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02-08-2010 - Agenda Packet
L 4 MEDINA, WASHINGTON CITY COUNCIL AGENDA MEDINA CITY HALL COUNCIL CHAMBERS MONDAY, FEBRUARY 8, 2010 6:30 PM MAYOR BRET JORDAN DEPUTY MAYOR SHAWN WHITNEY COUNCIL MEMBERS PATRICK BOYD DOUG DICHARRY JANIE LEE MARK NELSON KATIE PHELPS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA PRESENTATION CITY MANAGER DONNA HANSON CITY ATTORNEY STEVE VICTOR CITY CLERK RACHELBAKER 6:30PM P1: Washington State Department of Transportation: SR 520, 1-5 to Medina: Bridge Replacement and HOV Project Supplemental Draft Environmental Impact Statement PUBLIC COMMENTS At this time, citizens may address the City Council regarding any issue on the council agenda and any non -agenda items related to city business, excluding public hearings. To ensure equal opportunity for the public to comment, a speaker's comments shall be limited to three minutes per person, per meeting. Those who have service requests or complaints are encouraged to first bring such matters to the city manager for prompt attention and resolution. Council meetings are business meetings where City Council may hear from residents and take action on official City business. In order to accomplish all the business on the agenda and be respectful of everyone's time, Council Members will not be able to engage in dialogue with individual members of the audience. REPORTS AND ANNOUNCEMENTS RA-1: Mayor RA-2: Council RA-3: Advisory Boards/Commissions RA-4: City Manager/Staff (pp. 1-19) Medina City Hall • 501 Evergreen Point Road • Medina WA 98039 425-233-6400 phone • 425-454-8490 fax • www.medina-wa.gov CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA-1: Approval of January 11, 2010 City Council Regular Meeting Minutes (pp. 20-23) CA-2: Approval of February 3, 2010 City Council Special Meeting Minutes (pp. 24-25) CA-3: Approval of December 2009 Check Register (pp. 26-31) Claim check numbers 76204 through 76236, in the amount of $66,933.08 (Final check payments for December 2009.), and year end close balance forward check number 76237, in the amount of $225,265.65 (Deposited into City of Medina checking account on 1120110 to carry forward Fund 631 Non Revenue Trust Balance.). CA-4: Approval of January 2010 Check Register (pp. 32-38) Claim check numbers 76238 through 76289, in the amount of $164,225.61, and payroll check numbers 25992-26061 in the amount of $218,271.81. Voided payroll check numbers include: 26016, 26017, and 26062 which were not used (ruined by printer). CA-5: Approval of Vehicle Purchase for Public Works Department (p. 39) CA-6: Approval to Schedule a Public Hearing for March 8, 2010, for Proposed Code Amendment related to the Locating of Temporary City Government Facilities(pp. 40-42) CA-7: Confirmation of Personnel Committee's Recommendation to Planning Commission Position Number 4 (An unexpired term ending June 30, 2011.) (p. 43) CA-8: Accept November 16, 2009 Park Board Minutes (pp. 44-46) CA-9: Accept December 16, 2009 Planning Commission Minutes (pp. 47-48) CA-10:Accept November 18, 2009 Emergency Committee Minutes (pp. 49-50) PUBLIC HEARING PH-1: Proposed Code Enforcement Ordinance (pp. 51-92) OTHER BUSINESS OB-1: Proposed Code Enforcement Ordinance (pp. 51-92) OB-2: Proposed 2010 Planning Commission Work Plan (pp. 93-96) OB-3: Options for Temporary City Hall (pp. 97- 98) OB-4: Follow Up: Wireless Communication Coverage (pp. 99 -101) OB-5: Part 150 Noise Study Representation OB-6: Set Study Session Date to Review Council's Strategic Goals, Ground Rules, and Guidelines OB-7: Agenda Calendar (pp. 102-103) Medina City Council February 8, 2010 Page 2 EXECUTIVE SESSION ES-1: Pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party. ES-2: Pursuant to RCW 42.30.110 (1)(g) to review the performance of a public employee. ADJOURNMENT Next Regular Meeting - Monday, March 8, 2010; 6:30 pm. Medina City Council February 8, 2010 Page 3 MEDINA, WASHINGTON CITY COUNCIL AGENDA MEDINA CITY HALL COUNCIL CHAMBERS MONDAY, FEBRUARY 8, 2010 6:30 PM MAYOR CITY MANAGER BRET JORDAN DONNA HANSON DEPUTY MAYOR CITY ATTORNEY SHAWN WHITNEY STEVE VICTOR COUNCIL MEMBERS CITY CLERK PATRICK BOYD RACHEL BAKER DOUG DICHARRY JANIE LEE MARK NELSON KATIE PHELPS CALL TO ORDER 6:30PM ROLL CALL PLEDGE OF ALLEGIANCE 6:30 PM APPROVAL OF MEETING AGENDA PRESENTATION P1: Washington State Department of Transportation: SR 520, 1-5 to Medina: Bridge Replacement and HOV Project Supplemental Draft Environmental Impact Statement PUBLIC COMMENTS At this time, citizens may address the City Council regarding any issue on the council agenda and any non -agenda items related to city business, excluding public hearings. To ensure equal opportunity for the public to comment, a speaker's comments shall be limited to three minutes per person, per meeting. Those who have service requests or complaints are encouraged to first bring such matters to the city manager for prompt attention and resolution. Council meetings are business meetings where City Council may hear from residents and take action on official City business. In order to accomplish all the business on the agenda and be respectful of everyone's time, Council Members will not be able to engage in dialogue with individual members of the audience. REPORTS AND ANNOUNCEMENTS RA-1: Mayor RA-2: Council RA-3: Advisory Boards/Commissions RA-4: City Manager/Staff (pp. 1-19) Medina City Hall • 501 Evergreen Point Road • Medina WA 98039 425-233-6400 phone • 425-454-8490 fax • www.medina-wa.gov CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA-1: Approval of January 11, 2010 City Council Regular Meeting Minutes (pp. 20-23) CA-2: Approval of February 3, 2010 City Council Special Meeting Minutes (pp. 24-25) CA-3: Approval of December 2009 Check Register (pp. 26-31) Claim check numbers 76204 through 76236, in the amount of $66,933.08 (Final check payments for December 2009.), and year end close balance forward check number 76237, in the amount of $225,265.65 (Deposited into City of Medina checking account on 1120110 to carry forward Fund 631 Non Revenue Trust Balance.). CA-4: Approval of January 2010 Check Register (pp. 32-38) Claim check numbers 76238 through 76289, in the amount of $164,225.61, and payroll check numbers 25992-26061 in the amount of $212,758.38. Voided payroll check numbers include: 26016, 26017, and 26062 which were not used (ruined by printer). CA-5: Approval of Vehicle Purchase for Public Works Department (p. 39) CA-6: Approval to Schedule a Public Hearing for March 8, 2010, for Proposed Code Amendment related to the Locating of Temporary City Government Facilities(pp. 40-42) CA-7: Confirmation of Personnel Committee's Recommendation to Planning Commission Position Number 4 (An unexpired term ending June 30, 2011.) (p. 43) CA-8: Accept November 16, 2009 Park Board Minutes (pp. 44-46) CA-9: Accept December 16, 2009 Planning Commission Minutes (pp. 47-48) CA-10:Accept November 18, 2009 Emergency Committee Minutes (pp. 49-50) PUBLIC HEARING PH-1: Proposed Code Enforcement Ordinance (pp. 51-92) OTHER BUSINESS OB-1: Proposed Code Enforcement Ordinance (pp. 51-92) OB-2: Proposed 2010 Planning Commission Work Plan (pp. 93-96) OB-3: Options for Temporary City Hall (pp. 97- 98) OB-4: Follow Up: Wireless Communication Coverage (pp. 99 -1o1) OB-5: Part 150 Noise Study Representation OB-6: Set Study Session Date to Review Council's Strategic Goals, Ground Rules, and Guidelines OB-7: Agenda Calendar (pp. 1o2-1o3) Medina City Council February 8, 2010 Page 2 EXECUTIVE SESSION ES-1: Pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party. ES-2: Pursuant to RCW 42.30.110 (1)(g) to review the performance of a public employee. ADJOURNMENT Next Regular Meeting - Monday, March 8, 2010; 6:30 pm. Medina City Council February 8, 2010 Page 3 CITY OF MEDINA Office of the City Manager Date February 8, 2010 To: Mayor and Cit Council From: Donna HanCity Manager Subject: City Manager Report We have added the latest approved Board, Committee, and Commission minutes to the Consent Agenda on the February 8th Council agenda. When the Council approves the consent agenda they will just be accepting the approved minutes from each of the groups along with the other items listed. This was simply the most efficient way to list the minutes without further action. We also added the two items requested from the retreat to Council Business 2. This week we have completed additional review of the drawings for the remodel with all city hall staff. Police department and IT staff reviewed the drawings for the first floor and made changes outlined in the Public Works Report. Front office staff reviewed the drawings for the main floor front office area and provided input for the open office and front counter space. The architects and engineers are completing this phase of their work and will be obtaining more detailed estimates. The schedule right now will be to bring drawings back to City Council at regular meeting on March 8th 3. On January 7th Chief Chen, Kris Finnigan, and I met with Deputy Fire Chief, Warren Merritt of the Bellevue Fire Department and Luke Meyers, Emergency Preparedness Manager for the City of Bellevue along with Mitch Wasserman and Chief Archer from the City of Clyde Hill to discuss our communication and coordination of services during emergencies. The information from the Bellevue was very informative related to their mutual aid agreements with other fire departments and how Bellevue deploys its resources from each of nine fire stations during emergencies. Warren and Luke then attended our Emergency Preparedness Volunteer Committee meeting on January 20th and provided much of the same information to the committee members. Based on the information shared at these meetings, there are several areas we will be emphasizing in the future. The first will be to remind residents to make sure they have working smoke detectors. The Fire Department representative reported that the fire fatalities that have occurred in Bellevue probably could have been prevented had there been working smoke detectors. 4. The extension of the King County jail services agreement was originally negotiated to be extended through 2015 with approval by February 1, 2010. However, Diane Carlson of Bellevue informed us that the North/East Cities (NEC) planning cities (Seattle, Kirkland, Shoreline, Redmond and Bellevue) will not have the agreement approved by February 1 t Last fall, the County shifted staff resources to address South County flooding issues and stopped jail planning. As a result of the county delay in jail planning, the NEC jail planning efforts and the current EIS process indicate that the earliest that a new NEC or NEC/KC jail could be constructed and operational would be in 2016. Therefore, there is a gap of one-year between the end of the extension agreement, end of 2015, Page 1 of 103 and the time that a new jail could be constructed in 2016. NEC cities communicated concern about this issue with County administration. From communications with the Executive's office, we understand the Executive will be providing a response, and will recommend the jail services agreement be extended through 2016 to allow for regional jail planning with cities. NEC cities have suggested cities delay consideration of the agreement until there is further information from King County. 5. We will be presenting more detailed information on community outreach for the transition to more electronic information to residents through "Govdelivery." But to keep the information in the packet I will repeat signup instructions that we provided last month. As you recall, this is a "digital subscription management" system that automatically sends email and wireless alerts to keep citizens informed when new information is available on topics of interest. Information can range from newsletters to special events and notices. The subscriber chooses what information they wish to receive. By moving to an electronic format, we can provide more information, on more issues, on a timely basis, at a fraction of the cost of printed material. If Council or anyone reading this subscribes, you can tell your neighbors and friends how it works. Anyone can set up a personal profile and receive the information they want. Here's how you subscribe. Go to www.medina-wa.gov and click under "E-Notice Program." Fill in the information requested and you are good to go. We will also maintain a regular mailing list for those who wish to continue to receive their newsletter through the regular mail. Page 2 of 103 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY JANUARY, 2010 Police Chief Jeffrey Chen FELONY CRIMES ES Fraud (ID Theft) 2010-0000223 01/17/10 900 block of 881h Ave NE Victim reported charges were made on a credit card account by an unknown person through an on-line store. All charges were used to buy golfing equipment. Investigation is pending. Theft 2010-000296 01/26/10 8800 block of Overlake Dr W Medina officer responded to a report of theft of several items of jewelry, electronic equipment and clothing. Victim stated a member of their family had a party and invited several guests that had friends joining them on 1/26/10. Investigation is pending. Total estimated loss: $7,000 MISDEMEANOR CliIMI"s No significant misdemeanor incidents occurred in January. Civil Dispute (DV) 2010-000110 01/10/10 900 block of 88�h Ave NE Medina officer responded to a civil dispute and was contacted by both reporting parties. One of the subjects would not leave the residence. After separating both parties, Medina officer determined the issue was shared property and had to be handled in court. Both parties understood and one left the property. Stalking (DV) 2010-000201 01/17/10 3000 block of Evergreen Point Rd Resident called for an officer stating she was afraid to go home and was fearful her ex- husband was stalking her. Medina officer escorted her home and checked the area to make sure no one was there waiting for her. She was advised to call immediately if she felt her safety was in danger. Page 3 of 103 HUNTS POINT MONTHLY SUMMARY JANUARY, 2010 FELONY CRIMES No significant felony incidents occurred during the month of January. MISDEMEANOR CRIMES No significant misdemeanor incidents occurred during the month of January Page 4 of 103 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report City of Medina 2010 Felony Crimes January YTD 2010 2010 Assault, Aggravated 0 0 Robbery 0 0 Sexual Assault/Rape 0 0 Burglary (inc Attempt) 0 0 Drug Violations 0 0 Fraud (ID Theft) 1 1 Vehicle Prowl 0 0 Theft (over $250) 1 1 Malicious Mischief 0 0 Arson 0 0 Auto Theft (inc Recovery) 0 0 Poss Stolen Property 0 0 Other 0 0 TOTAL 2 2' Misdeameanor January YTD Crimes 2010 2010 Assault, Simple 0 0 Malicious Mischief 0 0 Vehicle Prowl 0 0 Theft (Under $250) 0 0 Domestic Violence 0 0 Minor in Possession 0 0 Drug Violations 3 3 Poss Stolen Property 0 0 Total 3 3 YTD 2009 0 0 0 1 0 2 1 0 0 0 0 1 0 5 Year End 2009' 0 0 0 11 0 14 7 9 6 0 4 2 0 53 YTD Year End 2009 2009 1 2 0 5 3 15 0 5 0 4 0 5 2 10 0 1 6 46 Page 5 of 103 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Aggravated 0 0 Robbery 0 0 Sexual Assault/Rape 0 0 Burglary (inc Attempt; 0 0 Drug Violations 0 0 Fraud (ID Theft) 1 1 Vehicle Prowl 0 0 Theft (over $250) 1 1 Malicious Mischief 0 0 Arson 0 0 Auto/Boat Theft 0 0 Poss Stolen Property 0 0 Other 0 0 TOTAL'` 2 0 0 0 0 0 0 0 0 0 0 0 2 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 Malicious Mischief 0 0 Vehicle Prowl 0 0 Theft (Under $250) 0 0 Domestic Violence 0 0 Minor in Possession 0 0 Drug Violations 3 3 Poss Stolen Property 0 0 Total 6 0 0 0 0 0 0 0 0 0 0 0 3 Page 6 of 103 Afinwomb MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police ip Monthly Activity Report City of Medina 2010 Traffic January YTD YTD Year End ACCIDENTS 2010 2010 2009 2009 Injury 0 0 0 0 Non -Injury 1 1 1 11 TOTAL 1 1 1 11 Traffic January YTD YTD Year End CITATIONS 2010 2010 2009 2009 Driving Under Influence 8 8 8 68 *Other 14 14 20 163 Total 22 22 28 231 Traffic January YTD YTD Year End INFRACTIONS 2010 2010 2009 2009 Speeding 23 23 16 136 Parking 4 4 3 83 **Other 18 18 32 274 Total 45 '` 45 51 493 January YTD YTD Year End WARNINGS ' 2010 2010 2009 " 2009 Total 70 70 86 872 January YTD YTD Year End CALLS FOR SERVICE 2010 2010 2009 2009 House Watch 15 15 24 420 False Alarms 17 17 22 361 Assists 19 19 50 342 Suspicious Circumstances 11 11 17 159 Property-Found/Lost 0 0 1 9 Animal Complaints 3 3 1 41 Missing Person 0 0 0 2 Warrant Arrests 4 4 6 63 ***Other 2 2 0 9 Total 71 71 121 1406' *DWLS; Fail to Transfer Title; No License **Expired Tabs; No insurance; Fail to stop; Defective Equipment ***Verbal Domestic; Vandalism; Civil Dispute; Disturbance Page 7 of 103 11L E Traffic Accidents' Injury Non -Injury TOTAL 1 0 Traffic Jan F 0 1 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT City of Medina 2010 Fe Mar Apr May Jun Jul' Aug ,Sep' Oct Nov Dec Total 0 1 0 0 0 0 0 0 0 0 0 0 1 Citations Jan Feb Mar AprMay Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 8 8 Other 14 14 Total 22 0 0 0 0 0 0 0 0 0 0 0 22 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 23 23 Parking 4 4 Other 18 18 Total 45 0 0 0 0 0 0 0 0 0 0 0' 45 Warnings: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 70 70 Calls for Service Jan ` Feb Mar Apr May Jun Jul Aug Sep Oct Nov House Watch 15 False Alarms 17 Assists 19 Suspicious Circumstance 11 Property-Found/Lost 0 Animal Complaints 3 Missing Person 0 Warrant Arrests 4 Other 2 Total 71 0 0 0 0 0 0 0 0 0 0 Dec Total 15 17 19 11 0 3 0 4 2 0 71 Page 8 of 103 TOWN 0 Hunts Point. MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report Town of Hunts Point 2010 Felony Crimes" January YTD YTD'` Year End 2010 2010 2009 2009 Burglary 0 0 0 0 Forgery (Identity Theft) 0 0 0 0 Vehicle Prowl 0 0 0 1 Theft (over $250) 0 0 0 2 Possession Stolen Prop 0 0 0 0 Drug Violation 0 0 0 0 Auto/Boat Theft 0 0 0 0 TOTAL 0 0 0 3 Misdeameanor January YTD YTD Crimes 2010 2010 2009 Assault, Simple 0 0 0 Malicious Mischief 0 0 0 Vehicle Prowl 0 0 1 Theft (Under $250) 0 0 0 Possession Stolen Prop 0 0 0 Domestic Violence 0 0 0 Minor in Possession 0 0 0 Drug Violations 0 0 0 Total 0 0 1 Year End 2009 0 1 1 0 0 0 0 4 6 Page 9 of 103 s Town of Hunts Point �.:�' Felony Crimes Burglary Forgery (Identity) Vehicle Prowl Theft (over $250) Poss Stolen Prop Drug Violation Auto/Boat Theft TOTAL MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Yearly Activity Report Town of Hunts Point 2010 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0- 0 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total` Assault, Simple 0 0 Malicious Mischief 0 0 Vehicle Prowl 0 0 Theft (Under $250) 0 0 Poss Stolen Prop 0 0 Domestic Violence 0 0 Minor in Possession 0 0 Drug Violations 0 0 Total 00 0 0 0 0 0 0 0 0 0 0 0 Page 10 of 103 MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police Monthly Activity Report ort Runts . Hunts Point Pint 2010 Traffic January YTD YTD Year End CITATIONS 2010 2010 2009 2009 Driving Under Influence 1 1 0 11 Accidents 0 0 0 3 *Other 1 1 0 34 Total 2 2 0 ` 48 Traffic January YTD YTD Year End INFRACTIONS 2010 2010 2009 2009 Speeding 0 0 0 0 Parking 0 0 0 1 **Other 16 16 29 267 Total 16 16 29 268 January YTD YTD Year End WARNINGS 2010 2010 2009 2009 Total 12 12 12 178 January YTD YTD Year End CALLSFOR SERVICE 2010 2010 2009 2009 House Watch 3 3 1 29 False Alarms 5 5 3 46 Assists 3 3 5 46 Suspicious Circumstances 1 1 3 25 Property-Lost/Found 0 0 0 0 Animal Complaints 0 0 0 3 Missing Person 0 0 0 0 Warrant Arrests 0 0 1 0 ***Other 0 0 0 8 Total 12 12 13 157 *DWLS; Fail to Transfer Title;No License **Expired Tabs; No insurance;Fail to stop;Defective Equipment ***Verbal Domestic; Harassment;Civil Dispute; Trespass Page 11 of 103 h} MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT Hunh PoetHUNTS POINT 2010 Traffic Citations Jan Feb Mar Apr ; May Jun "Jul Aug Sep Oct Nov Dec Total Driving Under Influence 1 1 Accidents 0 0 Other 1 1 Total 2 0 0 0 0 0 0 0 0 0 0 0 2 Traffic Infractions Jan . Feb Mar Apr May > Jun Jul ,;Aug Sep Oct' Nov Dec Total Speeding 0 0 Parking 0 0 Other 16 16 Total 16 0 0 0 0 0 0 0 0 0 0 0 16 Warnings Jan Feb Mar Apr May '' Jun Jul Aug Sep Oct 'Nov Dec Total Total 12 12 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 3 3 False Alarms 5 5 Assists 3 3 Suspicious Circumstances 1 1 Property-Lost/Found 0 0 Animal Complaints 0 0 Missing Person 0 0 Warrant Arrests 0 0 Other 0 0 Total 12 0 0 0 0 0 0 0 0 0 0 0 12 Page 12 of 103 CITY OF MEDINA Office of the City Manager February 8, 2010 To: Mayor and City Council Via: Donna Hanson, City Manager From: Robert J. Grumbach, AICP, Director of Development Services Subject: Monthly Development Services Department Report Planning Commission Meeting Recap: The planning commission held their first meeting of the year on January 26. Judie O'Brien was re-elected as the chair and Jeff Price was elected as the vice chair. The planning commission completed work on drafting its 2010 work program and forwarded its recommendation to the city council. Discussion continued on code amendments related to permit procedures and a draft of procedures for legislative actions was added to the discussion. Finally, the planning commission discussed a staff -initiated code amendment