitate? 3. Should the retreat be conducted off -site or at City Hall? 4. When will retreat be conducted? How much time is the Council willing to commit? 5. Are the agenda items above appropriate or is something different more desirable? • Page 2 ITEM 1 - 13 CITY OF MEDINA City Manager's Office 501 Evergreen Point Road, Medina, WA 98039 425.454.9222 www.medina-wa.gay DATE: 1 /7/2004 TO: Mayor and City Council FROM: Doug Schulze, City Manager RE: Jail Advisory Group Interlocal Agreement RECOMMENDATION Group. Authorize City Manager to enter into Interlocal Agreement for Jail Advisory BACKGROUND: This Interlocal Agreement for Jail Administration provides the framework for cities within King County to work together to manage the King County and Yakima County jail contracts, dispose of property held for jail purposes by Bellevue and develop a plan to manage the cities' inmate population after the termination of the King County Jail Contract in 2012. For the past three years, cities within King County have discussed how best to provide jail services to city inmates. Of the 39 cities within King County, 37 cities contract with King County for Jail Services (Kent and Enumclaw are not parties), 35 cities in King County contract with Yakima County for Jail services, and 16 cities contract with the City of Renton. Several other cities have contracts with other cities and counties. For the past several months, cities have been working on many different issues related to the requirement to phase out of King County jails and other treatment facilities. This new direction places new burdens on the cities over the next several years. A policy summary follows this memorandum that highlights the policy and program implications that have already been made in existing interlocal agreements and a summary of some of the future policy decisions that lay ahead of us (Attachment B) This interlocal agreement specifically is created to do the following: • Clarify Roles of Cities: in planning, implementation, operation and administration of interlocal agreements related to the provision of current jail services; • Plan for the Future: of facilities and programs for municipal inmates, and, • Establish Payment Method for Unused Beds: should the Cities collectively fail to meet their estimated Minimum Bed Commitment with Yakima County. It does this by creating a governance structure which: • implements the administration group created by the King County Jail Contract; • creates a group in order to facilitate cooperation in the examination of policy issues, questions and/or disputes involving the administration of the King Cou-ity Jail Contract and the Yakima Jail Contract; • disposition of the Jail Property proceeds; and, • and the planning for new misdemeanant secure jail facilities, non -secure alternative facilities or programs to create additional misdemeanant capacity. This interlocal agreement does not decide the outcomes of future planning efforts, nor does it bind any city to participate in these efforts. It sets up a cooperative process to create the plan for how these future efforts will be undertaken. Governance Model To accomplish these tasks, the Jail Administration interlocal agreement creates: • three different committees with specific responsibilities — see below and Attachment A • an annual budget and assessment method for all cities to pay for staff support • a fiscal agent (currently Tukwila) to manage fiscal responsibil ties The three main groups created are as follows: 1. Oversight Group of Elected Officials - Assembly Membership: An Elected Official from each participating city. Purpose: The Assembly will meet at least once a year to provide guidance to the JAG and JOG. This will include issues such as annual budget, assessment and work program, disposition of jail property, new misdemeanant facility, fiscal agent and other policies as necessary. 2. Administrative Entity - JAG- (Jail Administrative Group) — Membership: A group of 6 City representatives with 1 from Seattle, 1 from Bellevue, and 4 other contract cities, one of which will include an SCA city that is the largest jail user and is party to both the King County and Yakima County ILAs. Purpose: The JAG will administer this and other jail related agreements. This will include making recommendations to the Assembly, working closely with the JOG, and supervising staff. These 6 members will also serve as the city representatives to the King County JAG. 3. Operations Entity - JOG — Jail Operations Group Membership: A representative from each of the cities Purpose: Advise the Assembly and JOG on operational issues of the jail contracts. Term: The agreement continues until December 31, 2012 which is the termination date of the King County Contract. It can be renewed. Termination: Cities can terminate by written notice by the end of any given year, but remain responsible for any budget expenses incurred for that year. Assessment: The annual assessment is based on city population and cities usage of the Yakima County Jail. The assessment for each City is enclosed in Attachment C. 0 Page 2 Attachment A: Overview of Governance Structure Interlocal Agreement on Jail Administration 39 Cities Governance —Each City Council [Ratifies Jail Oversight Assembly (Assembly) Elected Officials from all 39 Cities Represented Legislative Elected Oversight Policy; budget; work program Siting; debt issuance; real estate; audit Jail Administration Group (JAG) Six King County ILA City Admin. Appointees • Provides recommendations to Assembly • Contract Admin — Four (plus future) interlocals • Manage work program/budget • Hire staff as provided by budget • Fiduciary responsibility for budget administration Jail Operations Group (JOG) 39 City Representatives • Daily operations issues • Advise JAG on contract problems/solutions • Develop operations procedures with 39 member cities Page 3 Attachment B Policy and Program Implications from Other Interlocal Agreements Background In 2000, the cities in King County used approximately 800 jail beds on a daily basis to house misdemeanor inmates; 622 beds at King County jail facilities and 188 beds at other facilities (e.g. city jails'). In 2002, 37 cities signed a new Interlocal Agreement for Jail Services with King County; 35 cities signed an Interlocal Agreement with Yakima County. The agreements signE!d with King County and Yakima County will significantly change how and where jail beds are used. 16 cities also signed agreements with Renton on coordination of transportation and population management. The three biggest changes resulting from these contracts are: • Cities will phase out use of King County's jails beginning 12/31/03 with a cap of 380 inmates and with full phase out by 2012. In the near term, jail caps require cities to reduce their use of King County facilities to 220 beds by July 2005. King County required and the cities agreed to stop using the King County Jail to house city misdemeanor inmates by December 31, 2012. From January — September 2003, the cities averaged 380 beds at the King County Jail. Population changes and annexations will likely require cities to plan for facilities and services that will serve as many as 500 misdemeanants per day by 2012 above those provided by Yakima. • Cities have agreed to build or contract for the development of new facilities to house the misdemeanant beds needed (approximately 300-400 beds) to be available as the King County contract caps reduce access to its jails. Cities are obligated to seek new facilities or extend the Yakima agreement beyond 2010 to meet their capacity requirements. The cities have agreed to pay for an estimated 440 beds at the Yakima County Jail to house city misdemeanants effective October 1, 