HomeMy WebLinkAbout03-26-2007 - Agenda PacketMEDINA CITY COUNCIL
MEETING AGENDA
March 26, 2007 6:30 pm
501 Evergreen Point Road Medina, WA
A. EXECUTIVE SESSION 6:30 pm
1. The city council will convene in a closed session to hold discussions per
RCW 42.30.110 (1) (b)
B. CALL TO ORDER 7:00
orn
C. ROLL CALL
Miles Adam, Lucius Biglow, Drew Blazey, Jim Lawrence, Katie Phelps,
Bob Rudolph, Pete Vail-Spinosa
D. APPROVAL OF MEETING AGENDA
E. ANNOUNCEMENTS
1. Mayor
2. Council
3. Staff
F. AUDIENCE PARTICIPATION
1. Non -Agenda Items (3 minutes per person)
G. OTHER BUSINESS
1. City Hall Restoration
2. Overhead Utility Line Conversion Report
3. Draft Ordinance to Repeal Existing View and Sunlight Ordinance
4. Water Resource Inventory Area 8 (WRIA-8) Interlocal Agreement
5. Council Agenda Calendar
H. ADJOURNMENT 10:00 pm
PUBLIC PARTICIPATION
The Medina City Council encourages public participation and values input from citizens. In an effort to
conduct meetings in a fair, but efficient manner, the City Council will follow previously adopted procedures,
which are available in the City Clerk's Office. All comments shall be addressed to the Council as a whole
in a courteous and respectful manner.
Citizens wishing to address the Council should complete a speaker card and submit it to the recording
secretary prior to the start of the meeting. Speaker cards are on the podium prior to the start of the City
Council meetings.
ITEM G-1
CITY OF MEDINA
501 Evergreen Point Road, Medina, WA 98039
(425) 233-6410 www.medina-wa.gov
MEMORANDUM
DATE: March 19, 2007
TO: City Council, City Manager
FROM: Joe Willis Sr., Director of Public Works
RE: Report on City Hall Repair/Expansion
Recommendation:
It is recommended that the City Council direct staff to pursue one of the three
presented repair/expansion study options, and direct the City Manager to authorize
Johnston Architects (Consultants) to begin Phase II work corresponding to the
option selected, as per the terms of their Council -approved Contract, dated
September 13, 2006. As per Contract, cost of the next phase of work (see
Attachment 1) will range from $18,462 to $55,488, depending on the
repair/construction option selected.
Background
The preliminary report on City Hall and a possible expansion prepared by Johnston
Architects, entitled Medina City Hall Building Survey was provided to the Council in
February 2007. The professional services contract with Johnston Architects contains
two areas of work to be accomplished. The first area of the consultants' work included
a condition survey of the existing building, formulation of recommendations for the
correction of deficiencies, and the preparation of drawings and specifications for the
correction work. The second area of the consultants' work includes design
development for proposed additions including needs study, conceptual designs and
drawings with specific recommendations, estimated costs, information presentations,
and, upon approval, preparation of drawings and specifications for the project and
oversight of the work.
At this point, the architect has completed the building survey, formulated
recommendations and preliminary cost estimates for the repairs which included several
recommended options for the correction work (Phase 1). When reviewing the
evaluation team report, close attention should be paid to the existing city hall condition
and recommendations for its repairs and the correction of deficiencies.
Initial comments during the Council meeting of February 121" indicated that while the
repairs of the existing building are endorsed by the Council, the overall costs for the
renovation and the proposed 25 foot expansion seem excessive and should be paired
ITEM G-1
down or, at the very least, reviewed for cost saving options. Recognizing that
preliminary cost estimates are only a gage of what the bidding market price may be for
a given scope of work at a specific point in time based upon an expert's opinion, the
estimates in this instance should only be utilized as a tool for discussion and
comparison of the options. It is too early in the process to define all of the various
facets of the work involved to accurately estimate the scope of the work or its ultimate
cost when we have not defined all of the work to be accomplished.
When considering the various scopes of work (Study Options) presented in the
consultants' report, the first scope of work option should be considered a must. The
second option adds work that a prudent individual would be expected to add to not just
repair the structure but improve the life -safety aspects of the building. The third scope
of work option provides one alternative method of expansion to the building to address
space needs, improve access, work areas, and improve building support functions.
Scope of Work (Study) Options
Scope of Work Option 1, with an estimated cost of $ 435,845, addresses identified
problems and basic life -safety concerns. It includes repairs to the existing building
siding, deck, weather sealing, heating and ventilation, plumbing, electrical and fire
alarm systems, and includes minor renovations to the building envelope to upgrade its
structural integrity (primarily at building beam connections, the roof support structure,
and those areas where exterior repair work is needed).
Scope of Work Option 2, with an estimated cost of $ 758,503 includes all Option 1
costs plus additional costs to address seismic and life -safety needs by installing
foundation anchors, added interior shear wall construction to resist seismic collapse, a
fire sprinkler system, and an upgrade of the building lighting and emergency power
circuits.
Both of the above scope of work option cost estimates for the identified repairs and
renovations include architect design fees and contingency funds to arrive at an overall
project cost that includes project development, and contingency estimates above and
beyond the estimated construction costs.
Scope of Work Option 3 includes Options 1 and 2 costs as well as the cost to construct
a 25 foot extension of both the basement and the main floor levels on the north end of
the building for a total addition of 1875 square feet. The estimated cost of $1,806,199
adds 875 square feet of floor area to each of two levels (not attic level); adds an
elevator for two levels in the existing building for access (not attic level); replaces
support columns in basement to allow optimum use of space, and completes interior
renovation work to maximize the use of the building. It should be noted that continuing
to have staff occupy the attic level with no elevator, emergency exit or fire sprinkler
system is not a desirable situation.
An alternative to provide for the attic emergency exit and to gain usable space in the
existing building is to explore an expansion of the existing attic space using a dormer
or gable system, adding elevator access to the top floor, and adding an emergency
exterior stairway exit. The architect's quick analysis of this option presented in the
ITEM G-1
attached graphic images does not substantially alter the character of the building while
adding 570 square feet of floor area. The estimated cost for this alternative is
approximately $ 200,000.
Conclusion
The architect has done an excellent job in identifying immediate building needs, and
while the expansion alternative plan presented in the report requires refinement, I
believe the expansion will not only provide needed space but will also allow for better
space utilization.
The concept of selecting a maximum budget for the City Hall repairs and renovation
and then backing into a construction option fails to recognize that the existing building
requires repairs and if improvements are accomplished in the same project, they can
be completed at less cost, actually decrease energy usage, improve the building
function, and provide needed space to support City functions. Upon completion, the
City Hall should not make a statement to the community that is pretentious but one that
emphasizes historical importance and regard for the public trust.
If staffs recommendation is approved, the Consultant will work with City staff and
proceed with the design development for the building renovation and expansion
without compromising the existing building fagade or character that is to include the
necessary building repairs and life -safety improvements and address the space needs,
improve access, work areas, and building support functions. Following staff input and
upon completion of schematic drawings the Consultant is to provide the most cost
effective and efficient floor plan to the Council for consideration.
ATTACHMENT 1
j 0 H N 5 T C N
August 30, 2006
Mr. Joe Willis
Director of Public Works
City of Medina
501 Evergreen Point Rd -
Medina WA 98039
Dear Joe:
A R C H i T E C T S
I'm enclosing, per our recent discussions, a three -tiered proposal for the Medina City Hall project.
The breakdown is as follows: Phase One includes the cost to perform the buHding survey. Phase
Two is the cost to produce documents for the existing building upgrade based on the information
recommended in the survey report. Phase Three is the cost to produce construction documents
for the building addle lore.