related to the temporary location of city hall. After discussing the matter, the planning commission voted to forward a recommendation to the city council. Hearing Examiner Decisions: None Land Use Administrative Decisions: • Temporary Noise Variance (File No. 1190). Approved, subject to conditions, to perform electrical work on two sign structures WSDOT installed along SR 520 for the purposes of congestion management. The signs are part of the "Moving Washington" program and will post messages and variable speed limits. Land Use Decisions Issued For 2010: Type of Decision 2010 YTD Variances/ Minor Deviations 1 SEPA 0 Conditional Uses/ Special Uses 0 Substantial Development Permit 0 Lot Line Adjustments 0 Short Subdivisions 0 Site Plan Reviews 0 Wireless Facilities 0 Page 13 of 103 Land Use Applications Received in January: Case Number Description of Permit Location None Building/ ROW Permit Applications Received — January 1 through January 31, 2010: Building Permits: 6 Grading/ Drainage 1 Demolition Permits: 0 Fence: 1 Mechanical: 1 Reroof: 1 Fire Sprinkler: 0 Right-of-wav Permits 4 Building Permits Issued in December 2009: See Attached. Other Items of Interest: Citizen Requests for Regulations: From time -to -time, city staff receives requests from residents for changes to the Medina Municipal Code to address particular situations. Two recent requests involved the following: NIGHTTIME DELIVERIES. The City received a complaint from a resident about refrigeration trucks making "Amazon Fresh" deliveries between 2:00 a.m. and 4:00 a.m. in the morning. The resident would like an ordinance adopted prohibiting these types of deliveries from occurring during nighttime hours. Staff Analysis: It would be difficult to craft an ordinance prohibiting deliveries without having some unintended consequence. One alternative might be limiting the hours certain classes of bigger trucks can operate on City streets. However, the issue with nighttime deliveries does not appear to be a city-wide problem. Most complaints involving deliveries are construction related, which the City has existing regulations (MMC 8.06.030). City staff recommends monitoring the situation and address the issue by ordinance only if it becomes a city-wide problem. GRAFFITI. The City received a complaint from a resident about the condition of a neighboring property. According to the resident, the home is unoccupied and the graffiti image to the right was sprayed on the house. The neighbor has yet to remove the graffiti. The resident believes the graffiti is negatively affecting the value of their home. The resident would like to see an anti -graffiti ordinance adopted. Page 14 of 103 Staff Analysis: Many jurisdictions have adopted anti -graffiti ordinances. The ordinances are primarily intended to protect property values. However, these ordinances must be carefully crafted in order to properly define the conduct that the ordinance is prohibiting and to avoid legal challenges based on alleged over -breadth or vagueness of the ordinance. Enforcement of an anti -graffiti ordinance, like most enforcement actions, can be complex and time consuming. The removal burden often falls on the property owner or the local government through a public nuisance abatement action. Problems with graffiti appear to be a rare occurrence in Medina. Given current priorities and resources, City staff recommends monitoring the situation and address this issue by ordinance only if it becomes a city-wide problem. It is worth noting that the resident has an option of seeking legal counsel and pursing a private nuisance action. Appeal of Interpretation: The City issued an important interpretation of the zoning code related to the location of accessory buildings and parking. The interpretation was in response to a resident's request to construct a 1,080 square foot garden building and a 2,109 square foot auto court on a vacant parcel next to the property owner's primary residence. The City concluded that the zoning code requires accessory buildings and off-street parking to be located on the same parcel as the owner's primary single-family dwelling. The resident, through their attorney, has filed an appeal to the hearing examiner regarding the City's interpretation. Shoreline Master Program Update: The City of Medina was awarded a $125,000 grant to update its shoreline master program to meet the state's 2003 shoreline master program guidelines. At the January 11 regular city council meeting, a public participation plan was approved. A public open house is tentatively being planned for March to kick-off the public participation segment of the program. The City plans to mail notice inviting all residents to attend. Following the open house, City staff will follow up with the City Council regarding formation of a Citizen Advisory Committee to provide advice in drafting a new shoreline master program. SR 520 Bridge Replacement Supplemental Draft EIS: The state has issued a Supplemental Draft Environmental Impact Statement for the SR 520 Bridge Replacement and HOV program. The Supplemental EIS builds upon the EIS that was issued in 2006. The public has an opportunity to comment on the document with comments due by March 8, 2010. WSDOT has scheduled an environmental hearing and public open house for February 23, 2010, at the Lake Union Park Naval Reserve Building in Seattle. The City placed a link on its website to the SR 520 website for residents wanting more information. Changes to SR 520 Maintenance Dock & Facility: The Washington State Department of Transportation plans to locate a maintenance facility and dock underneath the new bridge to support maintenance activities on the SR 520 floating bridge. This site was selected after a selection process where six other sites around Lake Washington were analyzed and determined impractical or scored less desirable. The original plans called for construction of a 70-foot long dock, which was later redesigned to a 260-foot long dock intended to accommodate the state's existing repair boats. After the City and several Page 15 of 103 agencies expressed concerns about the design of the dock, WSDOT made a decision to look at alternatives. City staff attended an agency coordination meeting January 20, 2010, where WSDOT indicated they plan to purchase new maintenance boats that could operate from a dock that would be less intrusive. Preliminary drawings show the redesign of the dock will be reduced to a length of about 100 feet. This would make it more consistent with the Medina Municipal Code. Additional information on the design of the new dock is expected at the next agency meeting. Page 16 of 103 Permit Report December, 2009 2009 2008 Current Current 2009 2008 Month Month YTD YTD Difference Construction Value New Construction 0 0 8,581,474 15,753,010 ($7,171,536) Permit Renewals 4,648,250 0 14,400,173 5,642,165 $8,758,008 Addition/Alteration 0 1,673,400 3,672,085 34,622,964 ($30,950,879) Accessory Structure 117,211 3,500 543,671 2,475,900 ($1,932,229) Repair/Replace 0 35,000 113,960 1,573,348 ($1,459,388) Fence/Wall 0 19,350 1,115,689 1,339,376 ($223,687) Mechanical N/A 0 N/A 2,754,000 N/A Fire Sprinkler 11,600 25,423 304,581 322,785 ($18,204) Wireless Comm Facility 0 0 10,000 75,000 ($65,000) TOTAL VALUE 4,777,061 1,756,673 28,741,6331 64,558,548 33,062,915 Permits Issued New Construction 0 0 5 10 (5) Permit Renewals 3 0 11 13 (2) Addition / Alteration 0 4 19 39 (20) Accessory Structure 2 1 18 19 (1) Fence/Wall 0 2 18 27 (9) Demolition 4 0 18 10 8 Grading/Drainage 0 0 12 22 (10) Tree Mitigation 0 1 12 11 1 Mechanical 11 6 58 73 (15) Fire Sprinkler 1 2 8 27 (19) Reroof 0 0 4 18 (14) Repair / Replace 0 1 5 14 (9) Right -of -Way Use 3 2 55 86 (31) Construction Mitigation 0 1 13 17 (4) Wireless Comm Facility 0 0 1 1 0 TOTAL PERMITS 24 20 257 387 130 Inspections Building 73 56 1,113 Construction Mitigation 1 4 55 Grading/Drainage 10 32 575 Tree Mitigation 1 5 118 Right -of -Way 8 33 181 TOTAL INSPECTIONS 93 130 0 2,042 0 Page 17 of 103 CITY OF MEDINA Office of the City Manager February 2, 2010 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: January 2010 Public Works Activity Report The Architect Consultants for City Hall expansion, Group Mackenzie, are in the design development stage for the City Hall facility. Schematic plans have been refined for the Public Safety floor layout and were reviewed by the Police staff on January 1st. The staff comments were conveyed to the architects via telephone conferencing. Items discussed included: a. removal of the wall between the reception room and the Lieutenants office to provide more space for records, moving the Lieutenants office to the floor area near the holding cell b. moving the police server room to the closet area adjacent to the south wall of the stairway and providing door openings sufficient for moving in computer racks (3' x 7'-6") c. reducing the women's locker room to six lockers and the men's locker room to nine lockers and shifting the men's locker room into the space from the women's room reduction so that an exercise room can be created where the janitor's closet was shown on the schematic plan d. partitioning the evidence room to provide separation from evidence storage and evidence processing e. providing a kitchenette in the interview room. f. Including security measures such as fortified computer room walls and provision for a key card system for exterior doors and doors from public spaces into the department. The Public Works Director and the IT administrator met with an information technology specialist (Mark Stoops). Mark has expertise in computer equipment design and layout. He advised that the existing equipment be upgraded to provide a system commensurate with the City Hall needs today and provide for expansion in the future. The system he described will provide fire and disaster protection, emergency loss of power, sufficient data backup, will interface with the various communication systems, provide network communications using two server racks and a wiring board for simplified circuitry. He will be providing a proposal to serve as the City's IT consultant to provide upgraded equipment specifications, confer with the architects during design and construction phases, managing the move to a temporary City Hall, and complete the new computer room installation. His proposal will be reviewed by staff and brought to the Council for approval in the near future. Page 18 of 103 2. The Public Works Director has been searching for temporary City Hall facilities to be utilized while the City Hall undergoes renovation. The search has included contacts with realtors and property managers to locate acceptable facilities that can be leased for 12 months. To date two single family homes have been found within the City, one in close proximity to City Hall and one located in the residential area near NE 22nd and 78th Ave NE. A discussion of the options for the temporary City Hall is included in the Council packet under item OB-3. The temporary facilities under consideration are: • Lease a home(s) within the City (this will require a City Code amendment to allow a public building in a residential neighborhood zone) • Install two or more portable trailers in Medina Park (near the existing restrooms), or in Fairweather Park. • Lease commercial space in Bellevue. 3. Laura Weingaertner of the Park Board has been working with Chuck Gibilisco of the Washington Fish & Wildlife and Phil Turner of Olympia Systems about the feasibility and cost to install a Heron -cam in the top of the large fir nesting tree in Medina Park. The camera will be linked to the internet for access by the public. The estimated cost to provide and install the camera is approximately $5,000. The Park Board has endorsed the camera project and members are soliciting private contributions toward the project. With Council approval, the project will move forward this month in order to have the camera installed prior to the Heron nesting season. 4. The Public Works Director solicited quotes for the purchase of the replacement pickup for the department and that purchase is included in the Council packet under item CA-5. A purchase order for the replacement snow plow truck has been signed and the total cost for the truck with dump box and snow plow has come in under the 2010 State Contract price for the same package. 5. The Public Works crew has completed a covered area for the storage of sand and equipment that will assist with inclement weather preparations and operations. Presently sand and truck sanders sit out in the open and are subject to freezing weather that hampers their use. The new covered area installation also provided the impetus to cleanup and organize the outside material and equipment storage areas in the public works yard. Page 19 of 103 CALL TO ORDE Mark Nelson cal at 6:37 pm. ROLL CALL Council Member Citv Staff Presei Nelson led cou administered o Phelps. ELECTION Nelson opened Whitney seconi Jordan opened Whitney and Le 7-0 vote. ITEM CA-1 DRAFT MEDINA CITY COUNCIL REGULAR MEETING MINUTES Medina City Hall Council Chambers January 11, 2010, 6.30 pm led the January 11, 2010 Regular Meeting of the Medina City Council to order Pat Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney Donna Hanson, City Manager; Steve Victor, City Attorney, Kenyon Disend; Jeff Chen, Chief of Police; Joe Willis, Public Works Director; Robert Grumbach, Development Services Director; Nancy Adams, Finance Director; and Rachel Baker, City Clerk , staff and audience members in the Pledge of Allegiance. City clerk of office to newly elected council members Boyd, Dicharry, Lee and it to nominations for 2010-2011 mayor. Phelps nominated Jordan and the nomination. Jordan was elected mayor following a 7-0 vote. )or to nominations for 2010-2011 deputy mayor. Dicharry nominated seconded the nomination. Whitney was elected deputy mayor following a APPROVAL OFIMEETING AGENDA Boyd requested `Approval of City Hall Schematic Plans" be removed from consent agenda. Council concurred and item was moved to other business. The amended meeting agenda was approved by council consent. PUBLIC COMMENT Mayor opened public comment period at 6:43 pm. Daniel Lipkie strongly cons ike about siting wireless facilities in Medina and urged the council to questions posed in staff memo addressed to council before responding. Page 20 of 103 DRAFT Mayor closed public comment period at 6:45 pm. REPORTS AND ANNOUNCEMENTS Nelson recapped eastside mayor's meeting and the presentation delivered by ARCH program manager as segue into suggesting council consider a code amendment related to accessory dwelling units. He summarized the Eastside Transportation Partnership meeting and inquired how much of a committed presence council would prefer for future ETP meetings. City staff reviewed monthly reports and responded to council inquiries. PRESENTATION Chen awarded Dicharry with a plaque recognizing his work on the emergency preparedness committee, serving most recently as chair and for his efforts in the city's VHF radio communications program. CONSENT AGENDA MOTION NELSON AND SECOND DICHARRY TO APPROVE CONSENT AGENDA AS MODIFIED. MOTION CARRIED 7-0 AT 7:04 PM. - Approval of December 14, 2009 City Council Regular Meeting Minutes - Approval of January 5, 2010 City Council Special Meeting Minutes -Approval of December 2009 Checks/Finance Director's Report Claim check numbers 76063 through 76203 in the amount of $294,163.11 and payroll check numbers 25908 through 25991 in the amount of $251, 483.24. Voided AP checks are 76099 and 76100 for the purpose of AP check form orders. Voided payroll checks are 25932 and 25933 for the purpose of payroll check form orders. Cancelled AP checks are 75836 in the amount of $45.50 and 75915 in the amount of $269.60. - Shoreline Master Program Update - Draft Public Participation Plan - Approval of Public Works Truck and Snow Removal Equipment Purchase OTHER BUSINESS 2010 City Council Retreat and Meeting Schedule (7:05 pm) Council members decided to maintain regular meeting schedule and to hold study sessions as necessary. A retreat for council and staff was scheduled for February 3 at 3:00 pm. 2010 Draft Legislative Agenda (7.14 pm) Council discussed draft agenda and amended general government section, changing second bullet and adding a third bullet to read: Oppose additional requirements in the Public Disclosure Act that would increase compliance costs, and support legislation to minimize financial impacts to cities from abusive public records requests. Actively support legislation which would allow recovery or mitigation of compliance costs. City Council Minutes Janu gelli @QW Page 2 DRAFT MOTION DICHARRY AND SECOND PHELPS TO APPROVE 2010 LEGISLATIVE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY AT 7:19 PM. 2010 Council Committees (7:19 pm) MOTION NELSON AND SECOND TO RE-ESTABLISH FACILITIES, FINANCE AND PERSONNEL COMMITTEES. MOTION CARRIED UNANIMOULSY AT 7:24 PM. Council populated committees as follows: Facilities: Boyd, Jordan, and Nelson Finance: Jordan, Lee, and Whitney Personnel: Dicharry, Jordan, and Phelps Nelson volunteered to continue to represent the council at State Route 520 meetings and Dicharry volunteered to represent the council at Eastside Transportation Partnership meetings. Council decided to determine remaining meeting assignments at retreat. MOTION NELSON AND SECOND LEE TO CONFIRM COMMITTEE APPOINTMENTS. MOTION CARRIED UNANIMOUSLY AT 7:29 PM. Briefing on Proposals for Wireless Communication Coverage in Medina and SR 520 (7:29 pm) Grumbach reported on matter and, together with the city attorney, responded to council inquiries. Council requested staff provide a follow up during March 8 meeting. Draft Code Enforcement Ordinance (7.50 pm) MOTION DICHARRY AND SECOND NELSON TO APPROVE SCHEDULING OF PUBLIC HEARING FOR FEBRUARY 8, 2010. MOTION CARRIED UNANIMOULSY AT 7:52 PM. Approval of City Hall Schematic Plans (7:52 pm) MOTION NELSON AND SECOND WHITNEY TO APPROVE GROUP MACKENZIE ARCHITECTURAL SCHEMATICS FOR CITY HALL RENOVATION AND ADDITION PROJECT AS SHOWN IN PACKET, WHICH DOES NOT INCLUDE DESIGN OR CONSTRUCTION OF UNDERGROUND EMERGENCY GENERATOR AT THIS TIME. MOTION CARRIED UNANIMOUSLY AT 8:01 PM. City Council Minutes Janu, j412 a-,Obd Page 3 DRAFT EXECUTIVE SESSION The city council recessed into executive session at 8:00 pm, for an estimated time of sixty minutes pursuant to pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party. City council members Boyd, Dicharry, Jordan, Lee, Nelson, Phelps, and Whitney and city attorney, city manager and development services director were present. Council also met pursuant to RCW 42.30.110 (1)(g) to review the performance of a public employee. City council members Boyd, Dicharry, Jordan, Lee, Nelson, Phelps, and Whitney and city attorney were present. No action was anticipated. Executive session was extended twenty minutes at 9:00 pm and another twenty minutes at 9:20 pm. Executive session adjourned and council resumed its regular meeting at 9:40 pm. No action was taken. ADJOURNMENT MOTION PHELPS AND SECOND WHITNEY TO ADJOURN THE JANUARY 11, 2010, REGULAR MEETING AND MOTION CARRIED 7-0 AT 9:42 PM. The January 11, 2010 Regular Meeting of the Medina City Council adjourned at 9:42 pm. The city council will hold a retreat Wednesday, February 3, 2010 at 3:00 pm and its next regular meeting is scheduled for Monday, February 8, 2010 at 6:30 pm. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes Janu el h W td Page 4 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES Medina City Hall Council Chambers February 3, 2010, 3:00 pm CALL TO ORDER ITEM CA-2 DRAFT Bret Jordan called the February 3, 2010 Special Meeting of the Medina City Council to order at 3:14 pm. ROLL CALL Council Members Present: Pat Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps, and Shawn Whitney City Staff Present: Donna Hanson, City Manager; Steve Victor, City Attorney, Kenyon Disend; Jeff Chen, Chief of Police; Joe Willis, Public Works Director; Robert Grumbach, Development Services Director; Nancy Adams, Finance Director; and Rachel Baker, City Clerk 2010 Department Work Plans Department directors and city attorney reviewed and answered questions regarding department workloads and project goals for 2010. Council Topics Council self -assigned representation to the following: 1 Eastside Transportation Partnership: Nelson, Dicharry 2. WSDOT SR 520 Meetings: Nelson, Dicharry 3. Puget Sound Regional Council: Whitney 4. Sound Transit: Jordan 5. Suburban Cities Association: Whitney 6. Points Mayors Meetings: Jordan 7. Liaison to Bellevue City Council: Lee Council added the following items for discussion to February 8 regular meeting agenda: 1. Part 150 Noise Study Representation 2. Set Study Session Date to Review Council's Strategic Goals, Ground Rules, and Guidelines Council requested advisory board and commission chairs provide reports at council meetings and that meeting minutes be included in council agenda packets. Page 24 of 103 DRAFT ADJOURNMENT MOTION BOYD AND SECOND DICHARRY TO ADJOURN THE FEBRUARY 3, 2010, SPECIAL MEETING AND MOTION CARRIED 7-0 AT 6:53 PM. The February 3, 2010 Special Meeting of the Medina City Council adjourned at 6:53 pm. The Medina City Council will hold its next Regular Meeting on Monday, February 8, 2010 at 6:30 pm. 