2003. The cities are currently using between 265 — 275 beds at Yakima. The 440 beds in Yakima meet approximately half of the capacity requirements the cities will have to provide in order to fully phase out of King County. The Yakima contract does not guarantee that those 440 beds will be available beyond the year 2010. The Cities' JAG is negotiating with Yakima to resolve a number of contract interpretation and implementation issues. The Cities have agreed that the Bellevue land acquired by the County for future jail needs is to be transferred to the cities as the initial equity that is to be shared by all King County Cities in the development of future facilities for city misdemeanants. The cities have agreed to accept the transfer of property in Bellevue as equity for developing future secure capacity and/or building or contracting for alternative corrections facilities sufficient to allow the cities to completely pull out of the King County Jail by December, 31 2012. King County Interlocal Agreement The cities have agreed to work as one group with King County in the development of billing procedures, dispute resolution on common billing disputes or on behalf of a member city with an unresolved billing dispute. The County interlocal also delegates to the JAG all other administrative oversight responsibilities including population management. Finally, the JAG is eluhum. Enumclaw Issaquah, Kent. Kirkland and Renton have their o%%n city iails All cities except Kent and Lnumclaw sinned the agreement kith King Comity: all cities except Kent. Enumclaw, Hunts Point and Milton signed the agreement with Yakirm County. 0 Page 4 responsible for limited re -opening negotiations in 2006 and 2009 for jail charges and mod -psych holding procedures. Some of the major provisions in the interlocal agreement with King County include: • Section 3.3 — the cities have agreed to work with the County to develop a proportional billing system for inmates who are held on charges from multiple jurisdictions. • Section 4.2 — either the County or a city may refer a disputed billing to the Jail Agreement Administration Group (JAG) for resolution (JAG decisions may be subsequently appealed). • Section 10 establishes the Jail Agreement Administration Group (JAG). This group is authorized to act on behalf of all 37 cities to resolve issues related to administration, implementation or interpretation of the agreement including inmate transportation, alternative and community correction programs, coordination with the courts and law enforcement, mental health, drug and alcohol treatment, interpretation of the Jail Interlocal Agreement, and any re -opener of the contract as allowed in Section 7. • Section 10 also establishes the membership of the King County JAG: two representatives from King County, four representatives from the suburban cities, one representative from Bellevue, and one representative from Seattle. Binding limits on overall jail population capacity are agreed upon with specific deadlines for reductions. Separate medical and psychiatric population limits have been established. JAG is responsible for management of prisoners and defining release procedures when med-psych limits are exceeded. Absent procedures, the County may refuse to hold and may release these prisoners to the booking city on "last -in -first -out' procedure regardless of community risk. • Section 11 establishes binding capacity limits that apply to all 37 cities. The cities must reduce their jail population housed at King County to 380 inmates by 12/31/03, to 250 inmates by 12/31/04; to 220 inmates by 7/1/05; and to zero inmates by 12/31/12. If the cities exceed these limits, the County has the right to refuse city misdemeanant bookings. The contract also establishes separate capacity limits for the medical and psychiatric units; should these limits be exceeced, the County has the right to release city inmates in these units. Cities have agreed to hold in common the Bellevue property equil`y for future city misdemeanant jail purposes or to return the unused equity plus any income earned to the County by 2012. • Section 12 states that the County will transfer to the City of Bellevue, on behalf of all the cities, property located in Bellevue (informally known as the Overlake property). The property (or proceeds from the sale of the property) is to be used to contribute to the cost of building or contracting for secure capacity and/or building or contracting for alternative corrections facilities sufficient to enable the cities to completely end their use of the King County Jail. If the cities do not build/contract for additional secure or alternative capacity sufficient to pull out of the King Coun.y Jail, the cities must transfer the property (or proceeds from the sale of the property) back to King County. Yakima County Interlocal Agreement Thirty-five cities have pledged to pay for an estimated 440 beds beginning 10/01/03. The cities have agreed to individual obligations for a certain number of beds and to share or "pool" the use of the beds to assure optimal use of their facility investments thereby reducing risk of paying for unused beds. The major provision in the interlocal agreement with Yakima County is in Section 7. Note: Some cities contract with the city of Renton to provide coordinated inmate transportation. • Page 5 Future Policy and Program Issues and a Timeframe Estimate Given the population limits in key agreements with King County and Yakima, cities have obligated themselves to plan for future misdemeanant jail and alternative program needs. Cities have to figure out how to replace the capacity they will lose when the King County agreement ends. Questions facing the cities about planning new jail facilities include: • How should the cities replace the capacity that will be lost when the King County Interlocal Agreement ends in 2012? Should the cities work collectively to address this capacity need? • Should the cities build a new regional jail for misdemeanor inmates or should they build several new local jails throughout the County? • After the contract with King County ends, should the cities continue to send some of their inmates to Yakima County — or if a new misdemeanor facility is built locally, would it be more cost effective to house all inmates locally? • Should a new jail facility be a full service jail facility (similar to Yakima or King County) or should it be a minimum 30 day holding facility? • What decisions should be made and how soon should cities make the decisions about how to extend or replace Yakima services after 2010? Timing: after a decision is made to build a jail or other facility(ies) and funding is in place, it takes 4 — 6 years to go through the EIS, planning, design, and construction. An optimistic schedule for the development of new facilities follows below: 2004 — 2006: o Complete population management implementation procedures, information systems and transportation support for city misdemeanants o Forecast future jail use by the 37 cities o Identify treatment options, needs and types of facilities and locations support the 37 cities depending on policy framework agreed upon by each city. o Establish financing mechanism — who issues the debt? Establish a PDA to use some other interlocal arrangements such as contract arrangements for delivery of jail services to cities o Negotiate long-term governance model for development and management of jail services in King County as well as services provided outside of King County 2006-2008: Initiate public siting process for the facilities 2008 to 2012: EIS, jail design, construction 2012: Testing and start-up operations for new jail and other misdemeanant facilities Jan.1, 2013: Contract with