This proposal is using budget amounts which we have also previously discussed. The total budget,
Including survey and design fees, for Phases One and Two is $150,000. The total budget, also
Including complete design fees, for Phase Three is $500,000. For projects of this type,
Washington State Fee Guidelines recommends 10.58% of total construction cost as a fee
recommendation. This includes architectural, structural, mechanicalfelectrical fees. I'm using this
fee percentage for Phase Three. For Phase Two, the Fee guidelines allow for an additional two
percentage points of fee for remodel work, so I'm proposing a 12.58% fee for the remodel phase of
the work. I've broken down the fee structure below.
Please note: Each phase of fees beyond the initial Phase One are tentative; at the completion of
each phase it will be necessary to have a follow-up discussion in order to verify that the estimated
costs noted in this proposal continue to be relevant, I've attached a cost estimating round for the
remodel and addition phases.
A. PHASE ONE (Building Survey):
1 } Architectural: $9,500
a. Initial site visit with consultants
b. As -built field documentation of existing building
c. Autocad as -built drawings (plans, elevations, section)
d. Assessment of architectural building features
e. Consultant coordination
f. Draft up survey results
g, Presentation of survey to City of Medina
2) 5fructuraj; _$2,50Q_ _ _ _ _ _
a. Initial site visit
b. ASCE 31 — Tier 'I Analysis of Building
c. Loading capacity of typical floors
d. Walk thru site visit to determine condition of building
e. Recommendations for upgrading existing building to current code standards
f. Findings to JA for Inclusion in survey report
3) Mechanical/Electrical: $6,000
a. Initial site visit with consultants
b. Review of existing mechanical and electrical building components
P L L C
3503 N8 45th St. Suite 2 . Seattle, WA 48105 p, 206,523.6150
w w w j o h n s t o n a r c h i t e c t s c o m f. 206.S23.9382
0 H N S T 0 N A R C M i T E C T S
c. Recommend modifications/changes to upgrade systems to JA for inclusion in survey
report.
4) Building Envelope: $2,760
a. Initial site visit with consultants
b. Review existing project reports and documents
c. Identify site conditions, sources of water entry, service of existing components to
assess any damage which may have occurred.
d. Conduct comprehensive interior survey including interior spaces adjacent to perimeter
walls
e. Identify potential for organic growth.
f. Provide recommendations to architectlowner for mitigating current building infiltration
Issues.
PHASE ONE TOTAL.: $19,260
B. PHASE TWO (Building Upgrade based on $111,777 construction cost)
1) Architectural: $6,650
a. Discuss program requirements with key staff members
b. Study adjacencles and develop. program requirements for potential space planning
changes to existing building
c. Develop CAD construction documents (using as-builts)-based upon surrey findings to
define building upgrade work
d. Consultant coordination (Structural, M/E, Building envelope documents)
e. Presentation of 50% documents to City of Medina for review
f. Finalize construction documents
g. Presentation of 100°% documents to City of Medina for approval.
2) Structural: $3,500
a. Provide upgrade drawings to address ASCE W --Tier 1 deficiencies noted in Phase 1.
b. Provide 50% and 100% documents.
3) Mocha nical/Electrical: $3,912.00
a. Perform mechanicallelectrical work based upon survey results. This fee is based on
the WE portion of work to be 35% of construction cost.
b. Provide 50°% and 100% documents.
PHASE TWO SUBTOTAL.: $14,062
(12,58% of $111,777.00)
4) Additional MIE service: $1,800
a. This extra service is to develop Mechanical Record drawings which do not currently
exist. it is Important to have these In order to complete remodel and addition
drawings.
5) Cost Estimating: $2.600
a. Provide cost estimating for building upgrade costs based upon survey
recommendations and construction documents
PHASE TWO TOTAL.: $18,462
P L L C
3503 NE 45th St. Suite 2 . Seattle. RYA 98105 p, 206.523.6150
w w w j o h n s t o n a r c h 1 t e c t s c o m. (. 206.523.9382
0 H N S T 0 N A R C H I T E C T S
C. PHASE THREE (Building Addition based on $444,500 construction cost):
1 Architectural: $25,271
a. Develop schematic drawings based
b. Develop documents based upon survey findings to define building upgrade work
c. ConsUltant coordination (Structural, MtE, Building envelope documents)
d. Presentation of survey to City of Medina
e. Landscaping services as needed (see note below)
2) Structural: $6,200
a. Perform structural engineering work based upon survey results
3) Mechanical/Electrical: $15,567
a. Perform mechanieailelectrical work based upon survey results
PHASE THREE SUBTOTAL: $47,028
(10.58% of 444,500)
4) Building Envelope: $5,860
a. Assistance in development of building envelope details (flashings etc) during CD
production
6) Cost Estimating: $2,600
a. Provide cost estimating services for building addition based upon construction
documents
NOTE: These two items. are outside of the recommended percentage
PHASE THREE TOTAL: $55,480
At this point in time it isn't anticipated that civil drawings Wil be required. Given the residential
nature of the project scope, typically a civil engineer isn't required. The state fee guidelines
consider civil fees to be outside the scope of the recommended percentage. If site work Is limited
to the addition of the building itself and minimal grading is associated, site costs can be kept to a
minimum and should be simply considered part of the overall cost of construction.
In the interest of economy, Johnston Architects can assist in the development of landscaping plans
to reflect and complement the existing site. landscaping. Mary Johnston is a certified Master
Gardener and we also have a staff member who holds a degree In Landscape Architecture, and we
often produce our own in-house documents for landscaping. Please call to discuss any of these
items. Thank you for working with us on the evolution of this proposal.
pwgarcls,
Marc Pevoto AlA
Principal -in -Charge
Johnston Architects plic
P L L C
3503 NE 45th St. Suite 2 . Seattle, WA .98105 'p. 206.523.6150
w w w j o h n s t o n a r c h i t e c t s c o rn f. 206.523.9382
N
kp
M
;s
am
III A23
SECOND FLOOR PLAN
MEDINA CITY HALL
ICI
ClF EDIM
KING C.1111, M
J 0 H N S T 0 N A R C H I T E C T S
3 6 a 3 NE 45 1 h St to . t . Suites 2 Seatt I - , Wash in 0lan 9 8 1 0 5 p . . , 0 b n , t a . . ph 2 a 6 523 . 6 1 5 0 lax 2 0 6 , 5 23 . 9362
m
1
4
h �I�
t't
�®
ELEVATIONS
„tea,
MEDINA CITY HALL
CITY OF METINA
KING COUNT', WA
J O H N S T O N ARC H I T E C T S p1LC
3503 NE 45th Street, Suite 2 . Seattle, Washington 98105 v. w". j s h e s ton ar c h1 tec t c. c o m ph 206. 523. 6150 lax 206. 523. 9382
y
4
m
,�3.2
��_
--„
ELEVATIONS /
secrioN
A6°�"'`
MEDINA CITY HALL
CITY OF MEDINA
ISING COUNTY, WA
J O H N S T O N ARC H I T E C T S ILIO
3503 NE 45 th Shoot, Suite 2. Seattle, Washinglon 98105 w w w. j o h n s l o a a r c hif a 0 t s. c u m ph 206. 523.0150 fax 2 0 6 . 5 2 3 . 9382
ITEM G-2
CITY OF MEDINA
Evergreen Point Road, Medina, WA 98039
(425) 454-9222 www.ci.medina.wa.us
MEMORANDUM
DATE: March 19, 2007
TO: City Council, City Manager
FROM: Joe Willis Sr., Director of Public Works
RE: Overhead Utility Line Conversion (undergrounding) Report
INTRODUCTION
The decision to convert overhead utility lines to underground systems is a process
that involves the Council, citizens, staff, consultants, multiple utilities and
contractors. There are a number of steps in this process including, but not limited
to: definition of the conversion limits, method of financing, public relations, public
hearings, project design, preliminary cost estimate, contract plan preparation and
bid, award of contract, interim financing, construction coordination, completion of
construction with final costs, allocation of the final costs.