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O \ N -H C-' �.1 U a P 2 h E m w H D p omOJ CD m N cn ,5..' O \O � O N 0 d a N H H z a w El ❑ H H r E Z o 0 o p O M E-E CM O O co M N QI a ITEM CA-5 MEDINA CITY COUNCIL MEETING AGENDA BILL SUBJECT/TITLE: PUBLIC WORKS PURCHASE CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: JOE WILLIS BACKGROUND/SUMMARY: The Public Works Director solicited quotes from local dealers to provide replacement vehicles for the Public Works Department as approved in the adopted 2010 City Budget after it was learned that the State Contract bids for new vehicles will not be finalized until March of 2010 for delivery late in 2010. Quotes for a 2010 Ford Ranger extended cab pickup truck with a V-6 engine using government pricing varied from $ 17,416 to $ 22,279 plus tax and license. The lowest quote was from Bickford Ford of Snohomish. With Council approval, the truck purchase will be made so that it will be available for use this spring. The 2010 budget for the vehicle is $ 22,000. The 2010 budget for Public Works equipment replacements is $ 76,000. The purchase of a fully equipped Street Department snow plow vehicle with dump box and plow as approved by the Council on January 11, 2010 totaled $ 54,865 (including tax and license). Thus, the total cost for both vehicles will equal approximately $ 74,000 (within the approved 2010 budget). BUDGET/FISCAL IMPACT: Purchase will be funded by the equipment replacement fund #100- 541-50-64-00 in the adopted 2010 budget. STAFF RECOMMENDATION: Approve the Purchase of a Ford Ranger Pickup Truck for the Public Works Department. CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: "I move to approve the purchase of a Ford Ranger pickup truck and authorize the Public Works Director to sign the purchase contract(s)." Page 39 of 103 ITEM CA-6 MEDINA CITY COUNCIL MEETING AGENDA BILL SCHEDULE A PUBLIC HEARING FOR MARCH 8, 2010, FOR A SUBJEcT/TITLE: PROPOSED CODE AMENDMENT RELATED TO THE LOCATING OF TEMPORARY CITY GOVERNMENT FACILITIES CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other - Discussion STAFF REPORT BY: ROBERT J. GRUMBACH BACKGROUND/SUMMARY: The work detailed for renovating the Medina City Hall building includes a number of items that cannot reasonably be accomplished while the building is occupied. In the interest of the City and the public, a temporary location for City Hall is needed while the renovation work is occurring. While City Council action on selecting a temporary location is still required, the alternatives that realistically can be considered are limited due to existing zoning regulations. The Medina Zoning Code limits uses in residential zoning districts to single-family dwellings and existing non-residential uses. Additionally, the zoning code does not include any provisions related to the Parks and Public Places zoning district. City staff initiated a code amendment to allow the City Council the ability to consider the widest range of alternatives in selecting a site for temporary city administrative and police services. The matter was discussed with the planning commission at their January 26, 2010, meeting. After discussion, the planning commission voted to forward a recommendation to the City Council. Before the City Council may take action, a public hearing is required. Staff recommends that an ordinance be prepared based on the planning commission's recommendation and a hearing be scheduled to receive public comments. Attachments: Planning Commission Recommendation BUDGET/FISCAL IMPACT: None STAFF RECOMMENDATION: ADDroval CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: Move to direct staff to prepare an ordinance related to the location of temporary city government facilities based on the planning commission's recommendation and to schedule a public hearing for March 8, 2010. Page 40 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM CA-6 MEDINA PLANNING COMMISSION RECOMMENDATION RECOMMENDATION OF THE MEDINA PLANNING COMMISSION ADDING A NEW CHAPTER 17.56B RELATED TO THE LOCATING OF TEMPORARY CITY GOVERNMENT FACILITIES WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance 783, passed March 14, 2005; and WHEREAS, the city council adopted zoning regulations by Ordinance 16, on December 5, 1955, and last amended by Ordinance 841, adopted on June 8, 2009; and WHEREAS, Land Use Policy LU-P5 of the Medina Comprehensive Plan supports maintaining existing non-residential uses including City Hall; and WHEREAS, Land Use Policy LU-P4 of the Medina Comprehensive Plan discourages residential uses being converted to non-residential uses except when clearly supported by the community and when impacts to the surrounding area can be fully mitigated; and WHEREAS, the City Council has included in the adopted 2010 City budget expenditures for major renovation to the Medina City Hall building that will require the temporary relocation of City administrative and police services; and WHEREAS, the Medina Zoning Code limits uses in residential zoning districts to single-family dwellings and existing non-residential uses; and WHEREAS, the Medina Zoning Code does not include any provisions related to the Parks and Public Places zoning district; and WHEREAS, the planning commission discussed the temporary location of City government facilities at its January 26, 2010, regularly scheduled meetings; and WHEREAS, at the conclusion of the planning commission's discussion, the planning commission voted to forward to the City Council a recommendation for a proposed code amendment; and WHEREAS, the planning commission finds that a code amendment to the Medina Zoning Code would serve the best interests of the City by providing the widest range of alternatives that may be considered in temporarily relocating City administrative and police services. NOW THEREFORE BE IT ADVISED THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: follows: Section 1. Add a new Chapter 17.566 of the Medina Municipal Code to read as 1 of 2 Page 41 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM CA-6 Chapter 17.56E Temporary Use 17.56B.010 Purpose. 17.56B.020 Applicability. 17.56B.030 Location of City government facilities in residential zones. 17.56B.040 Temporary Use Permit. 17.56B.050 Approval criteria. 17.56B.010 Purpose. This chapter is intended to permit certain uses identified in this chapter that are inherently temporary. 17.56B.020 Applicability. This chapter applies to the temporary locating of City of Medina government facilities. 17.56B.030 Location of City government facilities. In addition to being a permitted use in the Parks and Public Places zoning district, City of Medina government facilities, such as city hall, public works maintenance facilities, and police may be temporarily located in any residential zone for a time not to exceed 18 consecutive months. 17.5613.040 Temporary Use Permit. A. A temporary use permit is required for temporary location of City of Medina government facilities. The requirements set forth in chapter 17.56 MMC shall not apply. B. Temporary use permits are decided by the City Manager or designee and are subject to the approval criteria in MMC 17.56B.050. 17.56B.050 Approval criteria. The City manager may approve a temporary use permit if it is found that: A. The temporary use will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the immediate vicinity of the temporary use; B. The temporary use has adequate on -site parking for employees, city vehicles and customers; C. Except in the case of emergencies, the temporary use will not cause noise, light or glare which adversely impacts surrounding uses; D. The temporary use shall comply with all codes applicable to development, such as zoning and building codes. APPROVED BY THE PLANNING COMMISSION ON THIS 26 DAY OF JANUARY, 2010. Planning Commission 2of2 Page 42 of 103 January 29, 2010 TO: Medina City Council Members FROM: Medina City Council, Personnel Sub -Committee Mayor Bret Jordan, Council Member Doug Dicharry, Council Member Katie Phelps, and Planning Commission Chair Judie O'Brien SUBJECT: Planning Commission Appointment Honorable Medina Council Members, As a result of the election of Pat Boyd to the Medina City Council last November he was required to vacate his position on the Medina Planning Commission effective December 31, 2009. A recruitment to fill this position with an unexpired term ending June 30, 2011, was conducted between November 17 and December 31, 2009. A total of four applications were received. After reviewing the applications and subsequent discussion, the personnel committee decided to proceed with interviewing two candidates. Following the interviews, the recommendation for appointment is as follows: The committee recommends the appointment of Peter May to fill the unexpired term of Planning Commission Position Number Four, effective immediately. The term began July 1, 2007 and will expire June 30, 2011. The committee felt his background and expertise as a professor of political science and public policy would be an asset to the commission, especially as it proceeds into the review of our current comprehensive plan and shoreline ordinances. Mr. May also met the criteria as stated in MMC, Chapter 2.44 and City Council Guidelines, Section 2.08 (as amended by Resolution 332, approved March 10, 2008). If this recommendation is approved by the City Council on February 8, all seven seats on the Planning Commission will be occupied. Page 43 of 103 ITEM CA - 8 CITY OF MEDINA Park Board Meeting Minutes November 16, 2009 Council Chambers Medina City Hall CALL TO ORDER Chair called the November 16, 2009 Park Board meeting to order at 6:11 pm Roll Call Present: Gabriele Dickmann (arrived following roll call), Marelaine Dykes, Susan Flagg, Susan Greenberg (arrived following roll call), Matt Kochel, Ross Mickel, Laura Weingaertner Staff Present: Joe Willis, Director of Public Works; Pam Greytak, Administrative Assistant MOTION DYKES/SECOND KOCHEL TO CANCEL THE DECEMBER 2009 PARK BOARD MEETING. MOTION PASSED 5-0 (6:12 PM) ANNOUNCEMENTS January and February Meeting Dates Changed Given that the third Monday in both January and February, 2010 fall on city holidays boardmembers determined they would meet on Tuesday, January 19, and Tuesday, February 16, 2010. (Park Board's regular meeting schedule is predetermined by Ordinance 839.) MINUTES MOTION FLAGG/SECOND KOCHEL TO APPROVE OCTOBER 19, 2009 PARK BOARD MINUTES AS WRITTEN. MOTION PASSED 7-0 6:16 PM AUDIENCE PARTICIPATION No Audience Participation PARK REPORTS (6:16 pm) Willis confirmed for Flagg that caution tape and construction equipment is sited on Indian Trail near NE 28 due to a storm drain undergoing repair. Greenberg reported on Medina Park: Hot water is not working in ladies restroom; weeds are growing under bridge in south pond; and sinkhole on eastside of the south pond bridge needs to be filled with dirt or gravel. Page 44 of 103 Park Board Minutes Page 1 November 16, 2009 ITEM CA - 8 Dykes reported on Medina Park: Missing water hose at dog drinking location; and spiders in the rafters in the ladies restroom. Willis confirmed for Dickmann that cleaning out the creek in Medina Park was discontinued until spring. Dickmann suggested that staff build more dog waste containers for Medina Park. Mickel reported that football teams are damaging the grass at the Fairweather sports field. Willis confirmed for Mickel that the city is not allowed to take action regarding dying trees on private property. Willis confirmed for Weingaertner that the ramp located next to the stairs at Viewpoint Park is used for transporting equipment. NEW BUSINESS Status on costs for Medina Park shelter (6:26 pm) Willis reported that his research established that the cost for a 24' x 34' shelter similar to the one located in Richland, Washington would be $25,000, not including the footings and the city's work. Responding to Weingaertner about the possibility of hiring a contractor to build a picnic shelter onsite, Willis explained that design and drawings would be necessary for the required building permit. Kochel stated that the proposed shelter should cover two or three picnic tables and the size needed to be 10' x 20'. Boardmembers discussed the proposed shelter's color and design and their desire for it to blend in with the environment. Willis confirmed that he would get prices for smaller shelters. Kochel referenced www.classicrecreation.com as a website where boardmembers could research various picnic shelter styles and costs. Status on Adding Grass Carp to Medina Park Ponds (6:38 pm) Willis reported that he researched Grass Carp and learned that adding them to Medina Pond would require permits from the Fish and Wildlife, and Department of Ecology. Willis acknowledged that the state specifies the number of Grass Carp allowed and the fish must be certified and imported from the Southeast. Willis indicated the cost would be $25 per imported fish. He reported that other jurisdictions have had problems with Grass Carp eating all pond vegetation. Willis stated that every five years the fish would need to be restocked, and that a screen and barrier method is required to keep them from getting into Lake Washington. Willis reported that the fish are considered to be an invasive species. Boardmembers decided by consensus not to pursue the matter. Page 45 of 103 Park Board Minutes Page 2 November 16, 2009 ITEM CA - 8 Status on Blue Heron Webcam (6:43 pm) Weingaertner shared the results of her Blue Herron webcam research with boardmembers. She stated that the Department of Fish and Wildlife (DFW) is sharing contact information with her, but due to budget constraints the city would be responsible for managing the process independently. Weingaertner reported that Olympia Systems contracts with cities for wildlife webcam installation and that they work closely with arborists and the DFW. Weingaertner discussed the equipment that would be needed for installation: camera; server; wire and conduit; and 3' x 2' lockbox. She said the installation process would include digging a trench; running wire to and up the tree; and the internet interface would go from the lockbox to the Public Works shop; and the DFW cameras are fed through www.critterzoom.com. Weingaertner stated that she was quoted under $4,000 for completion of the project. Boardmembers spoke about which tree the proposed camera would be placed in and the possibility of using a Pan Tilt Zoom camera. There was discussion regarding budgeting for the webcam, and asking local organizations for donations. Park Board 2010 Work Plan (7:00 pm) Willis and Boardmembers spoke about the Comprehensive Plan and the Long Range Vision and Strategic Planning document. Willis suggested updating and editing Park Board vision and goals. ADJOURNMENT LMOTION WEINGAERTNER/SECOND DYKESTO ADJOURN NOVEMBER 16, 2009 PARK BOARD MEETING. MOTION PASSED 7-0 (7.06 PM) The next Park Board meeting will be held Tuesday, January 19, 2009 at 6:00 pm. Minutes taken by: Pam Greytak Administrative Assistant Page 46 of 103 Park Board Minutes Page 3 November 16, 2009 ITEM CA - 9 CITY OF MEDINA Planning Commission Meeting December 16, 2009 Medina City Hall Council Chambers 6:00 p.m. 501 Evergreen Point Road CALL TO ORDER Chair O'Brien called the Planning Commission meeting of December 16, 2009, to order at 6:17 pm. ROLL CALL Present: Pat Boyd (arrived 6:22 pm), Heija Nunn, Judie O'Brien, Karen Sparks, Ching -Pi Wang Staff Present: Robert Grumbach, Development Services Director; Pam Greytak, Administrative Assistant Absent: Molly Goudy, Jeff Price ANNOUNCEMENTS (6:17 pm) Grumbach announced the following: • Boyd will be vacating his seat on the Planning Commission, and beginning his term on the City Council in January 2010. • Applications are being accepted for Planning Commission position 4. • Permit Coordinator Donna Goodman will be responsible for taking Planning Commission minutes beginning January 2010. MINUTES MOTION SPARKS/SECOND WANG TO APPROVE NOVEMBER 17, 2009 MEETING MINUTES AS WRITTEN. MOTION APPROVED 4-0 (6:19 PM) AUDIENCE PARTICIPATION (6:20 pm) No audience participation. PUBLIC HEARING - LEGISLATIVE (6:20 pm) Chair opened the public hearing at 6:20 pm. Upon hearing no public comments Chair closed hearing at 6:21 pm. Page 47 of 103 Planning Commission Minutes Page 1 December 16, 2009 MOTION SPARKS/SECOND WANG TO RECOMMEND TO THE CITY COUNCIL THE PROPOSAL AS PRESENTED: TO AMEND THE ENFORCEMENT PROCEDURES IN CHAPTER 1.15 OF THE MEDINA MUNICIPAL CODE, TITLE 17 (ZONING), CHAPTER 8.04 (NUISANCES), CHAPTER 8.06 (NOISE CONTROL), CHAPTER 12.28 (TREE CODE), CHAPTER 12.32 (STRUCTURES IN UNIMPROVED PORTIONS OF PUBLIC RIGHTS -OF -WAY), CHAPTER 14.12 (SITE PLAN REVIEW), CHAPTER 15.20 (MITIGATION PLANS FOR MAJOR CONSTRUCTION ACTIVITIES), CHAPTER 18.08 (SHORELINE MANAGEMENT MASTER PROGRAM), CHAPTER 18.12 (CRITICAL AREAS); AND CHAPTER 2.78 DUTIES OF THE HEARING EXAMINER. MOTION APPROVED 4-0 (6:25 PM) OTHER BUSINESS Shoreline Master Program Update (6:26 pm) Grumbach discussed the Shoreline Master Program Update — Draft Public Participation Program document that he provided to the Commissioners. Grumbach spoke about details related to forming a citizen advisory committee. He confirmed that the committees' input would be used by staff in the development of the Shoreline Master Program Update. Grumbach reported that the advisory committee would include representatives from the Planning Commission and Park Board; and property owners along Lake Washington and in the city. Grumbach reported that he would also hold an open house in the spring of 2010. Proposed 2010 Work Program (6:30 pm) Commissioners discussed pitch roof incentives, and the comprehensive plan. Nunn discussed SR-520 construction mitigation, and the city's ongoing traffic calming planning related to Lake Washington and 84th Ave. NE. Commissioners spoke about the possibility of SR-520 construction triggering construction mitigation. Commissioners spoke about home businesses, signage, and the possibility of introducing an R-9 zoning district. It was decided to continue the discussion to the January 2010 meeting. Boyd tendered his resignation effective January 11, 2010. ADJOURNMENT MOTION BOYD/SECOND WANG TO ADJOURN DECEMBER 16, 2009 PLANNING COMMISSION MEETING AT 7:17 PM. MOTION APPROVED 5-0 The next Planning Commission meeting will be held Tuesday, January 26, 2010, at 6:00 pm. Minutes taken by: Pam Greytak Page 48 of 103 Planning Commission Minutes Page 2 December 16, 2009 ITEM CA -10 CITY OF MEDINA EMERGENCY COMMITTEE MEETING MINUTES November 18, 2009 The meeting was called to order at 7:00 p.m., by Chair Dr. Doug Dicharry. Those in attendance included Volunteers Marita Acheson, Medical, Dan Becker, Public Works, Kay Koelemay, Basic Needs, Margaret Maxwell, Neighborhood Preparedness, Scott and Lynn Hannah, Bruce Hand and Bruce Swenson. City Staff included City Attorney Steve Victor, Lieutenant Dan Yourkoski and Emergency Preparedness Coordinator Kris Finnigan. The minutes of the September 16, 2009 meeting were reviewed. Moved for approval by Maxwell and seconded by Koelemay, they were approved. City Attorney Victor reviewed the background of the Medina Municipal Code, as it relates to emergency management. He acknowledged that the committee was interested in a pro- active role in emergency management, particularly since no city staff reside in the community and may be hindered in responding to the community immediately. Victor noted that the level of community involvement in Medina, relative to emergency preparedness, exceeded other communities of a similar size. He suggested that volunteers could supplement roles defined in the Medina Comprehensive Emergency Management Plan, during time of disaster. Chair Dicharry defined his understanding of roles of the Committee as being: 1. Advise City Council on resource allocation, with advice of the Chief of Police. 