King County has ended; new facility(ies) opens 0 Page 6 ITEM I — 13a INTERLOCAL AGREEMENT FOR JAIL ADMINISTRATION ESTABLISHING THE TERM, PURPOSE, MEMBERSIlIP, GOVERNANCE, JAIL OVERSIGHT ASSEMBLY (ASSEMBLY), JAIL ADMINISTRATION GROUP (JAG), JAIL OPERATION GROUP (JOG), MEETINGS, FISCAL. AGENT, STAFFING, ANNUAL ASSESSMENT, TEFftIINATION, DISPOSITION OF REAL PROPERTY, INSURANCE AND INDEMNIFICATION REQUIREMENTS AND GENERAL PROVISIONS This Interlocal Agreement ("Agreement") is dated effective November 1, 2003 and is made and entered into between Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Milton, Newcastle, m Norandy Park, North Bend, Pacific, Redmond, Renton. Samrnamish, ScaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and the Town of Yarrow Point, Washington, municipal corporations organized under the laws of the State of Washington (collectively the "Cities"). A. The Cities enter into this Agreement pursuant to and as authorized by the Interlocal Cooperation Act (Chapter 39.34 RCW). B. Some of the Cities have entered into a long term Interlocal Agrecment with Yakima County, as amended, for the purpose of housing the Cities' inmates in Yakima County jail facilities (`'Yakima Jail Contract"). The Yakima ,Tail Contract commits the Cities to deliver a certain number of inmates to Yakima County to satisfy a Minimum Bed Commitment. 'The Yakima Jail Contract and any addendums to it are incorporated herein by this reference. C. Previously, the Cities negotiated the terms of an agreement regarding the use by the Cities of the Minimum Bed Commitment, including the allocation ofjail beds among the Cities and the allocation of charges for jail service under the Yakima Jail Contract; however, that agreement never took effect. D. Some of the Cities have entered into a Jail Services Agreement with King County (`'King County Jail Contract') providing for the Cities' use ofjail beds in King Corultyjail facilities for a limited time not to exceed ten years. The King County ,tail Contract is incorporated herein by this reference. E. The King County Jail Contract provides for the creation of a Jail Administration Group to respond to any issue regarding the administration, implementation or interpretation of the King County Jail Contract. F. King County and the City of Bellevue have entered into a Land Transfer Agreement pursuant to Paragraph 12 of the King County ,Jail Contract which provides for the transfer of ownership of the eastside Jail site ("Jail Property-) to Bellevue on behalf of all of the Cities. The Nand transfer Agreement is incorporated herein by this reference. Interlocal Agreement for Jail Administration Pa;c 1 of 23 G. The Cities desire to enter into this Interlocal Agrcement for Jail Administration in order to set forth the purpose, membership, governance. meeting frequency, fiscal agent, staffing, term, annual assessment, termination, and insurance and indemnification requirements, and regarding the use by the Cities of the Minimum Bed Commitment under the Yakima Jail Contract, including the method for allocating those jail beds as between the Cites, -nd to establish the formula for payment for unused beds should the Cities collectively fail to meet their Minimum Bed Commitment with Yakima County, as more specifically set forth in this Agreement. H. The Cities of Kent and Enumclaw are not parties to the Yakima Jail Contract or the King County Jail Contract. Kent and Enumclaw are included as parties to this Interlocal Agrcement to clarify the City of Bellevue's authority with respect to the Jail Properly, and to provide for Kent's and Enumclaw's participation in the planning process for disposition of Jail Property proceeds and for future jail facilities. IT IS HEREBY AGREED AS FOLLOWS: PURPOSE This Interlocal Agreement is entered into by the Cities to further clarify the role of the Cities and their representatives in planning, implementation, operation and administration of interlocal agreements related to the provision of current jail services, and in planning for future facilities and programs for municipal inmates, and to establish a formula for the payment of unused beds should the Cities collectively fail to meet their Minimum Bed Commitment with Yakima County. This Agreement :niplements the administration group created by the King County Jail Contract and creates a group in order to facilitate cooperation in the examination of policy issues, questions and/or disputes involving the administration of the King County Jail Contract and the Yakima Jail Contract, the disposition of the Jail Property proceeds, and the planning for new misdemeanant secure jail facilities, non -secure alternative facilities or programs to create additional inisdemeananl capacity. 2. CREATION OF THE ASSEMBLY, JAG AND JOG To accomplish the purposes of this Agreement, the Cites hereby create an oversight group of elected representatives called the Jail Oversight Assembly (-Assembly"). an administrative entity called the Jail Administration Group (JAG"), and an operations entity called the Jail Operations Group (`'JO(J'), all as further described in Section 6 of this Agreement. 3. DEFINITIONS Assembly means the Jail Oversight Assembly created nusuant to Section 6 of this Agreement with the duties described herein. Average DaihPopulation ("ADP") means that iunnbe of City Inmates confined in Yakima Countyjail facilities for a year, divided by 365. Interlocal Agreement for -Jail Administration Page 2 of 23 Cities means Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Parl<, Maple Valley, Medina, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmic, Tukwila, Woodinville, and Town of Yarrow Point, Washington. Cite means a Washington city or town that is a party to this Agreement. City° Member means any city or town that has signed this Agreement. Estimated Average Daily Population ("EADP") means that number of City Inmates that each City estimates it will confine in Yakima County jail facilities in a year, divided by 365. Fiscal Agent means the "fiscal agent" selected by the Assembly pursuant to RCW 39.34.030. JAG means the Jail Administration Group created pursuant to Section 6 of this Agreement, and the King County Jail Contract. JOG means the Jail Operation Group created pursuant ?o Section 6 of this Agreement and with the duties described herein. Jail Property means that certain real property located in Bellevue, Washington and commonly known as 1440 116`1' Avenue NE and 1412 116"' Avenue NE, Bellevue, Washington, to be conveyed to the City of Bellevue to hold on behalf of all King County cities as third party beneficiaries consistent with the King County Jail Contract. Minimum Bed Commitment means the bed commitment made by the Cities collectively to maintain an Average Daily Population in Yakima County jail facilities equal to 440 City Inmates from October 1, 2003 through December 31, 2009, or as otherwise set in the Yakima Jail Contract. Overused Bed Commitment means the difference between a Citv`s EADP and the actual number of City Inmates sent to Yakima County jail facilities by that City, where the actual number is less than that Citv's EADP. 4. TER-M This Agreement shall be dated effective November 1, 2003 and shall continue until December 31, 2011 the date of the expiration of the King County Jail Contract (`Tenn"). This Agreement may be renewed for any successive periods, by written addendum, under ternis and conditions acceptable to all of the Cities. N'o City that is a party to this Agreement at its inception or thereafter will be required to be a party to any renewal of this Agreement. 