ESTIMATED CONVERSION COSTS
Puget Sound Energy (PSE) conversion is governed by rules and regulations
established by the Washington Utilities and Transportation Commission. Under
Tariff G Schedule 74 the conversion of PSE's overhead electric distribution system
to comparable underground distribution system for government entities allocates
the cost for the conversion to PSE as 60% of all shared conversion costs and to
the City 40% of all shared conversion costs (excluding surveying, trenching,
excavation and restoration costs which are 100% City cost, single-family service
line conversions which are customer costs, street lighting which is an additional
cost, and any other utility conversion costs such as telephone and cable).
The attached synopsis of a PSE Conversion Design and Construction Agreement
briefly describes the project responsibilities, development steps and cost
allocation. Amplification of the various steps and responsibilities will be discussed
later.
The ballpark cost to underground approximately 50,000 feet of overhead power
lines in Medina's public right-of-way as estimated by PSE is $12 M. Of this $12 M,
the City share would be $ 4.8 M. When you add the cost of surveying, trenching,
excavation and restoration (estimated between $100 per lineal foot for shoulder
areas to $300 per lineal foot for sidewalk replacement for an estimated cost of $10
Page 1 of 1
ITEM G-2
M) and the cost to install new street light poles and luminaries where power poles
are removed at an estimated cost of $ 5,000 per light, the City Grand Total Cost is
just over $ 15 M, which does not include costs associated with the other utilities.
According to a Comcast Cable representative, the cost to convert their overhead
cables to underground (when the project is a City Capital Improvement Project)
would be accomplished in conjunction with the new trenching for the power
conduits and they would provide the conduit, install new wires, and complete the
customer connections.
METHODS OF ALLOCATING COSTS
]RED
Under a Local Improvement District (LID) whether it is formed by petition or
resolution, the method of allocating the cost is by determining the benefit to
each of the properties within the defined benefit district. The benefit must be
an amount equal to or better than the assessment to be levied against the
property. In the case of utility conversions this generally is the value derived
from improved view(s) and in some cases can extend to adjacent uphill
properties. Since a majority of the affected land owners as determined by
assessed valuation must approve the LID, it should not be undertaken
unless there is sufficient.public support for the project.
The LID process is complex and adds administrative costs to a project to
determine the benefit and to assign it to the various properties (the attached
City of Bainbridge Island Local Improvement District Checklist briefly
describes the steps and responsibility assignments associated with this form
of cost allocation). Under the LID scenario, the individual customer services
must by necessity also be underground. The customers are required to
replace their overhead service to an underground feed and house
connection at their own expense. Costs for their private service work vary
according to the amount of electrical work required to convert their overhead
service to an underground feed and the length of the new underground
service (typically $2,500 to $5,000).
Private individual initiated LID conversion projects (not an identified City CIP
project) are accomplished under a different PSE tariff wherein the cost of
conversion is allocated to the private individual property owners at 100% of
the cost. Similarly, the cost to convert the other utilities is also at the
property owner's expense.
CITY WIDE BOND ISSUE
Financing of a utility conversion by voter approved bond issue will require
prompt Council action in order for the ballot measure to go to the voters in
the next Statewide Primary. May 29th was confirmed by the City Clerk to be
the last day for filling a ballot resolution.
Page 2 of 2
ITEM G-2
According to Interim City Manager Roger Crum's bond issue calculations
provided to the Council in the February 12t" Council packet under the City
Managers Report, the added annual property tax increase for a $ 1 Million
valuation home to pay for a $ 15 M bond issue would be $487 per year over
20 years.
ANNUAL CAPITAL IMPROVEMENT PROJECTS
Segments of utility conversions may be accomplished on a project by
project basis within identified City revenue resources. In this scenario, the
conversion project would be incorporated into street reconstruction project
when adopting the City's 6-year Capital Improvement Program and would
be funded during the annual budget process. This method of conversion will
mean that street reconstruction (when undertaken) while more costly, will be
more coordinated and easier to locate or relocate utilities in the design and
construction process. The downside is that street reconstruction projects are
few and far between and are seldom adjacent to each other.
PROJECT IMPACT CONSIDERATIONS
In the utility conversion project design phase, the issue of where to place the new
underground utility within the rights -of -way is a primary concern. The new conduits
should not be located near existing water, natural gas, or sanitary sewer lines.
Appurtenances associated with each utility such as junction boxes, vaults
transformers, and handholes require locations that are readily accessible for
maintenance. In general, a utility corridor is defined that is at least four feet wide
with additional area behind the corridor defined for junction boxes and vaults. In
some cases the added area for the appurtenances requires placement of them on
private property which in turn requires an easement from the property owner which
must be secured before the work can begin.
In Medina, most of the streets have fully developed rights -of -way; driving lanes,
walkways or pathways, landscaping, etc. Construction of the new utility corridor will
disrupt traffic, disturb existing street improvements, and impact both public and
private landscaping. While these impacts can be minimized, they will need to be
addressed on a case by case basis. Some forethought however should be given to
the establishment of Street Standards that define the ultimate character and
desired function of the streets by classification (residential, collector, arterial, etc.).
NEXT STEPS
Should the Council desire to move forward with a City Wide undergound
conversion concept, a financial advisor and bond council should be hired to advise
the Council. After the financial implications are considered, public communications
and input should be discussed and if deemed sufficient to warrant further action,
consideration may be made for a ballot measure.
Page 3 of 3
ITEM G-2
Should the Council decide that there is insufficient public support or that City Wide
financing is not advisable, individual utility conversion projects to be accomplished
within City resources may be considered on a project by project basis when
adopting the City's 6-year Capital Improvement Program and funded during the
annual budget process.
Page 4 of 4
City of Medina
AGENDA STATEMENT
AGENDA ITEM TITLE:
MEETING DATE:
DATE THIS ITEM WAS LAST
CONSIDERED BY COUNCIL:
ITEM G-3
View and Sunlight Ordinance
March 26, 2007
February 12, 2007
SUMMARY OF ISSUE/TOPIC: During my February 12, 2007 department
report I highlighted an issue with Chapter 18.16 — "Trees — View and
Sunlight Obstruction." I reported that City Staff have frequently
encountered the misperception amongst Medina citizens that this
ordinance is enforced by the City. In fact, it is advisory only. After a brief
discussion, the City Council directed staff to prepare an ordinance that
repeals the ordinance.
If the ordinance is repealed, staff will use the City newsletter to periodically
send the message that the City encourages residents to resolve tree, view
and sunlight issues through neighborly discussion.
COMMISSION RECOMMENDATION:
❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® N/A
CITY MANAGER:
® APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ❑ N/A
COMMENTS: None.
❑ No Action Requested ® Action Requested
ATTACHMENTS: Item G-3a, Ordinance repealing MMC 18.16
BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $0
❑ BUDGETED ❑ NON -BUDGETED FUND: ❑ ® N/A
RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE)
move to adopt the ordinance prepared by staff.
If Council Members have questions, you are urged to call the staff person who prepared this agenda
statement prior to the council meeting.
ITEM G-3a
CITY OF MEDINA
ORDINANCE NO. XXX
AN ORDINANCE REPEALING ORDINANCE NO. 575, WHICH IS CODIFIED
AS MEDINA MUNICAPAL CODE CHAPTER 18.16 AND CONTAINS
RECOMMENDED PROCEDURES FOR RESOLVING ISSUES OF TREES THAT
OBSTRUCT VIEWS AND SUNLIGHT FOR NEIGHBORING PROPERTIES.
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Ordinance Number 575 is hereby repealed in its entirety.
PASSED BY THE MEDINA CITY COUNCIL ON THE DAY OF
, 2007.