2. If City Staff not available, ensure some response of volunteers, until authorities arrive. Dicharry also stressed the importance of volunteers being registered as emergency workers. Discussion followed, during which it was agreed that the City Attorney would re -work the ordinance, establishing a more formal Emergency Committee. Staff team meetings, as well as Emergency Committee meetings with department heads and exercise of the Comprehensive Emergency Management Plan were discussed and welcomed for the future. Neighborhood Preparedness Chair Maxwell and Public Works Chair Becker discussed their desire for maps of the water and sewer system to be readily available to someone of authority, in a disaster. Becker stated that he will be discussing public works aspects of emergency preparedness with Public Works Director Willis, in the near future. Medical Chair Acheson related that she had explored the medical supplies since the time of the last meeting and had suggested the purchase of space blankets, which have been added to these supplies. Basic Needs Chair Koelemay related highlights of a Red Cross Sheltering Workshop she had attended with Emergency Preparedness Coordinator Finnigan. She expressed concern that the requirements for establishing a Red Cross Shelter in the community would be difficult to be achieved. Page 49 of 103 Discussion followed regarding sheltering possibilities in the community. Scott Hannah, former Chair of the Committee, related that he had worked on an agreement with Overlake Golf and Country Club and that his feelings are that their facilities would adequately serve the community, in time of disaster. The issue of staffing of a shelter in the community was discussed, with some concern expressed as to availability of volunteers for this purpose. It was decided that the level of interest of residents to respond as shelter volunteers be explored in a newsletter article. Family preparedness was discussed as being of extreme importance. It was decided that emergency kits available be reviewed by the Committee, for possible city purchase and sale to residents. The next meeting was scheduled for January 20, 2010 at 7 p.m., with the CERT group scheduled to meet at 6 p.m. that same evening. The meeting was adjourned at 8:50 p.m. Kris Finnigan, Emergency Preparedness Coordinator Page 50 of 103 ITEMS PH -1 & OB -1 MEDINA CITY COUNCIL MEETING AGENDA BILL SUBJECT/TITLE: AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, RELATING TO ENFORCEMENT PROCEDURES CATEGORY: ❑ Consent ® Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other - Discussion STAFF REPORT BY: ROBERT J. GRUMBACH BACKGROUND/SUMMARY: The planning commission forwarded a recommendation on proposed amendments to the Medina Municipal Code related to code enforcement of development regulations. Based on the planning commission's recommendation, an ordinance has been prepared that would amend the Medina Municipal Code by adding authority for City enforcement officials to issue citations for violations of noise control, code of conduct and construction mitigation plans, erosion control measures, stop work orders, and tree removal permit. A person who receives a citation will have the option to pay the fine, request to have the fines mitigated, or contest the citation and fines before the hearing examiner. (Other violations would continue to be addressed through notice of violation (notice and order) procedures.) The draft ordinance would also update and consolidate enforcement procedures into a more unified set of regulations. Additionally, chapter 8.04 (nuisances) would be amended to allow the city manager flexibility to designate staff to administer this chapter. A complete summary of the changes can be found in the tables starting on page 7 and 10 of the staff report. Attachments: Proposed Ordinance, Staff Report BUDGET/FISCAL IMPACT: $3,000 estimated for hearing examiner STAFF RECOMMENDATION: ADr)roval CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: Move to adopt an ordinance of the City of Medina relating to enforcement procedures of the Medina Municipal Code. Page 51 of 103 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM OB -1 Ordinance No. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, RELATING TO ENFORCEMENT PROCEDURES IN CHAPTER 1.15 (CODE ENFORCEMENT) OF THE MEDINA MUNICIPAL CODE (MMC), TITLE 17 MMC (ZONING), CHAPTER 8.04 MMC (NUISANCES), CHAPTER 8.06 MMC (NOISE CONTROL), CHAPTER 12.28 MMC (TREE CODE), CHAPTER 12.32 MMC (STRUCTURES IN UNIMPROVED PORTIONS OF PUBLIC RIGHTS -OF -WAY), CHAPTER 14.12 MMC (SITE PLAN REVIEW), CHAPTER 15.20 MMC (MITIGATION PLANS FOR MAJOR CONSTRUCTION ACTIVITIES), CHAPTER 18.08 MMC (SHORELINE MANAGEMENT MASTER PROGRAM), AND CHAPTER 18.12 MMC (CRITICAL AREAS); AND TO THE DUTIES OF THE HEARING EXAMINER IN CHAPTER 2.78 MMC WHEREAS, the City of Medina is classified as a non -charter code City under title 35A RCW; and WHEREAS, RCW 35A.11.020 grants code cities the authority to adopt and enforce ordinances of all kinds relating to and regulating local or municipal affairs and appropriate to the good of the City that are not in conflict with state law; and WHEREAS, RCW 35A.11.020 provides that any violation of such ordinances constitutes a misdemeanor or gross misdemeanor, or as an alternative can be designated as a civil violation subject to monetary penalties provided that no act which is a state crime may be made a civil violation; and WHEREAS, pursuant to RCW 90.58.200 and RCW 90.58.210, local governments may adopt enforcement procedures as are necessary and appropriate to carry out the provisions of the Shoreline Management Act (chapter 90.58 RCW); and WHEREAS, the Medina Municipal Code has designated as alternative violations civil offenses subject to monetary penalties of regulations pertaining to zoning, public nuisances, noise, tree code, structures in unimproved portions of public rights -of -way, building codes, mitigation plans for major construction, and critical areas; and WHEREAS, chapter 1.15 MMC, adopted April 14, 2003, by Ordinance No. 744 established procedures for enforcement of violations pertaining to zoning, public nuisances, noise, tree code, structures in unimproved portions of public rights -of -way, building codes, mitigation plans for major construction, and critical areas; and WHEREAS, MMC 8.04.110 established public nuisances as a civil infraction with separate monetary penalties from chapter 1.15 MMC; and WHEREAS, MMC 8.06.010 and MMC 8.06.050(B) established noise violations as a civil infraction with separate monetary penalties from chapter 1.15 MMC; and WHEREAS, MMC 12.28.280 established violations of the tree code as a civil infraction with separate monetary penalties from chapter 1.15 MMC; and WHEREAS, MMC 12.32.080 established violations of structures within the right-of-way as a civil infraction with separate monetary penalties from chapter 1.15 MMC; and Ordinance No. 1 of 25 Page 52 of 103 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB -1 WHEREAS, MMC 14.12.080 established enforcement procedures for a violation of the conditions of a site plan review approval as a civil or criminal offense with separate monetary or criminal penalties from chapter 1.15 MMC; and WHEREAS, MMC 15.20.090 established enforcement procedures for a violation of mitigation plans for major construction activities as a civil or criminal offense with separate monetary or criminal penalties from chapter 1.15 MMC; and WHEREAS, MMC 17.04.060, MMC 17.80.130, MMC 17.90.180, and MMC 17.92.010 established violations of the zoning code as civil and criminal offenses with separate monetary or criminal penalties from chapter 1.15 MMC; and WHEREAS, 18.12.230 MMC established enforcement procedures, monetary penalties and restoration requirements for violations of the critical areas ordinance separate from chapter 1.15 MMC; and WHEREAS, the City has not adopted local enforcement procedures for its shoreline master program and relies on WAC 173-27-240 through 173-27-310 for enforcement of its shoreline master program and the Shoreline Management Act; and WHEREAS, the City has undertaken a review of its enforcement regulations to identify practices with the potential to improve the efficiency, effectiveness and economy of code enforcement; and WHEREAS, the goals of code enforcement are to achieve compliance with City regulations by utilizing progressive enforcement measures and matching enforcement measures to violation characteristics; and WHEREAS, the comprehensive plan provides the following goal related to enforcement regulations: • LU-G1: To maintain Medina's high -quality residential setting and character; WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to the Washington State Department of Commerce on November 20, 2009; and WHEREAS, the adoption of an ordinance pertaining to enforcement relates solely to governmental procedures and contains no substantive standards respecting use or modification of the environment and is therefore exempt from the requirements of the State Environmental Policy Act pursuant to WAC 197-11-800(19); and WHEREAS, after proper public notice was provided, the planning commission held a public hearing on November 16, 2009, and no public testimony was received; and WHEREAS, the planning commission forwarded a recommendation to the city council; and WHEREAS the city council provided notice and held a public hearing on February 8, 2010, to receive public testimony for and against the proposed code amendment, and to consider the planning commission's recommendation; and Ordinance No. 2 of 25 Page 53 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM OB -1 WHEREAS, the City Council adopts the following conclusions of the planning commission in support of its decision: A. Revisions to the code enforcement provisions are necessary to improve the overall effectiveness of the code enforcement program by establishing a citation procedure and by consolidating enforcement procedures and penalties, and clarifying enforcement regulations into a coherent code enforcement program. B. The inclusion of enforcement provisions for the Medina Shoreline Management Master Program will enhance the City's ability of meeting its mandate to take all actions necessary to make sure no shoreline uses or activities conflict with the Shoreline Management Act or the Medina Shoreline Management Master Program. C. The proposed revisions set forth in this ordinance are in the best interest of the City and protect the public health, safety and welfare. D. The enforcement procedures and revisions adopted by this ordinance are consistent with and further the goal of LU-G1 of the Medina comprehensive plan by improving the protection of residents from the effects of violations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Section 2.78.070 of the Medina Municipal Code is hereby amended to read as follows: 2.78.070 Hearing examiner — Duties. The hearing examiner shall review and act on the following: A. Appeals of administrative decisions/determinations, including but not limited to SEPA determinations, lot line adjustments, short subdivisions, administrative interpretations, temporary noise variances, code enforcement and any other decisions affecting a landowner's ability to develop property within the City: B. Conditional use permits; C. High bank density development permits; D. Planned land use development permits; E. Shoreline conditional use permits; F. Shoreline variances; G. Special use permits, except where reviewed administratively per MMC 14.08.020(B); H. Substantial development permits; I. Tree removal and pruning pursuant to Chapter 12.28 MMC; J. Variances, except where reviewed administratively per MMC 14.08.020(A); K. Historical use permits; L. Technical and Economic noise variances pursuant to Chapter 8.06 MMC: and M. Other matters as provided in the Medina Municipal Code and other ordinances. Section 2. Chapter 1.15 of the Medina Municipal Code is hereby repealed in its entirety. Section 3. A new chapter 1.15 of the Medina Municipal Code is hereby adopted to read as follows: Ordinance No. 3 of 25 Page 54 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB -1 Chapter 1.15 CODE ENFORCEMENT 1.15.010 Purpose. 1.15.020 Definitions. 1.15.030 Applicability. 1.15.040 Remedies not exclusive. 1.15.050 Types of enforcement action. 1.15.060 Initiation — investigation. 1.15.070 First Contact — Warning Notice. 1.15.080 Stop Work Order 1.15.090 Correction agreement. 1.15.100 Citation. 1.15.110 Contents of a citation. 1.15.120 Response to a citation. 1.15.130 Mitigation of fines. 1.15.140 Contesting citation hearing. 1.15.200 Notice of Violation. 1.15.210 Effective date and content of a notice of violation. 1.15.220 Appeal of a notice of violation. 1.15.230 Appeal hearing for a notice of violation. 1.15.300 Failure to appear at a hearing. 1.15.310 Final order for enforcement. 1.15.320 Method of service. 1.15.330 Monetary penalties. 1.15.340 Collection of monetary penalties. 1.15.350 Emergency order 1.15.400 Criminal violations. 1.15.500 Abatement by the City. 1.15.510 Entry to buildings and premises — warrants. 1.15.520 Lien authorized. 1.15.530 Suspension of permit. 1.15.540 Revocation of permit. 1.15.600 Duty not creating liability. 1.16.010 Purpose. The purpose of this chapter is to provide the authority and procedures to be used in enforcing the provisions set forth in this chapter. 1.16.020 Definitions. A. Words in this chapter used in the singular shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary. B. The following definitions shall apply to this chapter: 1. "Citation" means an order that represents a decision by a code enforcement officer that a violation has been committed. 2. "City" means City of Medina. 3. "Code enforcement officer" means the City employee designated by the City manager to enforce the provisions set forth in this chapter. 4. "Days" means calendar days. Ordinance No. 4 of 25 Page 55 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB -1 5. "Fine" means a monetary sum imposed as punishment for an offense. 6. "Incidental expenses" means personnel costs, both direct and indirect, attorneys' fees, costs incurred in documenting the violation, hauling, storage and disposal expenses, restoration costs, and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work and the costs of any required printing and mailing, and other expenses prescribed by law. 7. "Notice of Violation" means a notification that denotes an activity and/or condition is in violation of the law. 8. "Person responsible for the violation" means any person who commits any act or omission which is a violation or causes or permits a violation of the City code to occur or remain upon property in the City, and includes but is not limited to owners, lessees, tenants, contractors, subcontractors or other persons entitled to control, use and/or occupy property where a violation occurs. 9. "Repeat violations" means: a. The same or similar violation, as determined by the code enforcement officer, occurring on the same property within a consecutive 24-month time period. b. The same person committing the same violation or similar violation, as determined by the code enforcement officer, on a different property within the city limits of Medina within a consecutive 24-month time period. 10. "Violation" means an act or omission contrary to City code including a condition resulting from such act or omission. 1.15.030 Applicability. This chapter applies to any violations of: A. Title 17 MMC Zoning; B. Chapter 8.04 MMC, Nuisances; C. Chapter 8.06 MMC, Noise; D. Chapter 12.28 MMC, Tree Code; E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way; F. Chapter 14.12, Site Plan Review; G. Chapter 15.04, Building Codes; H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities; I. Chapter 18.04 MMC, Shoreline Management Master Program; and J. Chapter 18.12 MMC, Environmentally Sensitive Areas. 1.16.040 Remedies not exclusive. The procedures set forth in this chapter are not exclusive and shall not in any manner limit or restrict the City from remedying violations or abating violations in any manner authorized by law. 1.15.060 Types of enforcement action. A. The following is a list of enforcement actions for achieving code compliance: 1. Warning notice issued pursuant to MMC 1.15.070; 2. Citation issued pursuant to MMC 1.15.100; 3. Notice of Violation issued pursuant to MMC 1.15.200; 4. Misdemeanor pursuant to MMC 1.15.400. B. A citation and a notice of violation shall not be issued for the same violation. However, a citation and a notice of violation can be issued for the same activity or condition if there are Ordinance No. 5 of 25 Page 56 of 103 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB -1 multiple violations and each citation or notice of violation issued is consistent with the provisions of this chapter. 1.16.060 Initiation — investigation. The code enforcement officer may initiate an investigation of a violation in response to receipt of a complaint, field observations, or other reliable information. Any records associated with a complaint may be subject to the State Public Disclosure Law. 1.15.070 First contact —warning notice. A. When a code enforcement officer confirms the existence of a violation, the code enforcement officer may provide a warning to secure correction of the violation by contacting the person responsible for the violation, explaining the violation, and requesting corrective action within a reasonable time period. B. When written notice is provided, it shall be in the form of a warning notice and contain the following information: 1. The tax parcel number or street address where the violation occurred or is located; 2. A statement describing the violation and referencing the code section violated; 3. A date by which the violation must be corrected; 4. A statement of potential consequences for failure to complete the corrective action; and 5. Other information, as determined necessary by the code enforcement officer. C. A stop work order or an emergency order may serve as first contact in lieu of a warning notice. 1.16.080 Stop work order. A. Whenever a code enforcement officer finds any work being performed in a manner in violation of the provisions set forth in MMC 1.15.030, or in a dangerous or unsafe manner, the code enforcement officer is authorized to issue a stop work order. B. A stop work order shall be in writing on a form determined by the code enforcement officer and shall state the reason for the order and the conditions under which the work cited will be permitted to resume. C. A stop work order shall be given to the owner of the property involved, and/or to the owner's agent, and/or to the person doing the work. D. Upon issuance of a stop work order, the work cited shall immediately cease. 1.15.090 Correction agreement. A. A correction agreement is a voluntary compliance agreement where the person responsible for the violation agrees to correct a violation within a specified time period and in accordance with specified conditions. B. The City and the person responsible for the violation may enter into a correction agreement at any time. C. A correction agreement shall contain the following: 1. The name and address of the person responsible for the violation; 2. The street address or other description that is sufficient to identify the location of the violation; 3. A statement of each code section or requirement violated, and a concise description of the violation; Ordinance No. 6 of 25 Page 57 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Q E ITEM OB -1 4. The date the violation was observed; 5. A list of required corrective actions to remedy the violation, and a date and time by which the corrective actions must be completed; 6. A statement by the person responsible for the violation that: a. They committed the violation; b. They agree to waive the right to appeal the determination of a violation and the specified corrective action; c. The City may recover its costs and expenses, and monetary penalties from the person responsible for the violation if the terms of the correction agreement are not satisfied; 7. A statement by the property owner that the code enforcement officer may inspect the location of the violation as necessary to determine compliance with the correction agreement; and 8. Signature of the person to whom the correction agreement is directed and/or property owner, as applicable. If the code enforcement officer is not satisfied that the terms of the correction agreement are met, the person responsible for the violation shall be assessed monetary penalties consistent with MMC 1.15.330. Monetary penalties shall be assessed retroactively to the date the person responsible for the violation was first notified to take corrective actions. The code enforcement officer may grant a time extension for correcting a violation, or may modify the conditions for corrective action, if: 1. The person responsible for the violation has shown due diligence or substantial progress towards correcting the violation; and 2. Unforeseen circumstances delayed correction under the original conditions; and 3. The person responsible for the violation requests in writing and establishes a clear need for a time extension or modification of the original conditions. 1.15.100 Citation. I_1 A C. The following violations listed in MMC 1.15.030 shall be subject to the citation and/or criminal provisions set forth in this chapter: 1. Exceeding noise standards established in MMC 8.06.010 that are administered under the authority of the administrator or hearing examiner. 2. Failure to comply with the terms and conditions of a code of conduct, or construction mitigation plan issued pursuant to chapter 15.20 MMC. 3. Failure to comply with erosion control measures and erosion best management practices prescribed in chapter 13.06 MMC. 4. Failure to comply with a stop work order issued pursuant to MMC 1.15.300. 5. Failure to obtain to a tree removal permit as prescribed in MMC 12.28.030. A citation shall be issued in writing and carry a fine pursuant to MMC 1.15.330(A). Payment of the fine shall not relieve the person responsible for a violation from the obligation to correct, abate or stop the violation. Each day a violation continues to exist shall constitute a separate violation upon which a new citation may be issued and another fine assessed. Nothing in this chapter shall be construed to restrict the City's ability to issue a new citation or pursue other enforcement actions prescribed by this chapter as long as the violation continues to exist. Ordinance No. 7 of 25 Page 58 of 103 ITEM OB -1 1 1.16.110 Contents of a citation. 