5. TERINI1NATION 5.1 Termination Unrelated to Yakima Jail Contract_ Any City may terminate its participation in this Agreement by delivering written notice to the Assembly, by Interlocal Agreement for Jail Administration Page 3 o f 23 December 31 in any year, of its intention to terminate effective December 31 of the following year. Any City terminating this Agreement shall remain legally and financially responsible for any obligation incurred by the City pursuant to the terms of this Agreement, including its obligation to pay its annual assessment for the current budget year as described in Sections 8 and 9 of this Agreement. 5.2 Termination for Cause — Yakima Jail Contract. 1n the event any Citv's participation in the Yakima Jail Contract is terminated for cause, as defined in the Yakima Jail Contract, such City shall remain legally and financially responsible to Yakima County for its EADP until December 31, 2009, or the end of the then existing tens if the Yakima Jail Contract has been extended before the termination for cause; provided, that the terminated City may be entitled to a credit under Section 10 of this Agreement. 6. GOVERNANCE 6.1 Jail Oversight Assembly (Assembly. (a) Membership. Each City Member shall appoint one elected official to be a member of the Assembly. The initial Assembly member for each City shall be the elected official designated by the City in the space provided below the Cio"s sionature on this Agreement. In the event that a City s initial Assembly member becomes unable to serve as an Assembly member, the City shall designate a new or alternate Assembly member. (b) Assembly Powers. The Assembly shall make policy determinations necessary to guide and direct the administration of this Agreement, and to guide JAG and JOG in the performance of duties under this Agreement, the King County Jail Contract, the Land Transfer Agreement, and the Yakima Jail Contract. The Assembly shall have the following duties and powers: (i) Annual Assessment, BUdoet and Work Program. The Assembly shall receive recommendations from JAG regarding the annual budget pursuant to Section 8 of this Agreement, the amount of the annuall assessment pursuant to Section 9 of this Agreement, and all annual work program. On or before July I" of each year, the Assembly shall submit to the legislative body of each City a recommendation for the annual assessments, the annual budget, and the work program for the next year. (ii) Disposition of Jail Property. The Assembly shall receive recommendations from JAG and/or JOG regarding use of any proceeds of the sale or transfer of the Jail Property, and then either approve, reject or approve with modification such use of the proceeds. (iii) New '_Misdemeanant Facilities. The Assembly shall receive recommendations from JAG and/or JOG regarding alternatives for assessment and planning for new misdemeanant secure jail facilities, proposals to site or create jail facilities, options for non -secure alternative facilities or programs and issuance of long term debt for construction of such facilities and then either approve, reject, or modify the recommended altcm,.tive. Interlocal Agreement for Jail Administration Pape 4 of 23 (iv) Amendments. The Assembly shall receive recommendations from JAG and/or JOG regarding any amendments to this Agreement, including the amendment of the annual assessment formula set forth in Section 9 of this Agreement, or the other interlocal agreements referenced by this Agreement and incorporated herein, and then make a recommendation to approve, reject or modify such amendment to the legislative bod es of each City or return the recommendation to the JAG or JOG. (v) Fiscal Age. The Assembly shall appoint a Fiscal Agent for the Purposes of carrying out and recording financial transactions pursuant to RCW 39.34.030. (vi) Policy Determinations. The Assembly may make such policy determinations as are necessary to guide the administration or implementation of this Agreement, the King County Jail Contract, the Yakima Jail Contract, and the Land Transfer Agreement, including but not limited to policy regarding the hiring of employees or contracting with consultants, purchasing of goods or services, and adoption of procedures for the administration of this Agreement. (c) Meetings. The Assembly shall meet at the times convened by its officers, but at least once each year. For any meeting held in addition to one amrual meeting regarding the annual budget, assessments, and work program, the Assembly may meet by telephone, electronically, video conferencing, or any other communications mechanism that allows simultaneous communication between all persons in attendance; provided, that at least fourteen days notice of the meeting is provided to all Assembly members. A quorum shall consist of Assembly members representing sixty percent (60%) of the total residential population of all City Members. Decisions shall be made or action shall be taken by the affirmative vote of Assembly members from Cities having sixty percent (60%) of the total residential population of all City Members. For purposes of this section. each Cities' residential population shall be deemed to be the most recent population estimate available from the State of Washington's Office of Financial Management. If an Assembly member will be absent from a meeting, the Assembly member may, but is not required to, designate by written proxy another person to attend the meeting and vote on behalf of the Assembly member. The Assembly may seek a straw vote for informational purposes only. (d) Assembly Officers. 1'hc Assembly members shall select up to four officers, including a chairperson and vice -chairperson to serve as the executive committee; provided, that if representatives are not selected from each of the three largest jail users among the cities that are parties to both the Yakima and King County jail interlocal agreements for housing misdemeanant inmates, such representatives shalt be included as additional members of the executive committee. "Largest jail user" is determined by the sum of the jail inmate populations in the King County and Yakima jail facilities from the prior calendar year. The officers serving as the executive committee shall (1) convene meetings of the Assembly as the officers determine appropriate, but at least once a year, (2) establish the agenda for each meeting, (3) act as spokespersons for the Assembly, and (4) convene and make assignments to Assembly subcommittees, as interlocal Agreement for Jail Administration Pagc 5 of23 appropriate. J he chairperson shall preside over the Assembly's meetings. and the vice -chairperson shall preside in the chairperson's absence. 6? Jail Administration Gron (p JAG). (a) Membership. The JAG shall be composed of six (6) members as follows: City of Seattle Representative (1) City of Bellevue Representative (1) Suburban Cities Representatives (4) The _Mayor of Seattle shall appoint the City of Seattle representative, and shall also appoint an alternative Seattle representative to serve in the event that the original representative is absent or becomes unable to serve. The Bellevue City Manager shall appoint the City of Bellevue representative, and shall also appoint an alternative Bellevue representative to serve in the event that the original representative is absent or becomes unable to serve. The Suburban Cities Association ("SCA") shall select three (3) representative cities through a process defined by the SCA, and a fourth representative among the SCA cities shall be selected by the Mayor or City Manager of the SCA city that is the largest jail user and a party to both the King County and Yakima interlocal agreements for housing misdemeanant inmates. "Largest jail user" is determined by the sum of the jail imnate populations in the King County and Yakima jail facilities from the prior calendar