Miles R. Adam, Mayor
Approved as to form:
Wayne D. Tanaka, City Attorney
Attest:
Rachel Baker, City Clerk
Passed:
Published:
Effective Date:
Ordinance No. XXX 1
ITEM G-3a
SUMMARY OF ORDINANCE NO. _
of the City of Medina, Washington
On , 2007, the City Council of the City of Medina, Washington, approved
Ordinance No. , the main points of which are summarized by its title as follows:
AN ORDINANCE REPEALING ORDINANCE NO. 575, WHICH IS CODIFIED
AS MEDINA MUNICAPAL CODE CHAPTER 18.16 AND CONTAINS
RECOMMENDED PROCEDURES FOR RESOLVING ISSUES OF TREES THAT
OBSTRUCT VIEWS AND SUNLIGHT FOR NEIGHBORING PROPERTIES.
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of , 2007.
Rachel Baker, City Clerk
Ordinance No.XXX 2
ITEM G-4
City of Medina
AGENDA STATEMENT
AGENDA ITEM TITLE: Water Resource Inventory Area 8 (WRIA-8)
Interlocal Agreement
MEETING DATE: March 26, 2007
DATE THIS ITEM WAS LAST
CONSIDERED BY COUNCIL: April 25, 2005
SUMMARY OF ISSUE/TOPIC: The previous WRIA-8 interlocal agreement
was concerned with plan development and it has expired. The City is now
asked to consider entering into a new interlocal agreement concerned with
plan implementation as explained in the attached staff report.
COMMISSION RECOMMENDATION:
❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® NIA
CITY MANAGER:
® APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ❑ N/A
COMMENTS: See attached staff report dated March 20, 2007.
❑ No Action Requested ® Action Requested
ATTACHMENTS: Item G-4a, staff report dated March 20, 2007
Item G-4b, interlocal agreement
Item G-4c, cost sharing table
BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $2,764 annually
❑ BUDGETED ® NON -BUDGETED FUND: ❑ ❑ N/A —
RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE)
I move that the City of Medina approve the WRIA-8 interlocal
agreement.
If Council Members have questions, you are urged to call the staff person who prepared this agenda
statement prior to the council meeting.
P:12007 Agenda Packets1032620071Item G-4, WRIA 8, cover form.doc
ITEM G-4a
CITY OF MEDINA
Development Services
501 Evergreen Point Road, Medina, WA 98039
www.medina-wam
MEMORANDUM
DATE: March 20, 2007
TO: Mayor and City Council
FROM: Joseph Gellings, AICP, Director of Development Services
RE: Water Resource Inventory Area 8 (WRIA-8) Interlocal Agreement
425.454.9222
RECOMMENDATION: Review this staff report and the attached interlocal agreement and
approve the agreement for the City of Medina.
POLICY IMPLICATION: The general policy direction of the plan is consistent with the Medina
Shoreline Management Master Program. The plan discusses some habitat enhancements not presently
required by the Master Program but these enhancements are voluntary according to the plan.
BACKGROUND: In 1999, the Chinook ("King") Salmon was listed under the Endangered
Species Act (ESA). This prompted the formation of the Water Resource Inventory Area (WRIA) 8
Forum body with the mission of developing a Chinook Salmon conservation plan for the Lake
Washington / Cedar / Sammamish watershed area. Funding was provided through an interlocal
agreement between the City of Medina and 26 other jurisdictions within the watershed. That interlocal
agreement was intended for development of the plan and covered the period of 2001 through 2005.
During the first interlocal agreement, the WRIA 8 Steering Committee oversaw development of the plan
and various scientific analyses. The science has identified three different populations of Chinook
salmon in the resource area: the Cedar River, North Lake Washington and the Issaquah populations.
While the critical spawning activity occurs in streams in these areas, Medina's shoreline plays a potential
role in the migratory and rearing aspects of the salmon lifecycle. The final conservation plan comprises
three volumes. It is very lengthy but the entire plan as well as an executive summary can be accessed
online -- http://dnr.metrokc.gov/wdas/8.
The Medina City Council last discussed this initiative on April 25, 2005. At that time the City Council
directed staff to write a letter of support to the WRIA 8 Forum which, along with similar actions by each
of the other member jurisdictions, led to ratification of the plan in 2005.
The issue is coming back to the City Council at this time because a new interlocal agreement is
necessary to implement the plan. The agreement is attached as Item G-4b. The new agreement would
cover a nine-year period. The agreement will be retroactive to January 1, 2007 because the requisite
initial nine jurisdictions have already approved it pursuant to section 3. Under the agreement each of the
ITEM G-4a
27 member jurisdictions would share in the cost of the Service Provider team, which comprises five to
ten staff members. The annual process of approving the Service Provider's operating budget and the
cost sharing between the members is stipulated in section 4.2.1 of the agreement. The Cost Share
table is attached as Item G-4c. It uses the variables of total assessed valuation, land area, and
population as factors in arriving at the assessment for each individual jurisdiction. For Medina the
annual assessment would be $2,764. The agreement calls for a reexamination of these calculations
every three years.
While the plan stresses that the science is evolving and that strategies will have to adapt to the results of
monitoring, it does identify three categories of conservation actions: 1) land use, planning, and
infrastructure, 2) site -specific habitat protection, and 3) public outreach and education. Site -specific
projects are not proposed for Medina because Medina's shoreline is almost entirely single-family
residential and plays a migratory role. Furthermore, the direction of the plan is to make all of the land
use / infrastructure actions voluntary. Public outreach actions, of course, do not involve any loss of
development rights. In conclusion, the proposed plan does not represent a significant encumbrance for
Medina or its citizens.
From a liability standpoint, it appears that support for the WRIA 8 plan is the best action for the City. The
Federal Environmental Protection Agency has not produced any other type of model ordinance to give
local governmental jurisdictions a clear route to ESA compliance. Chapter 8 of the plan — Expectations
and Commitments for Plan Implementation -- discusses the hypothetical process of a local government
jurisdiction committing to certain conservation actions in exchange for indemnity from the federal
government. While this is an attractive idea, the chapter makes it clear that no such agreements have
been made by the federal agencies.
The City Attorney has read and approved the agreement.
Page 2
ITEM G- 4b
1 INTERLOCAL AGREEMENT
2 For the Watershed Basins within Water Resource Inventory Area 8
3
4 PREAMBLE
5 THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 RCW by and
6 among the eligible county and city governments signing this agreement that are located in King
7 and Snohomish Counties, lying wholly or partially within the management area of Watershed
8 Resource Inventory Area ("WRIA") 8, which includes all or portions of the Lake Washington,
9 Cedar, and Sammamish basins, all political subdivisions of the State of Washington (individually
10 for those signing this Agreement "party" and collectively "parties"). The parties share interests in
11 and responsibility for addressing long-term watershed planning and conservation for the
12 watershed basins in WRIA 8 and wish to provide for funding and implementation of various
13 activities and projects therein.
14 MUTUAL CONVENANTS AND AGREEMENTS
15 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
16 provided for below:
17 1.1. ELIGIBLE JURISDICTIONS: The governments eligible for participation in this Agreement
18 as parties are the Counties of King and Snohomish, and the Cities of Bellevue, Bothell,
19 Brier, Clyde Hill, Edmonds, Everett, Issaquah, Kenmore, Kent, Kirkland, Lake Forest
20 Park, Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace,
21 Mukilteo, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville,
22 and Woodway and the Towns of Beaux Arts, Hunts Point and Yarrow Point.
23 1.2. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council
24 created herein is the governing body responsible for implementing this Agreement and is
25 comprised of members who are designated representatives of eligible jurisdictions who
26 have authorized the execution of and become parties to this Agreement. In addition, the
27 WRIA 8 Salmon Recovery Council includes members who are not representatives of
28 the parties and are comprised of a balance of stakeholder representatives and any other
29 persons who are deemed by the parties to this Agreement to be appropriate for the
30 implementation and adaptive management of the WRIA 8 Plan. The appointed
31 representatives of parties will appoint the members who are not representing parties,
32 using the voting provisions of Section 5 of this Agreement.