2 3 A. A citation shall contain the following: 4 1. The name and address of the person being cited; 5 2. The street address or other description that is sufficient to identify the location of the 6 violation; 7 3. A statement of each code section or requirement violated; 8 4. The date of the violation; 9 5. A statement of the fine being imposed pursuant to MMC 1.15.330(A); 10 6. A statement that the person named in the citation must respond within 14 days after 11 the citation was served; 12 7. A statement of the options to respond and the procedures to exercise these options; 13 8. A statement that the citation represents a final decision, unless contested as 14 provided for in this chapter; 15 9. A certified statement by the code enforcement officer, authorized by RCW 16 9A.72.085, setting forth facts supporting the citation; and 17 10. Other pertinent information, as determined by the City. 18 B. The code enforcement officer may amend the citation at any time to correct clerical errors or 19 to cite additional authority for a stated violation. 20 C. The code enforcement officer may withdraw a citation at any time if it was issued in error. 21 D. The citation shall be served upon persons responsible for a violation by one of the methods 22 prescribed in MMC 1.15.310. 23 24 1.15.120 Response to a citation. 25 26 A. A person named in a citation must respond to the citation by one of the following methods: 27 1. Pay the fine, in which case the record shall show the person named has committed 28 the violation; or 29 2. Request a mitigation of the fine, in which case the person named agrees they 30 committed the violation, but want to present mitigating circumstances in determining 31 the fine; or 32 3. Request a contested hearing and appeal the issuance of the citation and fine. 33 B. When requesting a mitigation of the fine, or a contested hearing, the person named in the 34 citation shall make the request in writing and include an address and contact information 35 where notices should be sent. 36 C. A response to a citation must be received no later than 14 days after the date the citation 37 was served. The response shall be delivered by mail or by hand to the address listed on the 38 citation. If mailed, the date post marked shall be considered the date of the response. 39 D. Failure to respond to the citation within the specified time period shall result in a final order 40 being entered that the person named in the citation committed the violation stated and that 41 the fine specified shall be assessed. 42 E. Payment of a fine shall not relieve the person named in the citation of the responsibility to 43 cure, abate or stop the violation. 44 F. A request for a contested hearing shall not stay further enforcement action, or relieve the 45 person responsible for the violation from correcting the violation. 46 Ordinance No. 8 of 25 Page 59 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM OB -1 1.15.130 Mitigation of fines. A. If a person named in a citation responds with a request for a mitigation of the fine, the person shall include a written explanation of the circumstances why the fine should be reduced. B. By requesting a mitigation of the fine, the person named in the citation agrees to waive the right to appeal the citation and final determination of the fine. C. The City manager or designee, after considering the written explanation of the circumstances, may reduce the fine by not more than 50 percent provided that the person named in the citation has: 1. Corrected the violation within the 14 days set forth in MMC 1.15.120(C). 2. Contacted the code enforcement officer to verify that the violation has been corrected. D. The person named in the citation has the burden of proof to demonstrate the violation has been corrected. E. The City manager or designee's decision to mitigate a fine shall be based on an evaluation of individual circumstances including, but not limited to: 1. Severity of the violation; 2. Repeat violations; 3. The public interest being protected; and 4. The responsiveness to correct, abate, or stop the violation. F. The decision to mitigate the fine shall be made in writing. A copy of the decision shall be sent to the person named in the citation and any other party who requests in writing a copy of the decision. 1.16.140 Contested citation hearing. A. If a person named in a citation responds with a request for a contested hearing, they shall specify the reason why the cited violation did not occur, or why the person named in the citation is not responsible for the violation. B. The hearing examiner shall hold a hearing within 60 days after the City's receipt of the response. C. Notice of the time, place and date of the hearing shall be sent by first class mail at least 10 days prior to the date of the hearing to the address provided in the response. D. A contested hearing shall be conducted as an open record hearing in accordance with the rules set forth in MMC 2.78.060 and supplemented by this chapter. E. Each party to the hearing shall be allowed to: 1. Call, examine and cross-examine witnesses on any matter relevant to the issues of the hearing, subject to reasonable limitation by the hearing examiner; 2. Offer evidence; 3. Rebut evidence; and 4. Represent themselves or by anyone of their choice who is lawfully permitted to do so. F. The City may request dismissal of a request for a contested hearing, and the hearing examiner is authorized to grant such dismissal if the response to the citation is untimely, incomplete, frivolous, or the reasons stated are beyond the hearing examiner's jurisdictional authority. G. The certified statement or declaration, authorized by RCW 9A.72.085, submitted by the code enforcement officer shall be prima facie evidence that the stated violation occurred and that the person named is responsible. The certified statement or declaration of the code Ordinance No. 9 of 25 Page 60 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM OB -1 enforcement officer authorized under RCW 9A.72.085 and any other evidence accompanying the report shall be admissible without further evidentiary foundation. H. The person named in the citation may rebut the City evidence and establish that the cited violation did not occur or that the person named is not responsible for the violation. I. The hearing examiner shall consider the evidence and testimony presented at the hearing and based on this information shall reverse or affirm the citation and/or fine in whole or in part. The hearing examiner's decision shall be issued within 15 days following the close of the hearing. J. The hearing examiner's decision is a final order pursuant to MMC 1.15.310. Any judicial review must be commenced in King County Superior Court within 21 days in accordance with RCW 36.70C.040. K. A copy of the decision shall be sent to the person named in the citation and any party requesting in writing a copy of the decision. 1.16.200 Notice of Violation. A. All violations of the Medina Municipal Code set forth in MMC 1.15.030, except as otherwise provided in MMC 1.15.100, shall be subject to the notice of violation and/or criminal provisions set forth in this chapter. B. Whenever a warning notice issued pursuant to MMC 1.15.070, or other efforts, fails to gain correction of a violation, the code enforcement officer may initiate notice of violation procedures. C. The issuance of a notice of violation shall be in writing and may carry monetary penalties pursuant to MMC 1.15.330(B). Payment of a monetary penalty shall not relieve the person responsible for the violation from the obligation to correct, abate or stop the violation. D. The notice of violation represents a determination that the person named in the notice is responsible for the violation and must correct the violation by the date stated in the notice. A correction agreement as set forth in MMC 1.15.090 may be incorporated into the notice of violation at the discretion of the code enforcement officer. E. Failure to respond to the notice of violation within the time period specified shall result in the person named in the notice of violation being found to have committed the violation stated in the notice and are responsible for paying any monetary penalties assessed in the notice. The code enforcement officer shall note in writing the failure to respond and this shall constitute a final order pursuant to MMC 1.15.310. F. The code enforcement officer may at any time add to, rescind in part, or otherwise modify a notice of violation by issuing a supplemental notice of violation. The supplemental notice of violation shall be governed by the same procedures applicable to all notice of violations set forth in this chapter. G. The code enforcement officer may withdraw a notice of violation if it was issued in error. H. The notice of violation shall be served by one of the methods prescribed in MMC 1.15.320. I. Each day a violation continues to exist shall constitute a separate violation. Nothing in this chapter shall be construed to restrict the City's ability to issue a new notice of violation or pursue other enforcement actions prescribed by this chapter as long as the violation continues to exist. 1.15.210 Effective date and content of a notice of violation. A. A notice of violation shall be effective on the date it is served. B. A notice of violation shall contain the following: 1. The name and address of the person being cited; Ordinance No. 10of25 Page 61 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB - 1 2. The street address or other description that is sufficient to identify the location of the violation; 3. A statement of each code section or requirement that was violated; 4. The date the violation was observed and a time and date for compliance; 5. A list of suggested corrective actions to remedy the violation; 6. A statement that the notice of violation shall become a final decision, unless appealed pursuant to MMC 1.15.220; 7. A statement of the appeal procedures consistent with MMC 1.15.220 8. A statement that failure to file a timely and complete appeal shall constitute a waiver of the right to appeal the notice of violation; 9. The signature of the code enforcement officer issuing the notice of violation; and 10. Other pertinent information, as determined by the code enforcement officer. 1.15.220 Appeal of a notice of violation. A. Upon service of a notice of violation, the person named in the notice of violation shall have 14 days to request an appeal hearing before the hearing examiner. B. The request for an appeal hearing must be in writing and must be accompanied by the appropriate fee. C. The content of the appeal must include the following information: 1. A brief statement of the grounds for the appeal; 2. Facts or evidence upon which the appeal is based; 3. A complete copy of the notice of violation; and 4. The mailing address and contact information where notices can be sent. D. The appeal shall be filed at the address indicated on the notice of violation. E. If an appeal is filed, during the pendency of the appeal hearing, all activities associated with the alleged violation cited on the notice of violation shall cease. Any penalty accruing shall be stayed pending the outcome of the appeal hearing. 1.15.230 Appeal hearing for a notice of violation. A. The hearing examiner shall hold the appeal hearing within 90 days after the City's receipt of the request for an appeal hearing. B. Notice of the time, place and date of the hearing will be sent by first class mail at least 10 days prior to the date of the hearing to the address provided in the appeal. C. The appeal hearing shall be conducted as an open record hearing in accordance with the rules for hearings set forth in MMC 2.78.060 and supplemented by this chapter. D. Each party to the hearing shall be allowed to: 1. Call, examine and cross-examine witnesses on any matter relevant to the issue of the hearing, subject to reasonable limitations by the hearing examiner. 2. Introduce evidence. 3. Rebut evidence. 4. Represent themselves or anyone of their choice who is lawfully permitted to do so. E. The City may request dismissal of a request for an appeal hearing, and the hearing examiner is authorized to grant such dismissal, if the filing of the appeal is untimely, incomplete, frivolous, or the reasons stated are beyond the hearing examiner's jurisdictional authority. F. The City has the burden of proof by a preponderance of the evidence that the person named in the notice of violation committed the violation. G. Following review of the submitted evidence, the hearing examiner shall make written findings and conclusions: Ordinance No. 11 of 25 Page 62 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB -1 1. Affirming or modifying the notice of violation if the hearing examiner finds that a violation occurred and the person named in the notice of violation is responsible for the violation; or 2. Reversing the notice of violation if the hearing examiner finds that either no violation occurred, or the person named in the notice of violation did not commit the violation. H. The hearing examiner's decision is a final order pursuant to MMC 1.15.310. Any judicial review must be commenced in King County Superior Court within 21 days in accordance with RCW 36.70C.040. I. A copy of the hearing examiner's decision shall be provided to all parties involved in the appeal hearing and any party requesting in writing a copy of the decision. J. Optional hearing examiner prehearing briefing process: 1. A prehearing briefing process may be conducted: a. By agreement of the parties to the appeal; or b. At the hearing examiner's own initiative. 2. The purpose of a prehearing briefing is to facilitate a full and fair hearing on the merits in cases that may involve complex or confusing factual issues or legal arguments. 1.15.300 Failure to appear at a contested or appeal hearing. A. Failure to appear at a hearing to contest a citation or appeal of a notice of violation shall result in a final order entered finding the person named to have committed the violation and the penalties assessed. In addition, the hearing examiner may include in the order an administrative fee for the cost of scheduling the hearing. B. For good cause shown and upon terms the hearing examiner finds just, the hearing examiner may set aside an order entered for failure to appear. 1.15.310 Final order for enforcement. A. A final order constitutes a final determination that a violation has occurred, the person named is responsible for the violation, and administrative options to contest the decision are exhausted. B. If after any order duly issued by the code enforcement officer or hearing examiner becomes final, and the person, firm or corporation to whom the order is directed does not obey the order, including refusal to pay monetary penalties assessed under the order, the City may: 1. Cause such person, firm, or corporation to be prosecuted under the provisions of this chapter; 2. Institute appropriate action to collect monetary penalties in accordance with the provisions of this chapter; 3. Abate the violation in accordance with provisions of this chapter and state law; 4. Pursue other reasonable remedies as allowed by law. 1.15.320 Method of service. A. Warning notices, citations and notice of violations shall be served upon the responsible person to whom it is directed by one or more of the following methods: 1. Personal service, or by leaving a copy at the person's usual abode with a person over the age of 18 who resides there; 2. Mailing a copy of the notice to such person at his/her last known address; and/or 3. Posting a copy of the notice in a conspicuous place on the affected property or structure. Ordinance No. 12 of 25 Page 63 of 103 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ITEM OB -1 B. Proof of service shall be made by a written declaration under penalty of perjury by the person serving the notice, declaring the date and time of service and the manner by which service was made. C. Service by mail shall be effective on the date of postmark. D. Failure of any person to actually receive the warning notice, citation, or notice of violation shall not invalidate any code enforcement action. 1.16.330 Monetary penalties. A. Monetary penalties for a citation shall be in accordance with Table MMC 1.15.330: Table MMC 1.15.330 Second Third & Code Provision First Violation Violation Subsequent Violations Exceeding Noise Standards $100 $200 $500 Failure to comply with code of conduct or construction $100 $400 $750 mitigation plan Failure to comply with erosion control measures $100 $200 $500 and best management practices Failure to comply with a $300 $750 $1,500 stop work order Failure to obtain a tree $100 $400 $750 removal permit B. Monetary penalties for a notice of violation shall be as follows: 1. First day of each violation, $100; 2. Second day of each violation, $200; 3. Third day of each violation, $300; 4. Fourth day of each violation, $400; 5. Each additional day of violation beyond four days, $500 per day. 1.16.340 Collection of monetary penalties A. When an order becomes final, the City at its option may: 1. Collect the monetary penalties through its own efforts; 2. Assign to a collection agency the collection of any monetary penalties or cost of abatement that have been assessed under the provisions of this chapter; and/ or 3. Commence a civil action in any court of competent jurisdiction to collect the monetary penalties and abatement costs assessed under the provisions of this chapter. B. The monetary penalties and abatement costs are deemed public debt and the City may retain collection agencies to collect such debt pursuant to RCW 19.16.500, as presently existing or as subsequently may be amended. C. The City may convert the hearing examiner's order or final order into a judgment. 1.16.350 Emergency Order. Ordinance No. 13 of 25 Page 64 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 A. B. C. D. E. ITEM OB -1 The code enforcement officer may issue an emergency order whenever the City becomes aware of a condition or activity that creates an immediate and emergent threat to the public health, safety or welfare or to the environment. The emergency order shall state the reason for the order and the conditions that must be remedied. Upon issuance of an emergency order, the cited activity shall cease and any unsafe or dangerous condition shall be immediately remedied, including by immediate abatement by the City if the code enforcement officer finds it necessary. The person named in the emergency order may appeal the order within 14 days from the date of issuance of the order in accordance with the same procedures for appealing a notice of violation set forth in MMC 1.15.220. An appeal of an emergency order shall not stay the requirement to immediately take action to remedy any dangerous or unsafe conditions. 1.15.400 Criminal violations. A In addition to, or as an alternative to the civil violation actions prescribed by this chapter, the code enforcement officer may refer a violation to the City prosecuting attorney who shall have the ability to file the violation as a criminal misdemeanor in a court of competent jurisdiction. B Any person who willfully or knowingly violates any city code or regulation by way of repeat violations, or by any act of commission or omission procures, aids or abets such violation, is guilty of a criminal misdemeanor and upon conviction shall be punishable by a fine not to exceed $1,000, or imprisonment for a term not to exceed 90 days, or both. Each day during which a violation continues to exist shall be considered an additional violation. 1.15.500 Abatement by the City. A. The City may abate a condition which was caused by, or continues to be, a code violation when: 1. The terms of a correction agreement prescribed by this chapter have not been met; or 2. A citation was issued pursuant to this chapter, the period for filing a contested hearing has expired, and the required correction has not been completed; or 3. A notice of violation was issued pursuant to this chapter, the period for filing an appeal has expired, and the required correction has not been completed; or 4. The condition is subject to an emergency order and summary abatement as prescribed by this chapter, or other specific provisions of City or state law. B. Whenever a violation of a regulation causes a condition, of which the continued existence constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the City may summarily, and without prior notice, abate the condition. 1. Notice of the summary abatement shall be given after the abatement to the person responsible for the violation as soon as reasonably possible. The notice shall include the reason for the summary abatement. 2. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats. C. Using any lawful means, the City or its agents may enter upon the subject property for summary abatement, and may remove or correct the condition which is subject to the Ordinance No. 14 of 25 Page 65 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ITEM OB -1 abatement. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition. D. Any person, who knowingly obstructs, impedes or interferes with the City or its agents, or with the person responsible for the violation, in the performance of duties imposed by this chapter, shall be guilty of a misdemeanor punishable pursuant to MMC 1.15.400. E. The costs of the abatement, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within 30 days. All such costs and expenses shall constitute a lien against the affected property. F. Restoration costs may include, but are not limited to: 1. Replacement of all improperly removed trees and vegetation with approved species such that the biological and habitat values will be replaced to the greatest extent possible. 2. The cost of studies by qualified experts to determine the conditions which were likely to exist prior to alteration and the most effective means of restoration shall be included. 3. Costs of restoration shall also include installation of interim and emergency erosion control measures until such time as the restored site complies with City requirements. 1.15.610 Entry to buildings and premises — warrants. A. Whenever it is necessary to make an inspection to determine if a violation has occurred or is occurring, or to enforce any provision of the Medina Municipal code, or enforce any corrective actions issued under this chapter, the code enforcement officer may enter any building or premises at any reasonable time, provided: 1. If the subject building or premises is occupied, the code enforcement officer shall first present credentials and request entry; or 2. If the subject building or premises is not occupied, the code enforcement officer shall first make a reasonable effort to locate the owner or other person having charge of the building or premises and request entry. 3. If such entry is refused or the owner or other person having charge of the building or premises cannot be located, the code enforcement officer shall have recourse to every remedy provided by law to secure entry, including recourse to a court of competent jurisdiction for issuance of a warrant authorizing such entry and inspection. 4. If the code enforcement officer believes that the conditions create an immediate and irreparable health or life safety hazard, the code enforcement officer may make entry. B. It is unlawful for any owner, occupant or any other person having charge, care or control of any building, structure, property or portion thereof, after proper demand has been given, to fail or neglect to permit the code enforcement officer prompt entry. Ordinance No. 15 of 25 Page 66 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM OB -1 1.16.520 Lien authorized. A. The City shall have a lien for any monetary penalty imposed, the cost of any abatement work done pursuant to this chapter, together with any costs including personnel costs, both direct and indirect, and attorney and expert witness fees against the real property on which the monetary penalty was imposed or any abatement work performed. B. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity. C. The code enforcement officer shall cause a claim for lien to be filed for record within 90 days from the date that the monetary penalty is due or the date the work is completed or the vio- lations abated, whichever is later. 1. The claim of lien shall contain sufficient information regarding the notice of violation, as determined by the applicable code enforcement officer, description of the property to be charged with the lien and the owner of record, and the total amount of the lien. 2. Any such claim of lien shall be verified by the code enforcement officer, and may be amended from time to time to reflect changed conditions. 3. No such liens shall bind the affected property for a period longer than five years, without foreclosure or extension agreed to by the property owner. 4. The code enforcement officer may record supplemental or modified liens as necessary. 5. The City may foreclose any lien as if it were a mechanics lien. 1.16.630 Suspension of permits. A. The City manager or designee may temporarily suspend any permit issued by the City under any ordinance for failure of the holder or the holder's contractor or agent to comply with the requirements of an issued permit, an issued notice of violation or citation, or a stop work order or emergency order. B. Such permit suspension shall be carried out by the notice of violation provisions of this chapter, and the suspension shall be effective upon service of the notice of violation on the holder or holder's contractors or agents. The holder or holder's contractors or agents may appeal such suspension as provided by this chapter for a notice of violation. C. Notwithstanding any other provision of this chapter, whenever the City manager or designee finds that a violation of any City ordinance, or rules and regulations adopted hereunder, has created, or is creating, an unsanitary, dangerous or other condition which is deemed to constitute an immediate and irreparable hazard, suspension and termination of operations under the permit may be required immediately without service of a written notice of violation. 1.15.540 Revocation of permit. A. The City manager or designee may permanently revoke any permit issued by the City under any ordinance for any of the following reasons: 1. Failure of the holder or holder's contractors or agents to comply with the requirements of any issued permit; or 2. Failure of the holder or holder's contractors or agents to comply with any notice of violation issued pursuant to this chapter; or 3. Interference with the code enforcement officer in the performance of official duties; or 4. Discovery that a permit was issued on the basis of incorrect information supplied to the City. Ordinance No. 16 of 25 Page 67 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB -1 B. Such permit revocation shall be carried out through the notice of violation provisions of this chapter and the revocation shall be effective upon service of the notice of violation upon the holder or holder's contractors or agents. C. A revocation may be appealed as provided for by this chapter for a notice of violation. D. A permit may be suspended pending its revocation or a hearing relative thereto. 1.16.600 Duty not creating liability. No provision or term used in this chapter is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action. Section 4. Section 8.04.010 of the Medina Municipal Code is hereby amended to read as follows: The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings: A. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community. B. "Building materials" means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete, concrete block, roofing material, cans of paint, construction debris, and similar materials. C. "Enforcement officer" means the (( k)) the City emplovee(s) designated by the City manager to enforce the provisions set forth in this chapter. D. "Premises" means any building, lot parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks, parking strips and right-of-way. E. "Owner" means any person having an ownership interest in the property where the nuisance occurs listed in the records of the King County Assessor. F. "Person" means any natural person, joint venture, partnership, association, corporation, trust or any other legal person and the managers, officers, employees or agents of such legal person. G. "Person in control" of the property where the nuisance occurs means any person in actual or constructive possession of the property including, but not limited to, an owner, occupant, agent, or property manager of the property. G. "Responsible person" means any person (( )) in control of ((aRy pFeFnd6e6, a*Gept the ^ ^F)) the property where the nuisance occurs. Section 5. Section 8.04.050 of the Medina Municipal Code is hereby amended to read as follows: 8.04.050 Abatement — Notice. A. An enforcement officer having knowledge of any public nuisance, shall cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within 10 days after notice or other reasonable period. B. If the enforcement officer determines that an emergency exists, the nuisance may be ordered to be abated within 24 hours. Ordinance No. 17 of 25 Page 68 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB -1 C. If the enforcement officer is unable to deliver personal notice to the owner or other responsible person, notice requirements shall be satisfied by posting a copy of the order on the premises and mailing a copy to the owner or responsible person at the address of the premises or at any other address known to the enforcement officer. D. The notice shall be in substantially the following form: NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION As (( )) the person in control of the property (( )) at (Street Address, , you are hereby notified that the undersigned pursuant to the Medina Municipal Code has determined that there exists upon or adjoining said ((pFemise6)) property the following condition contrary to the provisions of subsection of Section 8.04.020((-)): in the condition causing the nuisance, You are hereby notified to abate said condition to the satisfaction of the undersigned within 10 days of the date of this notice. If you do not abate such condition within 10 days, the City may abate the condition at your expense. Abatement is to be accomplished in the following manner: Appeal: You may appeal this determination to abate unsafe or unlawful conditions to the Medina hearing examiner pursuant to MMC 8.04.070. Dated: (Name of Enforcement Officer) By: Section 6. Section 8.04.070 of the Medina Municipal Code is hereby amended to read as follows: 8.04.070 Abatement by city — Appeal. A. Any owner or responsible person may appeal an order determining a nuisance by filing a written appeal with the Citv stating the basis for the appeal. ((, B. Appeals shall be governed by the provisions set forth in MMC 1.15.220 and MMC 1.15.230 for a notice of violation. C. If the enforcement officer determines an emergency exists, appeals shall be governed by the provisions set forth in MMC 1.15.030 for an emergency order. Ordinance No. 18 of 25 Page 69 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM OB -1 Section 7. Section 8.04.100 of the Medina Municipal Code is hereby amended to read as follows: 8.04.100 Abatement by city — Lien. A. The ((sit clerk)) enforcement officer shall forward to the owner and responsible person, by registered or certified mail, a notice setting forth the total costs of abatement. B. If the abatement costs are not paid within 30 days from the date of the notice, the cost of abatement shall constitute a lien on the property from which the nuisance was removed. C. Such lien may be enforced in the same manner as a mortgage and shall bear interest at the legal rate of interest from the date of notice of the lien. Section 8. Section 8.04.110 of the Medina Municipal Code is hereby amended to read as follows: 8.04.110 Violation — Penalty. Any person violating or failing to comply with any provision of this chapter shall be subject to the provisions and penalties set forth in chapter 1.15 MMC. (( )) The abatement of nuisance is not a penalty for violating this chapter, but an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance. Section 9. Section 8.06.010 of the Medina Municipal Code is hereby amended to read as follows: 8.06.010 Portions of King County Code adopted by reference. A. Noise Control Provisions Adopted. The provisions of King County Code Chapters 12.86 through 12.100 governing excessive noise and noise control are hereby adopted by reference. All future amendments, alterations and additions to said Chapters 12.86 through 12.100 of the King County Code are also adopted by reference. At least one copy of Chapters 12.86 through 12.100 of the King County Code is on file with the city clerk. B. Amendments. The following amendments are adopted: 1. Section 12.87.030 is amended to state that "administrator" means the city manager or his designated representative. 2. Section 12.87.070(B) is amended to read as follows: "Residential district" includes areas designated in the Medina Municipal Code as R-16, R-20, R-30 and SR-30. 3. Section 12.87.070(C) is amended to read as follows: "Commercial district" includes zones designated in the Medina Municipal Code as NA. 4. Section 12.96.010(D) is amended to read as follows: Ordinance No. 19 of 25 Page 70 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ITEM OB -1 No variance shall be granted pursuant to this section until the administrator or Hearing Examiner has considered the relative interests of the applicant, other owners or possessors of property likely to be affected by the noise, and the general public. A technical or economic variance may be granted only after a public hearing on due notice. The administrator or Hearing Examiner may grant a variance, if he finds that: 1. The noise occurring or proposed to occur does not endanger public health or safety; and 2. The applicant demonstrates the criteria required for temporary, technical or economic variance under Section 12.96.020. 5. Section 12.96.020(B) is amended to read as follows: Technical variance. A technical variance may be granted by the Hearing Examiner on the grounds that there is no practical means known or available for the adequate prevention, abatement or control of the noise involved. Any technical variance shall be subject to the holder's taking of any alternative measures that the Hearing Examiner may prescribe. The duration of each technical variance shall be until such practical means for prevention, abatement or control become known or available. The holder of a technical variance as required by the hearing Examiner, shall make reports to the administrator detailing actions taken to develop a means of noise control or to reduce the noise involved and must relate these actions to pertinent current technology. 6. Section 12.96.020(C) is amended to read as follows: Economic variance. An economic variance may be granted by the Hearing Examiner on the ground that compliance with the particular requirement or requirements from which the variance is sought will require the taking of measures that, because of their extent or cost, must be spread over a period of time. The duration of an economic variance shall be for a period not to exceed such reasonable time as is required in the view of the hearing Examiner for the taking of the necessary measures. An economic variance shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to the timetable. 7. Section 12.99.010 is amended to read as follows: Enforcement. Violation of the provisions of Chapter 12.86 through 12.100 shall be subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC ++ + (( a 61VPanishabl rea by free AGt +e evneed $600 Each day the oo�ae 11 infrastien� )). In addition to ((seekinq)) impositions of the fines provided herein for any violation, such violations may be enjoined or abated as a nuisance under the provisions of Medina Municipal Code Chapter 8.04. 8. Section 12.99.020 is amended to read as follows: Appeals. Any person aggrieved by a final order of the administrator, may appeal to the Medina Hearing Examiner pursuant to MMC 2.78.070 of the Medina Municipal Code. Appeal of a final order ((by)) of the Hearing Examiner shall be pursuant to MMC 2.78.100. Ordinance No. 20 of 25 Page 71 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ITEM OB -1 Section 10. Section 12.28.280 of the Medina Municipal Code is hereby amended to read as follows: 12.28.280 Violation - Penalty. Violation of any provision of this chapter shall be subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC (( vin L,tinn .6 a tree removed- kNathn,,t .+ ermit)) Section 11. Section 12.32.080 of the Medina Municipal Code is hereby amended to read as follows: 12.32.080 Violation - Penalty. Violation of any provision of this chapter shall be_subiect to the enforcement provisions and penalties set forth in chapter 1.15 MMC ((GGnstitute )) Section 12. Section 14.12.080 of the Medina Municipal Code is hereby amended to read as follows: Violation _ofany provision of this chapter shall be subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC. ._NoUrm rrr.--�.,Wn .... - 1 ON •_ Ordinance No. 21 of 25 Page 72 of 103 ITEM OB -1 1 and impFiseRed Each day Of noncomFliai ce with the-PreviGians of this shapteF Shall 2 . 3 Estop Welk QFdcr. Whg^ever a cvntiiivin^g vislatien of this chapter essUFs—the sib 4 5 6 GFdeF shall GGRstitute a vialatiGR of this GhapteF. 7 F. Addition -al Relief. The Gity Fnay 6eek legal OF equitable Felief te eRjGiR aRy aGts OF pFaGt*Ge6 8 )) 9 10 Section 13. Section 15.20.090 of the Medina Municipal Code is hereby amended to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 read as follows: 15.20.090 Violations and penalties. Violation of any provision of this chapter shall be subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC. Ordinance No. 22 of 25 Page 73 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT ITEM OB - 1 Section 14. Section 17.04.060 of the Medina Municipal Code is hereby amended to read as follows: 17.04.060 Violation — Penalty. Any violation of title 17 MMC shall be subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC (( ))• Section 16. Section 17.80.130 of the Medina Municipal Code is hereby deleted. Section 16. Section 17.90.180 of the Medina Municipal Code is hereby deleted. Section 17. Section 17.92.010 of the Medina Municipal Code is hereby deleted. Section 18. Section 18.12.230 of the Medina Municipal Code is hereby amended to read as follows: 18.12.230 Unauthorized alterations, enforcement and penalties. The provisions set forth in this section shall apply to all violations of this chapter. Penalty and enforcement provided herein shall not be deemed exclusive, and the city may pursue any appropriate remedy or relief. A. Enforcement and Penalties. (( Ordinance No. 23 of 25 Page 74 of 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DRAFT ITEM OB -1 )) Violation of any provision of this chapter shall be subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC. B. Damages. Any person, firm, corporation or association or agent thereof who violates any of the provisions of this chapter shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to an equivalent or improved condition prior to the violation. C. Restoration. All development work shall remain stopped until a restoration plan is prepared and approved by the city of Medina, unless, in the opinion of the city manager or designee, stopping work will result in a greater critical area impact or hazard. In such an instance, the city manager or designee may require additional, temporary work to reduce the critical area impact or hazard until a restoration plan can be approved. The restoration plan shall be prepared in accordance with MMC 18.12.180. Restoration shall include, but not be limited to, removal of any unauthorized fill and replacement of unauthorized cleared vegetation with native species similar to those which were removed or other approved species such that the hydrological, biological and habitat functions and values are restored. Studies by a qualified expert shall be conducted to determine the conditions which were likely to exist prior to the illegal alteration. Restoration shall also include installation and maintenance of interim and emergency erosion control measures until such time as the restored site complies with city requirements. D. Stop Work Orders. When a critical area or its buffer has been altered in violation of this title, all ongoing development work shall stop and the critical area shall be restored at the owner's or other responsible party's expense. The city shall stop work on any existing permits and halt the issuance of any or all future permits or approvals for any activity which violates the provisions of this chapter until the violation is resolved and all penalties are paid in full. Section 19. A new section 18.04.030 of the Medina Municipal Code is hereby adopted to read as follows: 18.04.030 Violations and penalties. Violation of any provision of this chapter shall be subject to the enforcement provisions and penalties in chapter 1.15 MMC and Washington Administrative Code 173-27-240 through 173- 27-310. Section 20. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 21. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. Ordinance No. 24 of 25 Page 75 of 103 DRAFT ITEM OB -1 1 PASSED BY THE CITY COUNCIL ON THIS _ DAY OF 2010 AND SIGNED IN 2 AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2010. 