year. For each city representative selected by SCA, and the suburban city selected based upon largest jail population, the Mayor of a mayor/council city or the City Manager of a manager/council city shall appoint that City's representative, as well as an alternative representative to serve in the event that the original representative is absent or becomes unable to serve. The Seattle, Bellevue, and Suburban Cities members of the JAG created in this Section shall be the same as the members of the JAG created under the Kin -- County Jail Contract. (b) JAG Powers. The JAG shall administer this Agreement pursuant to the terms of this Agreement, the Yakima Jail Contract, the King County Jail Contract, and the Land Transfer Agreement and pursuant to any procedures adopted by the Assembly or JAG. The JAG shall have the following duties and powers: (i) Act as the Cities' representatives to the King County Jail Contract and perform all duties assigned to JAG under that Contract, consistent with policy direction provided by the Assembly under this Agreement; (ii) Make policy recommendations as defined in Section 6.1 of this Agreement to the Assembly including, without limitation, recommendations on the disposition of the Jail Property proceeds (subject to Section 7 of this Agreement), alternatives for assessment and planning for new misdetncanant secure jail facilities, proposals to site or create jail facilities, options for non - secure alternative facilities or programs and issuance of long term debt for construction of such facilities, and contract language Interlocal Agreement for Jail Administration Pagc 0 of associated with any re -opener of the provisions described in Section 7 of the King County ,Tail Contract: (iii) Make recommendations to the Assembly on the appointment of a Fiscal Agent for the purposes of carrying out and recording financial transactions pursuant to RCW 39.34.030; (iv) Evaluate JOG recommendations regarding the interpretation of the King County Jail Contract or Yakima Jail Contract and issues related to inmate transportation, alternative and community correction programs, coordination with the courts and law enforcement, mental health, dru- and alcohol treatment, alternative facilities within or outside of King County or other related issues; (v) After consultation with JOG, develop and recommend a budget, including annual assessments, and work program to the Assembly, and implement the budget and work program, subject to the Cities' obtaining legislative body approval of each City's individual annual assessment, the annual budget, and the work program in accordance with Section 8 of this Agreement; (vi) Following budget and work program approval by the Assembly and City Members in accordance with Section 8 of this Agreement, and subject to the availability of funds, the JAG, acting through its chairperson, will have the following additional powers: (1) Hire and supervise any staff, consultants or private vendors consistent with the annual budget, work program, and any human resource policies and procedures of the Fiscal Agent; (2) Negotiate and enter into any contracts or agreements writh third parties for goods and services consistent with the annual budget and work program; (3) Approve or disapprove expenditures consistent with the annual budget and work program; (4) Make purchases or contract for services consistent with the annual budget and work program; and (5) if an annual budget becomes effective under - Section 8.1, but insufficient Cities approve and pay assessments to fiord the entire work program for that budget year, then JAG has the authority to assign priorities to various items in the work program and to determine which items or portions of items will he removed from the work program for that budget year. (vii) Adopt procedures for the conduct of.(AUS meetings; fnterlocal Agreement for Jail Administration Page 7 of 23 (viii) Uniformly inform and consult with the Assembly and JOG for contract disputes, operational policy issues, hiring and supervision of staff, creation of the work program, creation of the budget, revisions to the cost allocation formula to establish the annual assessment set forth in Section 9 of this Agreement, disposition of the Jail Property proceeds and any decisions regarding assessment and planning for new misdemeanant secure facilities, misdemeanant non -secure alternative facilities or programs; (ix) Mediate disputes or issues presented to JAG by a City or Cities regarding the interpretation of or otherwise arising out of this Agreement, the Yakima Jail Contract, or the King County Jail Contract. In the event that any City or Cities present a dispute to JAG and JAG is unable to resolve the dispute in a manner acceptable to the Cities involved, the Cities shall submit the dispute to mediation prior to initiating any action in a court; and (x) Conduct any and all other business allowed by applicable law and necessary to carry out the purposes of this Agreement. (c) Meetings. The JAG shall meet as often as it deems necessary, but not less than quarterly. A quorum shall consist of a simple majority of the JAG's members or alternates. Decisions will be made by consensus of all the JAG members in attendance at a meeting. The JAG may seek a straw vote for informational purposes only. (d) Chairperson. The JAG members shall select a chairperson and vice - chairperson from among the JAG members to preside over JAG's meetings. 6.3 Jail Operation Group (JOG). (a) Membership. Each City Member shall appoint one representative to be a member of the JOG. The initial JOG member for each City shall be designated by the City in the space provided below the City's signature on this Agreement. (b) JOG Powers. The JOG shall advise the Assembly and JAG on operational issues regarding the King County Jail Contract or the Yakima Jail Contract, including without limitation, issues or disputes among the City Members related to contract interpretation, contract disputes, inmate transportation, alternative and community correction programs, coordination with the courts and law enforcement, mental health, drug and alcohol treatment, alterative facilities within or outside of King County, and any other related issues. The JOG shall consult with JAG regarding recommendations for :he annual budget, assessments, and work program. (c) Meetings. The JOG shall meet as often as it deems necessary, but not less than quarterly. A quonmm at any meeting of the JOG shall consist of a simple majority of the JOG mcnmbers. Decisions will be made by consensus of all the JOG members in attendance at a meeting. The JOG may seek a straw vote for informational purposes only. hiterlocal Agreement for Jail Administration Page 8 of 23 (d) Chairperson. The JOG members shall select a chairperson and vice - chairperson from among, the JOG members to preside over JOG's meetings. 7. JAIL PROPERTY 7.1 Land Transfer. Pursuant to the terms of the Kings County Jail Contract and the Land Transfer Agreement, King County will convey the Jail Property to the City of Bellevue prior to July 1, 2004. Bellevue will hold the Jail Property on behalf of all cities in King County as third party beneficiaries. Bellevue shall act as the fiscal agent of the cities for purposes of taking action with respect to the Jail Property. Any disposition of the Jail Property shall also be consistent kvith the teens and provisions of Section 12 of the King County Jail Contract, Nvhich provides in pertinent part as follows: "The Property will be used to contribute to the cost of building secure capacity, or contracting for secure capacity. and, at the sole discretion of the Contract Cities, building or contracting for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not build secure capacity, or contract for secure capacity, and, at the sole discretion of the Contract Cities build or contract for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 3 L 2012) of the population reduction schedule as detailed in Sections 1 1.3 and 11.4 of this Agreement the City of Bellevue shall transfer title to the Property back to the County if such Property has not been sold; or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned; or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MIA appraiser selected by mutual agreement of King County and the City of Bellevue- plus investment interest earned." 