33 1.3. LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED (WRIA 8) CHINOOK
34 SALMON CONSERVATION PLAN, JULY 2005: WRIA 8 Plan as referred to herein is
35 the three volume document developed in partnership with stakeholder representatives
36 and ratified by the parties to this Agreement for the purposes of preserving, protecting,
1 Final WRIA 8 ILA 2007-2015 August 1, 2006
37 and restoring habitat with the intent to recover listed species, including sustainable,
38 genetically diverse, harvestable populations of naturally spawning Chinook salmon.
39 1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists
40 of five (5) elected officials or their designees which elected officials are chosen by the
41 party members of the WRIA 8 Salmon Recovery Council, according to the voting
42 procedures in Section 5, and charged with staff oversight and administrative duties on the
43 WRIA 8 Salmon Recovery Council's behalf.
44 1.5 SERVICE PROVIDER(S): Service Provider(s), as used herein, means that agency,
45 government, consultant or other entity which supplies staffing or other resources to and
46 for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service
47 Provider(s) may be a party to this Agreement.
48 1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government who performs
49 all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in
50 accordance with the requirements of Chapter 39.34 RCW.
51 1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within the
52 WRIA who reflect the diverse interests integral for planning, implementation, and
53 adaptive management for the recovery of the listed species under the Endangered
54 Species Act, which may include but are not limited to environmental and business
55 interests.
56 2. PURPOSES. The purposes of this Agreement include the following:
57 2.1 To provide a mechanism and governance structure for the implementation and adaptive
58 management of the implementation of the WRIA 8 Plan and to share the cost of the
59 WRIA 8 Service Provider team to coordinate and provide the services necessary for the
60 successful implementation and management of the WRIA 8 Plan. The maximum
61 financial or resource obligation of any participating eligible jurisdiction under this
62 Agreement shall be limited to its share of the cost of the Service Provider staff and
63 associated operating costs.
64 2.2 To provide a mechanism for securing technical assistance and any available funding from
65 state agencies or other sources.
66 2.3 To provide a mechanism for the implementation of other habitat, water quality and flood
67 projects with regional, state, federal and non-profit funds as may be contributed to the
68 WRIA 8 Salmon Recovery Council.
69 2.4 To provide a framework for cooperation and coordination among the parties on issues
70 relating to the implementation and management of the implementation of the WRIA 8
71 Plan or to meet the requirement or a commitment by any party to participate in WRIA-
72 based or watershed basin planning in response to any state or federal law which may
2 Final WRIA 8 ILA August 1, 2006
73 require such participation as a condition of any funding, permitting or other program of
74 state or federal agencies, at the discretion of such party to this Agreement.
75 2.5 To develop and articulate WRIA-based positions on salmon habitat, conservation and
76 funding to state and federal legislators.
77 2.6 To provide for the ongoing participation of citizens and other stakeholders in such efforts
78 and to ensure continued public outreach efforts to educate and garner support for current
79 and future ESA efforts.
80 It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
81 authority or role of any individual jurisdiction or water quality policy bodies such as the Regional
82 Water Quality Committee.
83 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on January 1, 2007
84 provided it has been signed by that date by at least nine (9) of the eligible jurisdictions within
85 WRIA 8 representing at least seventy per cent (70%) of the affected population, as authorized by
86 each jurisdiction's legislative body, and further provided that after such signatures this Agreement
87 has been filed by King County and Snohomish County in accordance with the terms of RCW
88 39.34.040 and .200. This agreement in conjunction with the ILA Extension of 2006 reflects the
89 ten-year timeframe of the priority actions identified in the WRIA 8 Plan Start -List. The ILA
90 Extension of 2006 provides the mechanism and governance structure for year -one of
91 implementation. This Agreement provides the mechanism and governance structure for the
92 subsequent years of implementation of the Start -List Chapter of the WRIA 8 Plan. Once
93 effective, this Agreement shall remain in effect for a term of nine (9) years; provided, however,
94 that this Agreement may be extended for such additional terms as the parties may agree to in
95 writing, with such extension being effective upon its execution by at least nine (9) of the eligible
96 jurisdictions within WRIA 8 representing at least seventy per cent (70%) of the affected
97 population,.
98 4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties to
99 this Agreement hereby establish a governing body for WRIA 8 and the Lake Washington -Cedar
100 and Sammamish watershed basins and associated Puget Sound drainages (hereinafter the
101 "WRIA 8 Salmon Recovery Council' the precise boundaries of which are established in Chapter
102 173-500 WAC, or as determined by the WRIA 8 Salmon Recovery Councin to serve as the
103 formal governance structure for carrying out the purposes of this Agreement in partnership with
104 non-party members. Each party to this agreement shall appoint one (1) elected official to serve
105 as its representative on the WRIA 8 Salmon Recovery Council. The WRIA 8 Salmon Recovery
106 Council is a voluntary association of the county and city governments located wholly or partially
107 within the management area of WRIA 8 and the Lake Washington -Cedar and Sammamish
108 watershed basins and associated Puget Sound drainages who choose to be parties to this
3 Final WRIA 8 ILA August 1, 2006
109 Agreement. Representatives from stakeholder entities who are selected under the voting
110 provisions of Section 5.2 of this agreement are also part of this association.
111 4.1 Upon the effective execution of this agreement and the appointment of representatives to
112 the WRIA 8 Salmon Recovery Council, the party members of the WRIA 8 Salmon
113 Recovery Council shall meet and choose from among its members, according to the
114 voting provisions of Section 5, five (5) elected officials or their designees, to serve as a
115 Management Committee to oversee and direct the funds and personnel contributed
116 under this Agreement, in accordance with the adopted annual budget and such other
117 directions as may be provided by the party members of the WRIA 8 Salmon Recovery
118 Council. Representatives of the Fiscal Agent and Service Provider may serve as non-
119 voting ex officio members thereof. The Management Committee shall act as an
120 executive subcommittee of the WRIA 8 Salmon Recovery Council, responsible for
121 oversight and evaluation of any Service Providers or consultants, for administration of
122 the budget, and for providing recommendations on administrative matters to the WRIA 8
123 Salmon Recovery Council for action, consistent with the other subsections of this
124 section.
125 4.1.1 It is contemplated that services to the WRIA 8 Salmon Recovery Council for
126 the term of this agreement shall be provided by King County Department of
127 Natural Resources which shall be the primary Service Provider unless the party
128 members pursuant to the voting provisions of Section 5 choose another primary
129 Service Provider. The Management Committee shall prepare a Memorandum
130 of Understanding to be signed by an authorized representative of King County
131 and an authorized representative of WRIA 8, which shall set out the expectations
132 for services to be provided. Services should include, without limitation,
133 identification of and job descriptions for dedicated staff in increments no smaller
134 than .5 FTE, description of any supervisory role retained by the Service
135 Provider over any staff performing services under this Agreement, and a method
136 of regular consultation between the Service Provider and the Management
137 Committee concerning the performance of services hereunder.
138 4.1.2 The Management Committee shall make recommendations to the party
139 members of the WRIA 8 Salmon Recovery Council for action, including
140 decisions related to work program, staffing and service agreements, and budget
141 and financial operations, for each year of this Agreement. All duties of the
142 Management Committee shall be established by the party members of the
143 WRIA 8 Salmon Recovery Council.
144 4.2 The party members of the WRIA 8 Salmon Recovery Council shall have the authority
145 and mandate to establish and adopt the following:
4 Final WRIA 8 ILA August 1, 2006
146 4.2.1 By September 1 of each year, establish and approve an annual budget,
147 establishing the level of funding and total resource obligations of the parties
148 which are to be allocated on a proportional basis based on the average of the
149 population, assessed valuation and area attributable to each party to the
150 Agreement, in accordance with the formula set forth in Exhibit A, which formula
151 shall be updated every third year by the WR/A 8 Salmon Recovery Council, as
152 more current data become available, and in accordance with Section 2.1.