3 4 5 6 7 Approved as to form: Steve Victor, City Attorney Bret Jordan, Mayor Attest: Rachel Baker, City Clerk Ordinance No. 25 of 25 Page 76 of 103 ITEM OB-1 of M CITY OF MEDINA Development Services 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.454.8490 (fax) r. ed-M2 a.c�ov STAFF REPORT Enforcement Procedures Summary: Proposed code amendments to the code enforcement sections of the Medina Municipal Code to add citation procedures to chapter 1.15 for certain violations, revise and consolidate code enforcement procedures under chapter 1.15 to create a more cohesive enforcement program, add local enforcement procedures to the shoreline management master program, and add duties to the hearing examiner to adjudicate code enforcement actions. Part 1 - Introduction: 1. REGULATORY REVIEW CRITERIA: a. RCW 35A.11.020 grants the city council the authority to adopt and enforce ordinances of all kinds relating to and regulating local affairs and appropriate to the good of the City that are not in conflict with state law. Any violation of such ordinances constitutes a misdemeanor or gross misdemeanor, or as an alternative can be designated as a civil violation subject to monetary penalties provided that no act which is a state crime may be made a civil violation. b. RCW 90.58.200 and RCW 90.58.210 grants to local government the authority to adopt enforcement procedures as are necessary and appropriate to carry out the provisions of the Shoreline Management Act (chapter 90.58 RCW). The enforcement regulations may be adopted separate from and are not required to be made part of the local shoreline management master program. Part 2 — Public Participation: 1. NOTICES: • Notice for the planning commission public hearing was published in the Seattle Times newspaper on December 1, 2009, and posted at city hall on November 23, 2009. • Notice of the planning commission and council agendas are posted at city hall. The planning commission held meetings on the subject at their regularly scheduled meetings on April 29, May 21, July 28, September 22, October 27, and November 17, 2009. Staff Report: Code Enforcement 1 of 16 Page 77 of 103 ITEM OB-1 2. PUBLIC COMMENTS RECEIVED (as of December 7, 2009): Who Summary of Comments None received Part 3 — Staff Analysis: BACKGROUND: The proposal to revise the city's administrative code enforcement procedures was formulated from the frequent complaints associated with construction received by the city. Citizens have expressed concerns that the code enforcement program does not offer strong enough disincentives to dissuade violations like blocking private lanes, inadequate erosion control measures, and construction parking spill- over from occurring. 2. This perception about a lack of disincentive can be found in the existing code enforcement procedures being time-consuming and cumbersome. In summary, at the root of the problem is that the code enforcement tools available to the City are not very effective in addressing certain types of violations. This will be discussed later in this report. 3. The principals of enforcement of zoning and similar ordinances are based on nuisance avoidance laws. The overall principal is that local government may take action to prevent things that would cause harm or offense to people in the general public. Originally, enforcement relied on a person being charged with a criminal misdemeanor, or with a civil action being brought in a court of law. The problem with this approach is that criminal offenses carry a much higher burden of proof to establish guilt than can be shown for most zoning and similar ordinance types of violations. Adding to the difficulty is that most judges are not familiar with land use issues and have a hard time comparing a zoning violation with a criminal offense such as robbery. 4. Because of the difficulties, many jurisdictions, including Medina, have opted to decriminalize violations of zoning and similar ordinances. Instead, they are designated as civil violations and administrative civil enforcement procedures are adopted to address them. The advantage of decriminalizing a violation and designating it as a civil offense is that it carries a much lower burden of proving guilt ("preponderance of evidence" or "clear and convincing evidence" compared to "beyond a reasonable doubt" for criminal offenses). Civil violations carry monetary penalties that provide restitution for the wrongdoing committed by the person. The act of restitution serves as a disincentive that is meant to dissuade a person from committing the violation in the first place. 5. The City has a notice and order (notice of violation) process in chapter 1.15 MMC that contains administrative civil enforcement procedures. However, this process is cumbersome for certain types of violations. One possible solution can be found in the police department's authority to issue citations when construction work occurs outside of certain hours. The authority to issue a citation has been viewed as a very Staff Report: Code Enforcement 2 of 16 Page 78 of 103 ITEM OB-1 effective tool with preventing most construction activity from occurring during late evening hours and Sunday. 6. Notice of Violation v. Citation a. The difference between a notice of violation and a citation is that a citation carriers an immediate fine for having committed the violation and a notice of violation provides a specified amount of time to correct a violation without a monetary penalty automatically being assessed. b. The advantage of a citation is that it provides a tool for addressing violations that tend to be a single event, which are momentary in nature, and are easy and quick to resolve. It allows for quick action. Violations that are of a momentary nature do not tend to lend themselves well to longer more engage processes such as the notice of violation, which is discussed in more detail below. Examples of violations that are momentary in nature include illegal parking, excessive noise, lack of erosion control measures, violating stop work orders, and other construction related types of violations. c. The advantage of a notice of violation is that it provides a tool for addressing violations that are longer in duration, or require more extensive action to resolve. Underlying the notice of violation process is the potential for accumulating daily penalties, which can add up and become a significant sum if prompt action is not taken to correct the violation. A notice of violation also has more flexibility in working with individuals because penalties are not automatically assessed. Often the risk of penalties provides a stronger incentive for voluntary compliance then the actual assessment of penalties. d. As discussed previously, the purpose of monetary penalties is to act as a disincentive that dissuades people from engaging in wrongful behavior. However, when a notice of violation process is utilized to address violations that are momentary in nature, the process itself interferes with the ability to dissuade. This is due to the fact that by the time a notice of violation is issued and the deadline for corrective action has expired, momentary types of violations have already been corrected. Basically, the duration of the violation is considerably shorter then the time required for a notice of violation to progress to penalties. A person can commit an act such as a parking violation with the knowledge that while they may get a stern warning from the City, they are unlikely to be assessed any penalties because the violation would be corrected before enforcement gets to the step that penalties can be applied. The result is that the threat of a notice of violation tends to offer little disincentive in preventing those violations that are momentary in nature. 7. Another important element of enforcement is Due Process, which is the principal that government must respect all of the legal rights that are owed to a person according to law. At a basic level, due process is "fundamental fairness." As construed by the courts, it includes an individual's right to be adequately notified of charges or proceedings, the opportunity to be heard at these proceedings, and that the person Staff Report: Code Enforcement 3 of 16 Page 79 of 103 ITEM OB-1 or panel making the final decision over the proceedings be impartial in regards to the matter before them. 8. When administrative civil enforcement procedures are adopted, those adopted regulations establish a procedural due process right that is afforded everyone. In developing administrative procedures, it is important that the procedures be balanced to ensure proper due process while not create an undue procedural burden that results in violations being dismissed on minor procedural steps. CITY'S EXISTING CODE ENFORCEMENT PROGRAM 9. The ultimate goal of any code enforcement action by the City is to obtain compliance. How the code enforcement program is conducted is driven by the city council's policy to focus on cooperation and getting people to voluntarily correct their violation. The use of penalties is considered a last resort when other efforts to obtain compliance have failed. 10.The primary role city council policy plays in the enforcement program is that it provides the guidance on how city staff administers the program. The municipal code provides the tools and procedural due process, but the city council policy sets the tone and manner of how enforcement tools provided by the code are utilized. Its worth noting that the city council policy should be broadly applicable and cannot be targeted to a particular individual or situation. 11.The Medina Municipal Code contains various provisions that designate code violations of development regulations as criminal offenses, civil offenses, or both. Here is a summary of these provisions: • Chapter 1.15 provides civil procedures (notice and order) for violations of zoning, nuisances, noise, tree code, structures in the rights -of -way, building codes, construction mitigation plans, and critical areas. Monetary penalties start at $100 for the first day and increase to $500 per day after the fifth day. The chapter also provides as an alternative that these violations can be a criminal misdemeanor punishable by up to 90 days in jail and/ or up to $1,000 in fines. • MMC 8.04 provides for the designation of public nuisances. The content of this chapter primarily focuses on abatement procedures. Public nuisances are a civil infraction that carries a fine of up to $500. The act of abatement itself is not considered a penalty. • MMC 8.06 provides for violations of noise control as a civil infraction punishable by a fine not to exceed $500 and be abated under chapter 8.04. Each day the violation continues to exist constitutes a new violation. • MMC 12.28.280 provides violations of the tree code as a civil infraction punishable by a fine of up to $10,000 assessed on a per -tree basis. • MMC 12.32.080 provides violations in the unimproved portions of the public rights -of -way as a civil infraction, punishable by a civil penalty not to exceed $1,000. Each day the violation continues to exist constitutes a separate civil infraction. Staff Report: Code Enforcement 4 of 16 Page 80 of 103 ITEM OB-1 • MMC 14.12.080 provides civil enforcement procedures for violations of an approved site plan review. Violations are subject to a cumulative monetary penalty of $500 per day. Civil action is required to collect the penalties. Violations also may be subject to criminal penalties of up to $1,000 and/or imprisonment for a term not to exceed 30 days. • Chapter 15.04 MMC adopts the international codes for building, fire, mechanical plumbing, etc, which contain regulations for notice of violations, stop work orders, and unsafe structures and equipment. Because the international codes are written for a national audience, they reference local ordinances for the penalties. • MMC 15.20.090 provides violations of a construction mitigation as either a notice of violation (civil) punishable by a fine of $500 per day, or a criminal offense punishable by a fine of up to $1,000 and/ or jail of up to 30 days. Civil action is required to collect the penalties for the notice of violation. • MMC 17.04.060 provides violations of any land use or subdivision regulation as a misdemeanor punishable by up to 90 days in jail and/or a fine of up to $1,000. • MMC 17.80.130 provides violations pertaining to signage as a misdemeanor punishable by a fine of up to $500. Each day the violation continues constitutes a new offense. • MMC 17.90.180 provides violations pertaining to wireless communication facilities as a civil infraction punishable by a fine of up to $1,000. Each day the violation continues constitutes a new offense. » Chapter 17.92 MMC provides any violation of title 17 as a misdemeanor punishable by a fine of up to $300 and/or by up to 90 days in jail. Each day the violation continues constitutes a new offense. • MMC 18.12.230 provides violations of the critical areas ordinance as a misdemeanor punishable by a fine of up to $1,000. Each day the violation continues constitutes a new offense. Stop work orders are also authorized. 12. While many chapters of the Medina Municipal code contain enforcement provisions, chapter 1.15 MMC serves as the primary tool for enforcement action because of its comprehensive nature. The chapter was adopted in April 2003 by Ordinance No. 744 and it somewhat parallels enforcement regulations found in other chapters. However, most of these other regulations vary in their consistency with each other and chapter 1.15 MMC. They were not integrated with chapter 1.15 MMC, which has created a regulatory framework for enforcement that is confusing. The City relies on chapter 1.15 MMC to create a coherent enforcement program relating to development. Staff Report: Code Enforcement 5 of 16 Page 81 of 103 ITEM OB-1 13.The following represents a diagram outlining the civil enforcement procedures currently found in chapter 1.15 MMC: • Entered into anytime • Agrees to violation Conec • Waives right to appeal Agrees • Timeline for corrective action Compliance FNo enalties Note: The Notice & Order and a Notice of Violation are the same (Notice of Violation is a more up- to-date term) INDEX Primary process = - Colors represent groupings of processes Complaint Received IFirst Contact Criminal Charges, • City Attorney • Court of Law • Prison/ Fines • Attempt to secure correction • Timeline for corrective action No Compliance • Appeal to Hearing J Examiner Monetary Penalties No Compliance Compliance Repeat Notice & Order Emergency An immediate threat to public health or safety can be summarily abated without notice Staff Report: Code Enforcement 6 of 16 Page 82 of 103 ITEM OB-1 14.The current code enforcement program is successful in that the majority of code enforcement actions do not proceed beyond the first contact. Most people contacted about a violation respond quickly and try to correct their violation. Occasionally, an enforcement action progresses to a correction agreement, but rarely does a violation progress to the point of penalties. However, while the City is successful at resolving code violations, the fact that the available tools available cannot dissuade certain types of violations means the enforcement program is not entirely effective. This is particularly true at construction sites where multiple contractors are operating under a general contractor who may be exercising minimal control. 42612i0�:ZIT:T�L�1 15.The following table provides a summary of the proposed changes to chapter 1.15 MMC. In sum, the proposed changes add citation authority for certain momentary types of violations, updates the notice and order procedures, and clarifies administrative civil enforcement processes. :R 'f _. New Ribined . .:. Reason Definitions - New definitions for Citation, City, Days, Fine, Notice of Violations and Incidental Expenses for clarity - Word plural/ singular use interchangeable for clarity Violations Applicability Added violations of site plan review and Shoreline Management Act to existing list Initiation - Codifies what is already performed and investigation provides clarity in the process First contact First contact — Provides procedures for documenting action warning notice using a warning notice Stop work order - Expand the authority to use this tool Correction - Revised for clarity Agreement - Sets a date monetary penalties can accumulate retroactively if compliance fails Citation procedures - Incentive for quick compliance - Can be repeated Ability to mitigate -Administrative process fines - Incentive for prompt compliance Ability to contest Due process with the hearing examiner citation Notice of violation - Revised for clarity (notice & order) - Consolidates NOV procedures - Provides 14 instead of 10 days to respond (Continued on next page) Staff Report: Code Enforcement 7 of 16 Page 83 of 103 ITEM OB-1 (Continued from previous page) e peaf Nero "Retained = fteaaan NOV appeal - Revised to provide 14 instead of 10 days to file procedures an appeal (better consistency with other development regulations) - Due process with hearing examiner Failure to appear at Results in default decision of guilty contested or appeal hearing Final Order Predictability of when penalties can be assessed Method of service -Adds warning notices and citations Violations Monetary penalties - Monetary penalties set by code - Certainty of penalty amount - Moved to a separate section for clarity Personal Collection of - Clarify procedures on collecting monetary obligation monetary penalties penalties authorized Emergency Order Provides a tool for violations that create an immediate and emergent threat Criminal violations Provides an alternative when civil procedures fail Abatement by the city - Provides authority for summary abatement of a condition -Works in conjunction with chapter 8.04 nuisances Entry to building Provides procedures for legally entering a property for the purpose of enforcement Lien authorized Provides a tool for cost recovery Suspension of permit Provides procedures to suspend a permit due to a violation Revocation of permit Provides procedures for revocation of a permit due to a violation Duty not creating a Adds protection from civil action when the city is liability performing within the scope of our duties 16. The diagram on the following page shows an outline of what the new proposed administrative enforcement procedures in chapter 1.15 MMC would look like. Staff Report: Code Enforcement 8 of 16 Page 84 of 103 • Entered into anytime • Agrees to violation • Waives right to appeal • Timeline for corrective action Charges • City Attorney • Court of Law • Prison/ Fines l/VII VF,L1U11 Agreement Compliance No Penalties Note: The changes outlined in the diagram show a more detailed program that provides additional tools for enforcement. It is also worth noting that summary abatement is set forth in chapter 1.15, but the steps for general abatement are found in chapter 8.04 (nuisances). ITEM OB-1 Complaint Received Investigation • Attempt to secure correction First Contact — . Timeline for corrective warning notice action • Stop work No Compliance Appeal hearing Agrees' violatio No Compliance No Compli Repeat Citation/ Notice of Violation Monetary Penalties Compliance Staff Report: Code Enforcement 9 of 16 Page 85 of 103 ITEM OB-1 17.The following table provides a summary of the proposed changes to the enforcement regulations in chapters other than chapter 1.15 MMC. The purpose of these changes is to create a more integrated and coherent code enforcement program. Section New ' Repeal ; Reason 2.78,070 Hearing Examiner Provide authority for the hearing examiner to Duties adjudicate enforcement actions 8.04.010 New definitions for -Director of public - Provides the city manager flexibility in Owner, Person, safety as the designating who has responsibility for Person in Control; enforcement officer administering the chapter on nuisances revised definitions -Excluding property -An abatement action for a nuisance should for enforcement owner as a include the property owner because of the officer, responsible responsible person possibility of a lien and because often the person property owner is the one responsible for the nuisance 8.04.050 24-hour Abatement Provides consistency with the emergency and involving an summary abatement regulations in chapter 1.15 emergency 8.04.070 Reference chapter Appeal to city council Consolidation of enforcement program under 1.15 for appeal chapter 1.15 and provides consistency with procedures hearing examiner duties 8.04.100 Enforcement officer City Clerk Consistency with the rest of chapter 8.04 8.04.110 Reference to Enforcement & Consolidation of enforcement program under chapter 1.15 Penalties chapter 1.15 8.06.010 Reference to Enforcement & Consolidation of enforcement program under chapter 1.15 Penalties chapter 1.15 12.28.280 Reference to Enforcement & Consolidation of enforcement program under chapter 1.15 Penalties chapter 1.15 12.32.080 Reference to Enforcement & Consolidation of enforcement program under chapter 1.15 Penalties chapter 1.15 14.12.080 Reference to Civil/ Criminal Consolidation of enforcement program under chapter 1.15 Enforcement chapter 1.15 Procedures & Penalties 15.20.090 Reference to Civil/ Criminal Consolidation of enforcement program under chapter 1.15 Enforcement chapter 1.15 Procedures & Penalties 17.04.060 Reference to Enforcement & Consolidation of enforcement program under chapter 1.15 Penalties chapter 1.15 17.80.130 Delete Section Redundant 17.90.180 Delete Section Redundant 17.92.010 Delete Section Redundant 18.12.230 Reference to Criminal Offense Consolidation of enforcement program under cha ter 1.15 chapter 1.15 18.04.030 New Section Adding local enforcement provisions for violations of the Shoreline Management Act Staff Report: Code Enforcement 10 of 16 Page 86 of 103 ITEM OB-1 OTHER ITEMS OF DISCUSSION: 18.One of the key considerations for any enforcement program is that it avoids the appearance of selective enforcement. Selective enforcement is the appearance that a general fishing expedition is targeted at a particular individual or property owner without having a reasonable suspicion of a violation. Selective enforcement is a matter decided by the courts and, if proven, violates constitutional rights of equal protections. 