7.2 Expenses. The City of Bellevue is authorized to sell the ,fail Property for no less than fair market value. Fair market value shall be determined by an MIA appraisal commissioned by the City. The City of Bellevue is authorized to deduct from thegross proceeds customary expenses necessary to dispose of the property and costs incurred to perform due diligence studies necessary to exercise the option to take possession of the property from the County including, but not limited to, tests inspections, survev, appraisal., expenses resulting from any legal challenge, maintenance activities during the time the City of Bellevue has possession of the property. The total deductions shall not exceed five percent (5%) unless approved by the Assembly. If the Jail Property is sold and Cities fail to meet the terns set out in Section 12 of the King County Jail Contract referenced in Section 7.1 above regarding use of the proceeds, Cities are responsible for their proportional share of the amount required to reimburse Interlocal Agreement for Jail Administration Page 9 of 23 King County as referenced in that section. This responsibility will be met collectively by requiring the fiscal agent to invest the sale proceeds in investment instruments that will preserve the full value of the capital assets, assure liquidity for funding future misdemeanant jail facilities and achieve the best rate of investment return. Until these conditions can be met, the fiscal agent shall retain the sale proceeds in the State Local Government Investment Pool. 8. FINANCE AND BUDGET 8.1 Budd The budget year for jail administration and operations shall be January 1 to December 31 of any year. On or before July I" of each year, a recommended budget, assessments, and work program for the next budget year shall be prepared by JAG, reviewed and recommended by the Assembly, and transmitted to each City's legislative body for approval or disapproval. Approval of the budget by a City's legislative body shall obligate that City to pay the assessment budgeted for that City for the next budget year; if a City's legislative body disapproves the budget that City shall not he obligated to pay the assessment budgeted for that City for the next budget year. An annual budget, including assessments, and work program shall not become effective unless the annual budget is approved by the legislative bodies of Cities representing sixty percent (60%) of the total residential population of all City Members. If an amrual budget becomes effective under this Section, but insufficient Cities approve and pay assessments to fund the entire work program for that budget year, then JAG has the authority to assign priorities to the various items in the work program and to detennine which items or portions of items will be removed from the work program for that budget year. For budget year 2004, the Cities shall make a good faith effort to accomplish the budget, assessment, and work program approval process by December 31, 2003. In the event that the Cities are unable to complete the process by that date, the Cities agree that the assessments for the year 2004 shall be as stated in Exhibit A to this Agreement, and the budget and work program approval for the year 2004 shall be completed by March 31, 2004 and shall be consistent with the assessments stated in Exhibit A. 8.2 Authority. The JAG, acting through its chairperson, and consistent with the budget, assessments, and work program approved by the City '_Members, is authorized to (1) apply for loans or grants in order to accomplish the purposes of this Agreement consistent with Chapter 39.34 RCW, (2) seek and negotiate partnerships with public and private corporations or entities as allowed by law, and (3) approve expenditures and direct the Fiscal Agent to make payments. The Fiscal Agent is empowered to receive all annual assessments received from the Cities and to make disbursements as approved by the JAG chairperson. If grants or other unbudgcted funds become available, budget amendments will be referred to the Assembly for its revie,,v and recommendations to City Members. 8.3 Fiscal Agent. The City of Tukwila shall act as the Assemblv's initial Fiscal Agent pursuant to RCW 39.34.030 until the Assembly approves another Fiscal Agent. 8.4 Intergovernmental_ Cooperation. The Assembly and JAG will cooperate with state, county, and other local agencies to maximize use of arty grant funds or other Interlocal Agreement for Jail Administration Page 10 of23 resources and enhance the effectiveness of the programs and projects created or implemented pursuant to this Agreement. 9. ANNUAL ASSESSMENT Funding for the activities under this Agreement shall be provided solely through the budget process described in Section 8 and collection of the annual assessment described in this Section 9. No separate dues or assessments steal- be imposed or required of the Cities except upon unanimous vote of all of the Cities. 'The annual assessment shall be paid to the Fiscal Agent on a quarterly basis at the beginning of each quarter. Each City shall be assessed an annual assessment fee equal to Two Hundred and Fifty Dollars and No/100 (S250.00) or equal to its proportional share of the approved budget based upon the following cost allocation formula, whichever is greater: (i) 50% of the annual fee shall be based upon the percentage calculated by dividing each City's residential population into the total residential population of all City Members, multiplied by one-half of the total amount of the annual budget; and 00 50% of the annual fee shall be based upon the percentage calculated by dividing a City's EADP into the actual total amival jail bed usage by the Cities in the Yakima jail facilities, multiplied by one-half of the total amount of the annual budget. The cost allocation formula is expressed as follows: (City's res. population) (Total of all Cities' res. population) multiplied by (% of total annual budget) plus (Citv's EADP) (Total Annual Jail Bed Usage of all Cities) multiplied by (`/_ of total annual budget) in Yakima Countyjail facilities) equals City's Total Annual Assessment 10. DEFICITS IN USAGE OF YAKIMA JAIL BEDS Each City has generated an EADP. Attached hereto as Exhibit B, and incorporated by this reference, is the EADP of each City. In the event the Cities collectively fail to meet their Minimum Bed Commitment for any year during the term of the Yakima Jail Contract, the EADPs set forth in Exhibit B shall be used by the Cities to calculate the proportionate share owed by any individual City to Yakima. Interlocal Agreement for Jail Administration Pauc 1 1 of 23 Each City will be responsible for its bed commitment to Yakima. Only those Cities that did not meet their EADPs and have unused bed commitment for the year will be responsible for paying Yakima for such unused bed comn-littnent. However, if some cities exceed their EADP, their overage will be distributed as a credit to the cities whose jail use was less than their EADPs. Each City's credit will be based upon its percentage share of the total EADP. A City whose actual