153 4.2.2 Review and evaluate annually the duties to be assigned to the Management
154 Committee hereunder and the performance of the Fiscal Agent and Service
155 Provider(s) to this Agreement, and provide for whatever actions it deems
156 appropriate to ensure that quality services are efficiently, effectively and
157 responsibly delivered in the performance of the purposes of this Agreement. In
158 evaluating the performance of any Service Provider(s), of least every three (3)
159 years, the WR/A 8 Salmon Recovery Council shall retain an outside consultant
160 to perform a professional assessment of the work and services so provided.
161 Evaluations of the Service Provider(s) shall occur in years 3, 6, and 9 of the
162 Agreement, which correspond to years 4, 7, and 10 of the WR/A 8 Plan Start -List
163 timeline.
164 4.2.3 Oversee and administer the expenditure of budgeted funds and allocate the
165 utilization of resources contributed by each party or obtained from other sources
166 in accordance with an annual prioritized list of implementation and adaptive
167 management activities within the W RIA during each year of this Agreement.
168 4.3 The WR/A 8 Salmon Recovery Council through the primary Service Provider may
169 contract with similar watershed forum governing bodies or any other entities for any
170 lawful purpose related hereto, including specific functions and tasks which are initiated
171 and led by another party to this Agreement beyond the services provided by the primary
172 Service Provider. The parties may choose to create a separate legal or administrative
173 entity under applicable state law, including without limitation a nonprofit corporation or
174 general partnership, to accept private gifts, grants or financial contributions, or for any
175 other lawful purposes.
176 4.4 The party members of the WR/A 8 Salmon Recovery Council shall adopt other rules
177 and procedures that are consistent with its purposes as stated herein and are necessary
178 for its operation.
179 5. VOTING. The party members on the WR/A 8 Salmon Recovery Council shall make decisions,
180 approve scope of work, budget, priorities and any other actions necessary to carry out the
181 purposes of this Agreement as follows:
5 Final WRIA 8 ILA August 1, 2006
182 5.1 No action or binding decision will be taken by the WR/A 8 Salmon Recovery Council
183 without the presence of a quorum of active party members. A quorum exists if a majority
184 of the party members are present at the WR/A 8 Salmon Recovery Council meeting,
185 provided that positions left vacant on the WR/A 8 Salmon Recovery Council by parties
186 to this agreement shall not be included in calculating the quorum. In addition, positions
187 will be considered vacant on the third consecutive absence and shall not be included in
188 calculating a quorum until that time in which the party member is present. The voting
189 procedures provided for in 5.1.1 through 5.1.2 are conditioned upon there being a
190 quorum of the active party members present for any action or decision to be effective and
191 binding.
192 5.1.1 Decisions shall be made using a consensus model as much as possible. Each
193 party agrees to use its best efforts and exercise good faith in consensus
194 decision -making. Consensus may be reached by unanimous agreement of the
195 party members at the meeting, or by a majority recommendation agreed upon by
196 the active party members, with a minority report. Any party who does not accept
197 a majority decision may request weighted voting as set forth below.
198 5.1.2 In the event consensus cannot be achieved, as determined by rules and
199 procedures adopted by the WRlA 8 Salmon Recovery Council, the WR/A 8
200 Salmon Recovery Council shall take action on a dual -majority basis, as follows:
201 5.1.2.1 Each party, through its appointed representative, may cast its weighted
202 vote in connection with a proposed WR/A 8 Salmon Recovery Council
203 action.
204 5.1.2.2 The weighted vote of each party in relation to the weighted votes of each
205 of the other parties shall be determined by the percentage of the annual
206 contribution by each party set in accordance with Subsection 4.2.1 in the
207 year in which the vote is taken.
208 5.1.2.3 For any action subject to weighted voting to be deemed approved, an
209 affirmative vote must be cast by both a majority of the active party
210 members to this Agreement and by a majority of the weighted votes of
211 the active party members to this Agreement. No action shall be valid
212 and binding on the parties to this Agreement until it shall receive majority
213 of votes of both the total number of active party members to the
214 Agreement and of the active members representing a majority of the
215 annual budget contribution for the year in which the vote is taken. A vote
216 of abstention shall be recorded as a "no" vote.
217 5.2 The party members on the WR/A 8 Salmon Recovery Council may deem it appropriate
218 to appoint to the WR/A 8 Salmon Recovery Council non-party stakeholder
6 Final WRIA 8 ILA August 1, 2006
219 representatives and other persons who are appropriate for the implementation and
220 adaptive management of the WRIA 8 Plan.
221 5.2.1 Nomination of such non-party members may be made by any member of the
222 WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon
223 Recovery Council of such non-party members requires either consensus or dual
224 majority of party members as provided in Section 5.1.
225 5.2.2 The party members on the WRIA 8 Salmon Recovery Council may deem it
226 appropriate to allow non-party members to vote on particular WRIA 8 Salmon
227 Recovery Council decisions. The party members may determine which issues
228 are appropriate for non-party voting by either consensus or majority as provided
229 in Sections 5.1, except in the case where legislation requires non-party member
230 votes.
231 5.2.3 Decisions of the entire WRIA 8 Salmon Recovery Council, both party and non-
232 party members, shall be made using a consensus model as much as possible.
233 Voting of the entire WRIA 8 Salmon Recovery Council will be determined by
234 consensus or majority as provided in Sections 5.1 and a majority of the non-party
235 members.
236 6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN.
237 The WRIA 8 Plan shall be implemented with an adaptive management approach. Such an
238 approach anticipates updates and amendments to the WRIA 8 Plan. Such amendments to be
239 effective and binding must comply with the following provisions:
240 6.1 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8
241 Plan amendments prepared and recommended by the committees of the WRIA 8
242 Salmon Recovery Council within ninety (90) days of receipt of the plan amendments,
243 according to the voting procedures described in Section 5.
244 6.2 In the event that any amendments are not so approved, they shall be returned to the
245 committees of the WRIA 8 Salmon Recovery Council for further consideration and
246 amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for
247 decision.
248 6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery
249 Council, the plan amendments shall be referred to the parties to this Agreement for
250 ratification prior to the submission to any federal or state agency for further action.
251 Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance
252 of the jurisdiction's legislative body, by at least nine (9) jurisdictions within WRIA 8
253 representing at least seventy per cent (70%) of the total population of WRIA 8. Upon
254 ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8
255 Plan to any state or federal agency as may be required for further action.
7 Final WRIA 8 ILA August 1, 2006
256 6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments
257 thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further
258 consideration, the WRIA 8 Salmon Recovery Council shall conduct such further
259 consideration and may refer the plan or amendments to the committees of the WRIA 8
260 Salmon Recovery Council for recommendation on amendments thereto.
261 6.5 The parties agree that any amendments to the WRIA 8 Plan shall not be forwarded
262 separately by any of them to any state or federal agency unless it has been approved
263 and ratified as provided herein.
264 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES.
265 7.1 Each party shall be responsible for meeting its financial obligations hereunder as
266 described in Section 2.1 and established in the annual budget adopted by the WRIA 8
267 Salmon Recovery Council under this Agreement and described in Section 4.2.1.
268 The maximum funding responsibilities imposed upon the parties during the first year of
269 this Agreement shall not exceed the amounts set forth in Exhibit A, which shall be
270 updated every third year as described in Section 4.2.1.
271 7.2 No later than September 1 of each year of this Agreement, the WRIA 8 Salmon
272 Recovery Council shall adopt a budget, including its overhead and administrative costs,
273 for the following calendar year. The budget shall propose the level of funding and other
274 (e.g. staffing) responsibilities of the individual parties for the following calendar year and
275 shall propose the levels of funding and resources to be allocated to specific prioritized
276 implementation and adaptive management activities within the WRIA. The parties shall
277 thereafter take whatever separate legislative or other actions that may be necessary to
278 timely address such individual responsibilities under the proposed budget, and shall have
279 done so no later than December 1 st of each such year.
280 7.3 Funds collected from the parties or other sources on behalf of the WRIA 8 Salmon
281 Recovery Council shall be maintained in a special fund by King County as Fiscal Agent
282 and as ex officio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant
283 to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery
284 Council. Such rules and procedures shall set out billing practices and collection
285 procedures and any other procedures as may be necessary to provide for its efficient
286 administration and operation. Any party to this Agreement may inspect and review all
287 records maintained in connection with such fund at any reasonable time.
288 8. LATECOMERS. A county or city government in King or Snohomish County lying wholly or
289 partially within the management area of WRIA 8 and the Lake Washington -Cedar and
290 Sammamish watershed basins and adjacent Puget Sound drainages which has not become a
291 party to this Agreement within twelve (12) months of the effective date of this Agreement may
292 become a party only with the written consent of all the parties. The provisions of Section 5
8 Final WRIA 8 ILA August 1, 2006
293 otherwise governing decisions of the WR/A 8 Salmon Recovery Council shall not apply to
294 Section 8. The parties and the county or city seeking to become a party shall jointly determine
295 the terms and conditions under which the county or city may become a party. These terms and
296 conditions shall include payment by such county or,city to the parties of the amount determined
297 jointly by the parties and the county or city to represent such county or city's fair and
298 proportionate share of all costs associated with activities undertaken by the WR/A 8 Salmon
299 Recovery Council and the parties on its behalf as of the date the county or city becomes a party.
300 Any county or city that becomes a party pursuant to this section shall thereby assume the general
301 rights and responsibilities of all other parties to this Agreement.
302 9. TERMINATION. This Agreement may be terminated by any party, as to that party only, upon
303 sixty (60) days' written notice to the other parties. The terminating party shall remain fully
304 responsible for meeting all of its funding and other obligations through the end of the calendar
305 year in which such notice is given, together with any other costs that may have been incurred on
306 behalf of such terminating party up to the effective date of such termination. This Agreement may
307 be terminated at any time by the written agreement of all parties. It is expected that the makeup
308 of the parties to this Agreement may change from time to time. Regardless of any such changes,
309 the parties choosing not to exercise the right of termination shall each remain obligated to meet
310 their respective share of the obligations of the WR/A 8 Salmon Recovery Council as reflected in
311 the annual budget.
312 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the
313 limited purposes set forth in this agreement, each party shall protect, defend, hold harmless and
314 indemnify the other parties, their officers, elected officials, agents and employees, while acting
315 within the scope of their employment as such, from and against any and all claims (including
316 demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature
317 whatsoever) arising out of or in any way resulting from such party's own negligent acts or
318 omissions related to such party's participation and obligations under this agreement. Each party
319 agrees that its obligations under this subsection extend to any claim, demand and/or cause of
320 action brought by or on behalf of any of its employees or agents. For this purpose, each party, by
321 mutual negotiation, hereby waives, with respect to the other parties only, any immunity that would
322 otherwise be available against such claims under the industrial insurance act provisions of Title
323 51 RCW. The provisions of this subsection shall survive and continue to be applicable to parties
324 exercising the right of termination pursuant to Section 9.
325 11. NO ASSUMPTION OF LIABILITY. In no event do the parties to this Agreement intend to assume
326 any responsibility, risk or liability of any other party to this Agreement or otherwise with regard to
327 any party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
328 act, statute or regulation of any local municipality or government, the State of Washington or the
329 United States.
9 Final WRIA 8 ILA August 1, 2006
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
12. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed
that, in entering into this Agreement, no party is committing to adopt or implement any actions or
recommendations that may be contained in the WR/A 8 Plan pursuant to this Agreement.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the parties to this Agreement from choosing or agreeing to fund or implement any work,
activities or projects associated with any of the purposes hereunder by separate agreement or
action, provided that any such decision or agreement shall not impose any funding, participation
or other obligation of any kind on any party to this Agreement which is not a party to such
decision or agreement.
14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the non-party
members, NMFS, USFWS, any agency or department of the United States, or the State of
Washington, or to form the basis for any liability on the part of the WR/A 8 Salmon Recovery
Council or any of the parties, or their officers, elected officials, agents and employees, to any
third party.
15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
consent of the parties to this Agreement, represented by affirmative action by their legislative
bodies.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each party must
approve this Agreement before any representative of such party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish
County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of
Section 3 herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below:
Approved as to form:
Date:
10
TOWN OF BEAUX ARTS VILLAGE
Title:
Final WRIA 8 ILA
August 1, 2006
365
Approved as to form:
366
367
By:
368
369
Title:
370
371
Date:
372
373
374
Approved as to form:
375
376
By:
377
378
Title:
379
380
Date:
381
382
383
Approved as to form:
384
385
By:
386
387
Title:
388
389
Date:
390
391
392
Approved as to form:
393
394
By:
395
396
Title:
397
398
Date:
399
Ti
Title:
Date:
By:
Date:
e�
CITY OF BELLEVUE
CITY OF BOTHELL
CITY OF CLYDE HILL
CITY OF EDMONDS
11 Final WRIA 8 ILA August 1, 2006
399
Approved as to form:
400
401
By:
402
403
Title:
404
405
Date:
406
407
Approved as to form:
408
409
By:
410
411
Title:
412
413
Date:
414
415
416
Approved as to form:
417
418
By:
419
420
Title:
421
422
Date:
423
424
425
Approved as to form:
426
427
By:
428
429
Title:
430
431
Date:
432
0
Ti
Title:
Date:
In
Ti
Date:
3S
TOWN OF HUNTS POINT
CITY OF ISSAQUAH
CITY OF KENMORE
CITY OF KENT
12 Final WRIA 8 ILA August 1, 2006
432
Approved as to form:
433
434
By:
435
436
Title:
437
438
Date:
439
440
441
Approved as to form:
442
443
By:
444
445
Title:
446
447
Date:
448
449
450
Approved as to form:
451
452
By:
453
454
Title:
455
456
Date:
457
458
459
Approved as to form:
460
461
By:
462
463
Title:
464
465 Date:
466
By:
Date:
KING COUNTY
CITY OF KIRKLAND
CITY OF LAKE FOREST PARK
Title:
Date:
CITY OF MAPLE VALLEY
A
13 Final WRIA 8 ILA August 1, 2006
466
Approved as to form:
467
468
By:
469
470
Title:
471
472
Date:
473
474
475
Approved as to form:
476
477
By:
478
479
Title:
480
481
Date:
482
483
484
Approved as to form:
485
486
By:
487
488
Title:
489
490
Date:
491
492
493
Approved as to form:
494
495
By:
496
497
Title:
498
499
Date:
500
CITY OF MEDINA
91
Date:
CITY OF MERCER ISLAND
IR
Date:
CITY OF MILL CREEK
M
Date:
CITY OF MOUNTLAKE TERRACE
0
Date:
14 Final WRIA 8 ILA August 1, 2006
500
Approved as to form:
501
502
By:
503
504
Title:
505
506
Date:
507
508
509
Approved as to form:
510
511
By:
512
513
Title:
514
515
Date:
516
517
518
Approved as to form:
519
520
By:
521
522
Title:
523
524
Date:
525
526
527
Approved as to form:
528
529
By:
530
531
Title:
532
533
Date:
534
CITY OF MUKILTEO
By:
CITY OF NEWCASTLE
M
Date:
CITY OF REDMOND
a
CITY OF RENTON
By:
Date:
15 Final WRIA 8 ILA august 1, 2006
534
Approved as to form:
535
536
By:
537
538
Title:
539
540
Date:
541
542
543
Approved as to form:
544
545
By:
546
547
Title:
548
549
Date:
550
551
552
Approved as to form:
553
554
By:
555
556
Title:
557
558
Date:
559
560
561
Approved as to form:
562
563
By:
564
565
Title:
566
567
Date:
568
CITY OF SAMMAMISH
By:
Date:
CITY OF SEATTLE
By:
CITY OF SHORELINE
Date:
SNOHOMISH COUNTY
A
16 Final WRIA 8 ILA ,august 1, 2006
568
Approved as to form:
569
570
By:
571
572
Title:
573
574
Date:
575
576
Approved as to form:
577
578
579
By:
580
581
Title:
582
583
Date:
CITY OF WOODINVILLE
A
TOWN OF YARROW POINT
la
17 Final WRIA 8 ILA August 1, 2006
Y
O
co
Q
i
6WE
LJ
kV
O
Ltd
E4)
U N �
C_ U
co
C)
U
C C
m C
N
�y
Q .O O Mn Cc: d> a o Y o U
7
X> N N y O. £ U m N C N O E N 'o p a) O U C y
N "6 E 0 L 7 1'
L 9 C m C C O` Y Q 3 'O c E (0 0 E O .m..