jail use equals or exceeds its EADP will pay Yakima an amount equal to its actual jail use. A City whose actual jail use is less than its EADP will pay Yakima an amount based on its EADP less the credit as described in this section. For purposes of this section. "credit'' shall mean the product resulting from multiplying the (Beds in excess of Cities' F,ADP) by the quotient obtained by dividing the (EADP of a City Nvith Unused Bed Commitment) by the (Sum of EADPs of all Cities with Unused Bed Commitment.) The calculation of a City's credit is expressed in the formula below: City Credit = (Sum of amount over the EADP X (EADP of a City " Unused _Bed Commitment of All Cities Which Exceed'their EADPs) (Sum of f ADPs of Cities XV Unused Beds) For a City whose actual jail use was less than its EADP. its "credif' will be subtracted from the number of unused city beds. The difference is :he amount that shall be paid to Yakima as expressed in the formulas below: City's unused beds = City's EADP — City's actual bed use Amount owed to Yakima — City's unused beds — city credit Exhibit C, attached hereto and incorporated by this reference, provides an example of a hypothetical application of this formula. 11. SURPLUS LSAGE OF YAKINIA JAIL BEDS The Cities acknowledge that the Yakima Jail Contract does not require each City to maintain a jail usage equal to that City's F.ADP. Overused Bed Commitment by one Citv may inure to the benefit of the other Cities. However, Overused Bed Commitment in excess of five percent (5%) may create a hardship for the ether Cities. Therefore, prior to usage in excess of rive percent (5%) of its EADP, a City must obtain consent from another City or Cities to use a portion of the other City's or Cities` EADP. 12. VERY MEMBERS Any city or town may become a member to this Agreement so long as such city or town has entered into contracts for jail services with King County or Yakima County, executes an Addendum to this Agreement agreeing to comply with the terms and provisions of this Agreement, as no%v existing or hereafter amended, and obtains approval of the current budget by its legislative body. The Assembly shall determine what, if any, funding obligations such additional member city shall pay as a condition of becoming a member city to this Agreement. hlterlocal Agreement for Jail Administration Pagc 12 of 23 13. MAILING ADDRESSES All notices and correspondence to the respective parties to this Agreement shall be sent to the City Manager or Mayor for each City. All notices and correspondence to the Assembly shall be sent to the office of the Fiscal Agent. 14. INSURANCE 14.1 Evidence of Insurance Coverage. Each City agrees to provide the other Cities with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool or self-insurance program which is sufficient _o address the insurance and indemnification obligations set forth in this Agreement. 14.2 Minimum Liabilitv Limits. Each City shall obtain and maintain throughout the tenn of this Agreement coverage in minimum liability limits of one million dollars (SI,000,000) per occurrence and two million dollars (52,000,000) in tine aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis; except that insurance on a `claims made- basis may be acceptable with prior approval from JAG. If coverage is approved and purchased on a --claims made' basis, the City Member providing such insurance warrants continuation of coverage through policy renewals or the purchase of a tail, and/or conversion from a "claims made" form to an "occurrence" coverage form. 15. HOLD HARMLESS/INDEMNIFICATION Each City shall defend, indemnify and hold harmless all other Cities, their officers, agents and employees, from and against any and all claims, including third party claims, costs. judgments or damages, including attorneys fees, arising out of the negligent acts or omissions of the City, its officers, agents and cruployees, in connection with this Agreement. The Cities hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the Cities. The provisions of this Section shall survive any tennination or expiration of this Agreement. 16. GENERAL, PROVISIONS 16.1 This Agreement contains all of the agreements of the Cities with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement authorized by the legislative bodies of all of the Cities and signed by all of the Cities. hrterlocal Agreement for Jail Administration Pagc 13 of 23 16.2 Any provision that is declared invalid or illegal shall in no way affect or invalidate any other provision. 16.3 In the event any City defaults on the performance of any terms of this Agreement or any City places the enforcement of this Agreement in the hands of an attorney, or tiles a lawsuit, the prevailing City or Cities shall be entitled to an award of all its/their attorney fees, costs, and expenses. 10.4 Failure of any City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not constitute a waiver of such breach or default. 16.5 Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be brought and tried in the Superior Court or the State of Washington in King County. Presenting disputes to the JAG and to a mediator consistent with this lnterlocal Agreement shall be conditions precedent to the commencement of any judicial process to enforce the terms of this Agreement. 16.6 This Agreement may be executed in any number of counterparts. 16.7 The laws of the State of Washington shall govern this Agreement. 16.8 This Agreement shall be recorded with the King County Department of Records. THIS AGREEMENT has been executed by the undersigned Cities and shall be dated effective November 1, 2003. CITY OF ALGONA, WA Glenn Wilson, Mayor Initial Assembly Member: Initial JOG Member: CITY OF AUBURN, WA Peter B. Lewis, Mayor Initial Assembly Member: Initial JOG _Member: TOWN OF BEAUX ARTS VILLAGE, WA By: Charles R. Lowry, Mayor Initial Assembly Mcmher: Initial JOG Member lnterlocal Agreement for Jail Administration Pagc 14 of 23 Approved as to Form: George Kelley, Algona City Attorney Approved as to Form: Daniel B. Heid, Auburn City Attorney Approved as to Forni: Wayne �4cwart, Town Attorney CITY OF BELLEVUE, WA By: Steve Sarkozy, City Manager Initial Assembly Member: Initial JOG Member: CITY OF BLACK DIAMOND, WA By: Howard Botts, Mayor Initial Assembly Member: Initial JOG Member: CITY OF BOTHELL, WA By: Jim Thompson, City Manager Initial Assembly Member: Initial JOG Member: CITY OF BURIEN, WA By: Gary P. Long, City Manager Initial Assembly Member Initial JOG Mcnnbcr: CITY OF CARNATION, WA By: Woody Edvalson, City Manager Initial Assembly Member Initial JOG Member: CITY OF CLYDE HILL, WA By:- ---George S. Martin, Mayor Initial Assembly Member: Initial JOG Mcmber Interlocal A,recment for Jail Administration Page 15 o F 23 Approved as to Form: Richard L. Andrews, Bellevue City Attorney Approved as to Form: Loren D. Combs, City Attorney Approved as to Fortn: Michael E. Weight, Bothell City Attorney Approved as to Form: Lisa Marshall, Burien City Attorney Approved as to Form: Phil A. Olbrechts, Carnation City Attorney Approved as to Forni: Clyde Hill City Attorney CITY OF COVINGTON, WA By: Andrew D. Dempsey, City Manager Initial Assembly Member:_ Initial JOG Mcmber: CITY OF DES MOINES, WA By Tony Piasecki, City Manager Initial Assembly Member: Initial JOG Member: CITY OF DUVALL, WA By: Becky Nixon, Mayor Initial Assembly Member: Initial JOG Member: CITY OF ENUMCLAW, WA By: John Wise, Mayor Initial Assembly Member: Initial JOG Member: CITY OF FEDERAL WAY, WA By: David H. Moseley, City Manager Initial Assembly Member: Initial JOG Member: CITY OF HUNTS POINT By: Fred McConkey, Mayor Initial Assembly Member: Initial JOG Member: Interlocal A�,,rccmcnt for Jail Administration Pagc 16 o f 23 Approved