a) a) O �' 3 2 N N C m m 0 N m N N m N L o m O "O = O O C O
mmmU2 NYYYY3zxa tw nw mw���cnF
M M (D co M N N w w N V V M 1- N O ti (o w w co O M
M_ N L0 r) (fl It m N 'It r' L0 O (D O CD L0 N M 7 M M M O O CO O (D
M
Co
r C (O (O 7n N N � N N N 7 0 O (M �_ L0 M t, O (D M co r- O
M O fn m (D fA Ln L0 V (V O dt Ol M L0 M (D L0 EA (D N L0 L0 (fl W
O
V Ef3 fA EH Eli CD El} 0) El3 69 c- Co 69 EA 09, Vl El) V' O
Eli Eli 69 61) Efi EA ER EA El} U)
O
LO
c c c c c c c c c c c c c c c c c c c c c c c c c c c c c
M r- O) M O O D O) N (D O 00 00 h 0 (D M O N (D - r- c? O) O
0 V
Q
O 00 �- CD �- O M CD CD CD O M NM (D M- O N--- M O
d
a1 �
N (V
L Q
d Q
0
Q
a
ccc0-1-1 cccccccocccccccccccc
O M N N 7 L0 M 7 00 M 00 M M M O to V f- 00 L0 N V M O O M O
O 0 O O N '- O M N CD O M N M N �- O �- O- N 00
tbtiMt0 WtD .--�0M+ + M+-i+-L n to M.-i lD* tD lD O)V tD nMM
O CO tO O r*l li [f N LA li C� V N N .-1 (O (D M M O) (l)
l0
d:
0 .-( LA .-y O +-E tD 0 V O M .-L tD V' tD .� I� m .-( m O to w V Ln L0
Ln(
y
Q
�
c c c c c c c c c c c c c c c c c c c c c c c c c c c o c
L0 M 00 LO W ti M M O M N O) M W O M N O
O O r- O O M O C. M O C N N (n M O O N O h 0
co O
Q
0Ll)000 tD 00 V Ole -i O O tD V N V tD"T NN 000)MOON O
O MOO O Ln mom m� OO CON 7O tDm MOOOM MID 0 to W
d
O O N C Ln CO S IliO O) N M IS M O Ll) V M tD CO O) M M ,--i Vi I-+ Lri ,
7
tD 00 D+--L m N O M m m N M+ti N M O m w Dw WOr 1, MN�N
nO(D NO[P co NLA O V'CO +�ntinN MLn. --i LA CO MO O)NOM
nllz C M t0 M O ti N V [Y LA M O Ln ld M +-i M L0 O N O lq M P') +-L 6
'6
N7 M Mti O n O N to N'T 0 M d' tD d' w 0 w tD O O V 7MO0�
w t0 M M N M M rl M N .-L O V M r It .--i M O M M M r, O (b .-i
N
VVkC CII tD OMlf ItD Vn IT V tD"Z OC +-1 to N M M NONMw V M
d
N .-i ift M N LA 1q ' N IO +-E (O Lr�N tO +Fvl- N Lf) N .-E N D (V
N Eli EH (R Ef} N Ef} ER fR tPr EH fR &� ER n ER {fr Eff Ht U} iif EPr 4 EA
r4 -6% V
fl}
U)
t!f EPr EfT
Q
cccccccccc-0—I cccccccccc -I 0
O CO CO N O V Un O N M O N N (D O) h M L0 0O +- (7) - Cl! O (M (D V 10 O
O 00 c- O O +- O M M- O O- O M M N N dt O O- M - -- O O
M - O
Li
M+-i O Ct tD tD M[t N 0MM+-(M -LM nMN OONN tD dT O
i�N0N LnV 0 M N to O O LO tD M N OV+ ON O)n+ M"M(D
0
NMID tD LAV M im NN W 0 M Mto V N O M M OO CO O ID+-iM
M tD O r, M
a,
M N N M O N M N N - O w N N N M O N
rl '-I ri t +-I N +-i 'IT d' M N N +-i +-1 M +-L N +-i M N
0
7
a
0
a_
U N
d a m
co
O
T C N C F-
N C_C ID N _
Q d = o L
-o o> N c £ c a d -o m m O o
a
03
7 O O N Q U m 0 0 C 3" O E� N 'o p N O U U N
O
3
iT ` Y 0- 'O � a C E m O E E
N m m N N N N N m N L O t6 o w= o O C 0
mmmU2 yYYYY����Z2�(gU)CO mwcor
%
�
c
�
e
CD -
cm c
m
0
U
�
L
\
j
/
j
M
e
/
j
E
_
■
E
§
\
b
\
\
w
§
�
®
°
)
\
c
_
S
G
/
%
,
)
o
a
c
ƒ
}
2
f
c
/
®
/
/
E
E
\
0
k
ƒ
k
f
®
$
15
/
3
=
\
a
/
'6
@
§
f
c
o
>
o
E
§
o
,
Ef
k
/
/
m
/
§
2
\
\
&
E
g
E
<
o
- ®
x
cc�
_
o
£
E
c
J
\
0/-
3
_
a
£
/
c
c
<
c
D=
ao
$
e
� @
c
'
c
'
@
t
0
2@
E
<
E«
f
2
@
£
a
E
=
>
z 2
k
k
o
,
+
n§
E_\
r/
j
e
2/�
®
2
)
4
I
=
E
o
§G
2
a
m
% 2
e
%
f
\
oe
8
t2E
/
\
k
?
°
7
®
§
$
CO
t
\
]
@
5
° °
±
-
2
e
a
z
7
s
o
L
c-
«_
a->>
,
z
b
0
4 E-
_
%
5
2
3
E
'
2«c
w
=
_
< °
2
$
,
2
@
0
}
o
0
0
o m
o
o
oa
E,$$
.
2c
o
=
>>
/
2
o
§
20&\
(k
§
8%
E
R
g\
7ƒ7
J<<//
o
e�
o
e
o
u
u
E
I
z
I--
40
Cl
C)
O
ti
C)
C4
CL
U-
ti
c
C:
(n
cn
a
cc
�a
a)
Q
ti
O
C)
C4
c
0
a
o)
0
ofei
fSk
4�
v
c
c5
rn
-Z5
(1)
y)
w
cn
—
'Z3
7
a)
0
cc
-2
fU
0
cc Za))
(D
(D
a)
E
,
:!
c
0
0-
IL
cu
0
c:
0
-8
0
-0
a
(D
-2
6�
a)
")
r- C
L)
U-
2 —
I—
>
m
_0
c
cc
2
0
=
f
r
-
0
:3 (D
cn E
o
co
E
t
z
B
=
—
LL
L)
o6 c
to EL
m
a)
(n
E
�:
a) E
o
CL o6
U)
U)
<1
3:1
2