as to Form: Duncan C. Wilson, Covington City Attorney Approved as to Form: Des Moines City Attorney Approved as to Form: Bruce Disend, Duvall City Attorney Approved as to Form: Michael J. Reynolds, Enumclaw City Attorney I- Approved as to Form: By: Patricia A. Richardson Federal Way City Attorney Approved as to Form: By:_ I Iunts Point City Attorney CITY OF ISSAQUAH, WA By: Ava Frisinger, Mayor Initial Assembly Member: Initial JOG ylcmbcr CITY OF KENMORE, WA By: Stephen L. Anderson, City Manager Initial Assembly Member: Initial JOG Member: CITY OF KENT, WA Bv: Jim White, Mayor Initial Assembly Member: Initial JOG Member: j CITY OF KIRKLAND, WA By: David H. Ramsay, City Manager i Initial Assembly Member: Initial JOG Member: CITY OF LAKE FOREST PARK, WA By: David R. Hutchinson, Mayor Initial Assembly Member: Initial JOG Member CITY OF MAPLE VALLEY, WA Bv: John F. Starbard, City Manager Initial AsscmblyMcmbee Initial J06 Member: Interlocal Agreement for Jail Administration Pa,-,c 17 of 23 Approved as to Fonn: Wayne D. Tanaka Issaquah City Attorney Approved as to Form: Michael R. Kenyon, Kenmore City Attorney Approved as to Form: Tom, Brubaker, Kent City Attorney Approved as to Form: Gail Gorud, Kirkland City Attorney Approved as to Fonn: Michael P. Ruark, Lake Forest Park City Attorney Approved as to Form: Lisa Marshall, Maple Valley City Attorney CITY OF MEDINA. WA Approved as to Form: By: - Douglas J. Schulze, City Manager Kirk R. Wines, Medina City Attorney Initial Assembly Member: Initial JOG Member: CITY OF MERCER ISLAND, WA Approved as to Form: By: - Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney Initial Assembly Member. Initial JOG Member: CITY OF MILTON Approved as to Form: By: By: Katrina Asay, Mayor Milton City Attomey Initial Assembly Membee Initial JOG Membcr: CITY OF NEWCASTLE, WA Approved as to Form: By: ------------ Andrew J. Takata, City Manager Dawn Findlay, Newcastle City Attorney Initial Assembly Member: Initial JOG Member: CITY OF NORMANDY PARK, WA Approved as to Form: By: Merlin MacReynold, City Manager Susan Rae Sampson, Norniandy Park City Attorney Initial Assembty Member: Initial JOG Member: CITY Oh NORTH BEND, WA Approved as to Form: By: Joan Simpson, Mayor Michael R. Kenyon, '-North Bend City Attorney Initial Assembly %lember_ � Initial JOG Member: Interlocal Agreement for Jail Administration Pa eISof?i CITY OF PACIFIC, WA By:_ Howard Erickson, Mayor Initial Assembly Member: Initial JOG Mcmber: CITY OF REDMOND, WA By: Rosemarie Ives, Mayor Initial Assembly Member: Initial JOG Member: CITY OF RENTON, WA By. Jesse Tanner, Mayor Initial Assembly Member: initial JOG Member: CITY OF SAMMAM1SII, WA By Ben Yazici, City Manager Initial Assembly Member Initial JOG Member: CITY OF SEATAC. WA By: Bruce A. Rayburn, City Manager Initial Assembly Mcmber: Initial JOG Member. CITY OF SEATTLE, WA By: Gregory J. Nickels, Mayor Initial Assembly Member: Initial JOG Member: hrterlocal Agreement for Jail Administration Pagc 19 of 23 4pprovcd as to Form: Bruce Disend, Pacific City Attorney Approved as to Forin: ,lames E. Haney, Redmond City Attorney Approved as to Form: 1 awrenccJ. warren, Kenton t,1ty,Attorney Approved as to Form: Bruce Disend, Sammatnish City Attorney Approv--d as to Form: Robert L . McAdams, SeaTac City Attorney Approved as to Form: Thomas A. Can-, Scattle City Attorney CITY OF SHORELINE, WA By: Steven C. Burkett, City :Manager Initial Assembly Member:_ Initial JOG Member: CITY OF SKYKOMISH. WA By: Skip Mackner, Mayor Initial Assembly Member - Initial .JOG Member: CITY OF SNOQUALMIE, WA By: Randy Fuzzy Fletcher, Mayor Initial Assembly Member: Initial JOG Member: CITY OF TUKWILA, WA Bv: Steve Mullet, Mayor Initial Assembly Member: Tnitial JOG Member: CITY OF WOODINVILI,E, WA Bv: Pete Rose, City Manager Initial Assembly Member: Initial JOG Member: TOWN OF YARROW POINT, WA By: Jeanne R. Bcny, Mayor Initial Assembly'Member: Initial JOG Mcmber: Interlocal A�zrccment for Jail Administration Pa,c 10 of 2 Approved as to Form: Ian Sievers, Shoreline City Attorney Approved as to Form: Jeffrey Ganson, Skykomish City Attorney Approved as to Form: Pat Anderson, Snoqualmic City Attorney Approved as to Form: Robert F. Noe, City Attorney Approved as to Form: Jeffrey L. Taraday, Woodinville City Attorney Approved as to Form: Wayne Stewart, Yarrow Point Town Attorney EXHIBIT A 2004 ANNUAL COST PER CITY FOR THE JAIL ADMINISTRATIVE GROUP (JAG) Yakima Estimated 2002 Average of city pop. & jail Bed Population beds; S250 minimum Commitment Total 440.1 1,327,706 $88,000 Auburn Bellevue Bothell Burien Covington Des Moines Federal Way Issaquah Kenmore Kirkland Lake Forest Park Maple Valley Mercer Island Newcastle North Bend Redmond I Renton Sammamish SeaTac Seattle Shoreline Tukwila Woodinville 88.5 27.0 2.0 4.0 2.4 17.0 29.0 2.0 3.0 12.5 2.5 4.0 2.0 20.0 27.0 1.5 4.1 155.0 18.0 11.0 1.5 43,970 117,000 16,264 31,810 14,395 29,510 83,850 13,790 19,180 45,790 12,860 15,040 21,955 8,205 4,735 46,040 53,840 34,660 25,320 570,802 53,250 17,270 P Ran Algona 3.0 2,525 Beaux Arts Village 295 Black Diamond 4,015 Carnation i 0.0 1,905 Clyde Hill 0.0 2,895 Duvall 1.0 5,190 Hunt's Point 455 Medina 0.7 3,010 Milton 815 Normandy Park 0.4 6,395 Pacific 5,405 Skykomish 215 Snoqualmie 1.0 4,210 Yarrow Point 1,010 11.9% 7.6% 0.9% 1.7% 0.8% 3.1 % 6.6% 0.8% 1.1 3.2 % 0.8% 0.6% 1.3% 0.3% 0.4% 4.1 % 5.2 % 1.5% 1.5% 40.0% 4.1 % 1.9% 0.6% 0.4% Estimated Annual Cost (salary/benefits) for JAG staff position - $88,000 Intcrlocal Aurccnicnt for Jail Administration Pagc 21 of 23 $10,056 $6,462 $728 $1,432 $705 $2,622 $5,571 $647 5921 S2,717 $665 $493 $1,109 $269 $350 53,456 S4,393 S1,282 $1,229 533,793 53,497 S1,637 $468 $250 $250 $250 $250 $250 5250 5250 $250 S250 $250 $250 5250 S250 $250 EXHIBIT B TO INTERLOCAL AGREEMENT BETWEEN THE CITIES CONTRACTING WITH YAKIMA City or Town 2003 EADP Algona 3.0 Auburn 88.5 Beaux Arts Village 0.0 Bellevue 27.0 Black Diamond 0.0 Bothell 2.0 Burien 4.0 Carnation 0.0 Clyde Hill 0.0 Covington 2.4 Des Moines 17.0 Duvall 1.0 Federal Way 29.0 Issaquah 2.0 Kenmore 3.0 Kirkland 12.5 Lake Forest Park 2.5 Maple Valley 0.0 Medina 0.7 Mercer Island 4.0 Newcastle 0.0 Normandy Park 0.4 North Bend 2.0 Pacific 0.0 Redmond 20.0 Renton 27.0 Sammamish 1.5 SeaTac 4.1 Seattle 155.0 Shoreline 18.0 Skykomish 0.0 Snoqualmie 1.0 Tukwila 11.0 Woodinville 1.5 Yarrow Point 0.0 TOTAL 440.1 hnterlocal Agreement for Jail Administration Page 22 of 21 EXHIBIT C TO INTERLOCAL AGREEMENT FOR JAIL ADMINISTRATION Hypothetical Example - formulas for distributing unused bed capacity at Yakima Scenarios 3 cities contract with Yakima for a minimum of 130 beds. The cities are under their collective commitment by 20 beds: 2 cities are under and 1 city Is over its bed commitment. Total Bed Commitment Actual Unused Contract Cities (EADP) Bed Use Beds City A 80 70 City B 40 25 City C 10 15 _ 5 _ Total 130 110 Amount Owed to Yakima Under Formula Stated in Section 10 of this Agreement Each city pays for its unused beds but then receives a credit based on its % share of the total bed commitment. For example, City C exceeded its bed com-nitment by 5 beds. City A's share of this 5 bed overage (aka the "credit") is calculated by taking City Ai s % share of the total bed commitment (67%) times the overage of 5 beds = a credit of 3.3 beds. City C owes Yakima for 76.7 beds (EADP of 80 beds less the credit of 3.3 beds). Amount Cities with Unused Bed Total Bed Commitment % Share Actua Unused Owed to Commitment (EADP) (EADP) Bed Use Beds Credit Yakima City A 80 67''. 70 + 10 - 3.3 = 76.7 City B 40 33 % 25 + 15 - 1 7 = 38.3 Subtotal 120 100'/0 95 + 25 - 5.0 = 115-0 City C 10 15 + 0 - 0 - 15 Total 130 110 + 25 - 5 = 130 Interlocal A--reement for Jail Administration Page " o f-?