19. The primary method the City employs to avoid the appearance of selective enforcement is using complaint -driven as the basis for initiating a code enforcement action. This means a complaint must be received first or city staff must observe a violation as part of conducting their normal duties before an enforcement action is initiated. The City does not utilize a program that purposely seeks out violations. (It is worth noting that a pro -active enforcement program can be utilized, but in designing such a program the avoidance of selective enforcement must be included.) 20. Subjectivity The topic of subjectivity is an important matter relevant to any code enforcement program. One of the primary characteristics of a good code enforcement program is the ability of officials to exercise judgment in determining what course of actions is the most appropriate for the individual circumstances. The need to exercise judgment is necessary in order to fit the proper code enforcement actions to the particular circumstances that will best obtain voluntary compliance. The code enforcement process starts with receipt of a complaint after which an enforcement official must gather evidence relevant to the complaint and then weigh that evidence to determine if there is belief sufficient evidence exists to substantiate a violation. Once an enforcement official verifies the existence of a violation, the next step is to determine who is responsible for the violation. Again, the evidence is evaluated to make this determination. It is worth noting that the property owner is always responsible for a violation because they have an inherent responsibility in ownership to maintain their property in a lawful manner. The existence of a violation means the property is not maintained in a lawful manner. Additionally, by including the property owner as a person responsible for a violation, the property owner is prevented from benefitting from an illegal act. Once the presence of a violation has been determined, and the responsible parties identified, the decision on how to move forward is made. This decision is made based on individual circumstances relevant to the violation. Individual circumstances can vary from case -to -case, such as, but not limited to the affect of the violation on the public health and safety, the willingness of the party to correct the violation, and the party's intent in committing the violation (was the violation purposeful or accidental). These are important factor that must be Staff Report: Code Enforcement 11 of 16 Page 87 of 103 ITEM OB-1 weighed and judged in developing a course of action that best achieves the primary objective of correcting the violation and obtaining compliance. • Equally important to the topic of subjectivity is the fact that enforcement officers must operate within the legal boundaries of their authority. For example, RCW 35A.42.050 regulates the conduct of public officers and employees in Medina. Chapter 2.76 MMC identifies indemnification of City employees and officials who perform their duties within certain constraints. (City employees and officials who operate outside of the limits of their authority can be subject to personal legal remedies.) Finally, constitutional protections and case law provide legal constraints relating to due process, equal protections, and search and seizure protections. Within this overall legal framework, enforcement that is discriminatory in effect and discriminatory in its purpose would be illegal. However, laxity in enforcement as to some violations is not a defense to enforcement against other violations unless arbitrary or prohibited grounds were used to determine those instances of when the enforcement was applied. The criteria that establish arbitrary or prohibited grounds are found in the decisions of the courts. What this is pointing towards is that there are established legal constraints on the behavior of public officials and employees that apply when subjective judgment is used to determine what code enforcement action to take. 21. ABATEMENT When penalties and other efforts fail to resolve a violation, the City has authority to initiate a process to abate the condition causing the violation. It is important to understand that abatement is not a penalty. It is a tool used to alleviate a public nuisance or an emergency situation where the public health and safety is threatened. Abatement involves a separate process from administrative enforcement procedures. Except in the case of an emergency, after notice is given, the City must obtain a court order before the City can enter a property to abate a condition. The City can recover the full cost incurred to conduct abatement by billing the person responsible for the nuisance and taking action to collect the debt, including placing a lien on the property. • The difference between a violation and a nuisance is that an action to correct a nuisance is directed at the property while an action to correct a violation is directed at a person. While they often tend to be interchangeable, the difference is reflected in who an action can be directed at. A person responsible for a nuisance is a person who "controls" the property while a person responsible for a violation is a person who "commits an act." Often, these can be the same person, but not necessarily (example: a contractor could be responsible for a violation that creates a public nuisance so while the violation action would be directed against the contractor, the City could direct abatement and cost recovery against the person controlling the property). Staff Report: Code Enforcement 12 of 16 Page 88 of 103 ITEM OB-1 22.To help understand how the program can operate, the following are simplified examples of possible actions the City could take under the proposed new regulations: Scenario One: A contractor, hired by a property owner, cuts a significant tree without a permit. The neighbor phones in a complaint to the City. STEP ONE: The City would initiate an investigation to determine if a violation exists. If the violation was not observable from the public rights -of -way, we would request permission from the neighbor to enter their property in order to observe the violation. STEP Two: If a violation is observed and confirmed, it is documented and the City gathers information on the property owner and the contractor. STEP THREE: The City contacts the contractor and issues a warning notice. We may also contact the property owner as well. Generally, this starts out as a verbal warning. Based on the results from the verbal warning, the City will convert the verbal warning into a written warning notice that will be issued to the contractor. Depending on the circumstances, a written warning may also be issued to the property owner. The decision to include the property owner is usually based on the responsiveness of the contractor. The warning notice will contain a deadline for completing corrective actions. STEP FOUR: The property owner/ contractor work out tree replacement mitigation with the City and apply for a permit. Once the permit is issued, the property owner/ contractor are responsible for planting the replacement trees and/ or paying into the Medina tree fund within the timeframe prescribed in the warning notice. If more time is needed, upon receiving a written request, the City may extend the deadline, or may require a correction agreement where a new deadline may be given. Step Five: Once the terms of the permit are completed and the violation is corrected, the property owner/ contractor are responsible for contacting the City and scheduling an inspection to confirm compliance. If the violation is not corrected by the stated deadline, the City can issue a citation, which will carry monetary penalties. The citation can be issued to whoever a warning notice was given. Again, the decision to issue the citation to the contractor and or the property owner will be made based on the particular circumstances. STEP Six: The person receiving the citation can pay the fine, request to mitigate the fine, or contest the citation and fine. Each day the violation remains uncorrected, the City can issue a new citation with new monetary penalties. STEP SEVEN: If issuance of citations fails to obtain compliance, the City can refer this for criminal prosecution, or an abatement action. Staff Report: Code Enforcement 13 of 16 Page 89 of 103 ITEM OB-1 Scenario Two: A neighbor calls in a complaint that vehicles associated with a construction project next door are blocking the private lane they use for access. The City has issued permits for the project. STEP ONE: The City would initiate an investigation to determine if a violation exists. The issuance of the permit gives the City authority to enter the property to check for compliance with the terms of the construction mitigation plan, which usually includes a prohibition from blocking private lanes. STEP Two: Once the violation is confirmed, the City contacts the contractor and issues a verbal warning and an order to immediately comply. This is followed -up by a written warning notice to document the violation. A copy of the warning notice may be sent to the property owner. STEP THREE: The contractor must contact the City for inspection to confirm the violation has been corrected, or the City may inspect on its own prerogative. If the violation is not corrected, the City can issue a citation to the contractor and to each vehicle illegally parked on the private lane. STEP FOUR: If on another day, a second similar complaint is received and the City confirms another violation, depending on the circumstances, the City may issue another warning notice, or may issue citations without a warning notice. STEP FIVE: If the contractor fails to prevent repeated violations, the City may opt to bring action against the property owner. The property owner will be given a written warning about the violations. If the violations continue, the property owner can be issued a citation. The City can also suspend or revoke a permit if the violation, including payment of any monetary penalties, is not resolved. STEP Six: The person receiving the citation can pay the fine, request to mitigate the fine, or contest the citation and fine. STEP SEVEN: If issuance of citations fails to obtain compliance, the City can refer this for criminal prosecution, but will more likely suspend the permit and/ or construction mitigation plan until a plan to prevent future violations is worked out and accepted by the City. Scenario Three: The City receives a complaint from a neighbor that excavation and grading activity is occurring on the adjacent property. The City has no record of a permit. Step One: The City would initiate an investigation to determine if a violation exists. If the violation was not observable from the public rights -of -way, we would request permission from the neighbor to enter their property in order to observe the violation. Step Two: If a violation is observed and confirmed, a stop work order is issued. All work must cease. If any work continues, the City will issue a citation immediately for Staff Report: Code Enforcement 14 of 16 Page 90 of 103 ITEM OB-1 violating the stop work order that will carry monetary penalties. The violation is documented and the City gathers information on the property owner and the contractor. Step Three: (A) If the contractor and/ or property owner respond immediately to the stop work order, the City will work out the requirements for submitting a grading and drainage permit and the appropriate construction mitigation with the contractor and/ or property owner including a deadline for compliance. (B) This will be documented either by a written warning notice or by a correction agreement. (C) Once a complete grading and drainage permit application is submitted, reviewed and issued, the stop work order is removed and the property owner/ contractor may continue working under the conditions of the permit. Step Four: (A) If the contractor and/ or property owner do not respond to the stop work order, a notice of violation will be issued to both. The notice of violation will contain a list of the corrective actions and a deadline for submitting a grading and drainage permit application and construction mitigation to the City. (B) The property owner/ contractor may comply with the terms of the notice of violation or they may appeal. (C) If they do not file an appeal and fail to comply with the terms of the notice of violation, a final order will be issued that will carry daily monetary penalties. Step Five: If accumulative monetary penalties fail to gain compliance, the matter may be referred to the city attorney for prosecution as a criminal offense, or steps for abatement action may be initiated. 23. Planning commission comments: Comment: Recommend adding a response time about when a code enforcement officer may initiate an investigation. This would place a time frame on when the city would be allowed to initiate an enforcement action. The advantage of this is that it would provide a more predictable time period in which to initiate an enforcement action. The challenge of this is that it places a burden on staff to meet a mandated time period. If the response time for initiating an investigation was missed, it could provide an avenue for challenging an enforcement action on procedural grounds. Comment: How long is reasonable? This is a legal standard and it means that which is appropriate for a particular situation. Every code enforcement action is unique in that the circumstances and conditions usually differ from case to case. We analyze the particulars of each case and use this as the basis for deciding how much time to allow. Comment: Do we want to recover costs for staff time too? This relates to the cost of abatement and is addressed in MMC 1.15.500, which says the cost of abatement, including incidental expenses, shall be billed to the person Staff Report: Code Enforcement 15 of 16 Page 91 of 103 ITEM OB-1 responsible for the violation. Incidental costs are defined in 1.15.020 and include personnel costs and costs associated with administration. Comment: Who will weigh the merits of an appeal and make a decision of whether or not to agree or disagree with the appeal of an abatement action on a public nuisance. This relates to public nuisances in chapter 8.04 MMC which are those activities that can cause harm or offense to people in general. The City has considerable latitude in what can be declared a public nuisance, but once that declaration is made, it becomes a legal matter similar to other code enforcement actions. The hearing examiner decides appeals of code violations and the proposed change in MMC 8.04.070 for an appeal of a nuisance would be the same. 24.The Responsible SEPA Official has concluded that the adoption of an ordinance pertaining to enforcement relates solely to governmental procedures and contains no substantive standards respecting use or modification of the environment and is therefore exempt from the requirements of the State Environmental Policy Act pursuant to WAC 197-11-800(19); and 25.A Notice of Intent to Adopt was sent to the Washington State Department of Community, Trade and Economic development pursuant to RCW 36.70A.160 and expedited review was requested. Report prepared by: Robert J. Grumbach, AICP Director of Development Services Staff Report: Code Enforcement 16 of 16 Page 92 of 103 ITEM OB-2 MEDINA CITY COUNCIL MEETING AGENDA BILL SUBJEcr/TITLE: 2010 PLANNING COMMISSION WORK PROGRAM CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other - Discussion STAFF REPORT BY: ROBERT J. GRUMBACH BACKGROUND/SUMMARY: The planning commission work program communicates the city council's priorities for the year to the planning commission to focus their efforts on reporting and making recommendations. The planning commission reviewed its 2009 work program and, after making revisions, has forwarded a proposed work program for 2010. A summary of the proposed changes to the 2010 work program include: • Remove the topics on building height measured on sloping lots, preparing the report that evaluates the city's development and permitting regulations, and code enforcement due to completion. • Add a new topic on zoning code updates that are prescribed by the zoning and permitting study (planning commission is already working on these) • Add new topics for home occupation (home business) and the sign code. • Add topic for on -going task regarding comprehensive plan amendments. • Remove the topics on oversized homes and reformulating the zoning code height/ lot coverage bonus system due to lack of relevance to the community today. Additional background information about the planning commission work program is included under notes. Attachments: Proposed 2010 Planning Commission Work Program, Revised 2009 Planning Commission Work Program BUDGET/FISCAL IMPACT: None STAFF RECOMMENDATION: Approval CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: Move to approve the 2010 Planning Commission Work Program v W 0 2 W H N a) N�'C E N �,� aci co L -aE N Cn a) _ t () � > O yr 0, -0 t4 w- N � p) p O O" N tm -p •a O L '.O C > cn V p 0_ O +v 6g � -0 ON L •O Q L N � 0 O at O _E O O N m t) L)c0 L) a) 0 CM 4 ca � o = o ' c � cm �atc'3 U O .0 aCL. c:E N O 0 E O a) ©O� dO y "{� C cn to 0 O (M.6 O � (0 'a 0 T.. co` r,�CL cm . E m� Q c tz M tD u fCC `O�+ VU! L 2 'D `ca)a)(A0 .tZ a) m330 N M N r" o c "o c I— oU).c ,0" oo Q � O��' N 0U) O 4) c O c O w C N' tit '.. yU%' C c (n at c o tg «. t6 .. tr ,Q _ "t3 V C a. 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N w fti E O m E O O w N E ,O > �O CD N -0 C _ tD cc � N C w f6 N Q'C O p :n Q H > C1 L O O� 'a O U3 N' U cr M � c C > n us N o U tC O N w, N -: U r� t6 > N a N O U 2n +O. o rn Q L o C) o <a> a) N � Mr- FFI�- (1) O C ._. �L E ' M L .0w, U W w cu Q O Ta 7 d 4) N CIL CcoU •!� C O' Q r C ° o C fV .O U O a— p L +-' .. >_ t E O > O p a)E i s a) :(D ca O v0 O "p .L O E N WnT� U) L n� O Cii cpi VJ E W W C L O 'S O w N 2-0 O 00 CL W _ U co d N O CO 6 ITEM OB-3 MEDINA CITY COUNCIL MEETING AGENDA BILL SUBJECT/TITLE: TEMPOARY CITY HALL OPTIONS CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: JOE WILLIS BACKGROUND/SUMMARY: The City Hall renovation project is scheduled to begin construction in June of this year. In order to secure and arrange for a temporary City Hall facility in sufficient time to allow for setup of the facility and moving of the furniture, files, equipment, and staff, the procurement of the facility needs to be accomplished at least a month in advance, preferably two month in advance. The Public Works Director has focused the search for a facility in the following priority order: ■ Lease a home(s) within the City. ■ Install two or more portable office trailers in a City Park. ■ Lease commercial space in Bellevue. Since the City Council must conduct meetings within the City, the leasing of space at St Thomas, Medina Elementary School, or Three Points School are also an option that has not been pursued at this time. Leasinq home(s) within the City Two single family residences are currently available. One is near the present City Hall but only has sufficient room for Public Safety. Its lease rate is $5,000 per month. An Adjacent lot to the residence may also be leased for an additional $2,500 per month. The second residence is over 6,000 sq. ft. with two 2-car garages attached to the residence. The home has sufficient area for the entire City staff and possibly (with some finesse) room for Council meetings. The home does not have sufficient parking to accommodate staff, but on -street parking is available within '/z of a block. The lease rate is $6,500 per month or $78,000 for 12 months. Portable Trailers in a City Park Two 24' x 60' portable office trailers can be situated in Medina Park or Fairweather Park provided a gravel pad and parking area is provided and utility services are arranged for and installed. Preliminary layouts have been prepared for the various alternative locations. The lease rate for each trailer is $2,400 per month with a move in and out charge of $9,000. Site preparation work will vary by location, but an approximate cost of $ 25,000 is a reasonable figure. A floor plan layout for a portable trailer has four 12 x 12 offices, two restrooms and approximately 400 sq ft of open area in the center of the trailer. A 12 month cost for this option is approximately $ 92,000. Page 97 of 103 ITEM OB-3 Commercial Space in Bellevue A number of commercial spaces are on the market. The lease rates for several spaces in the downtown core vary from $20 to $25 per sq. ft. Negotiated leases may also include a tenant improvement allowance. One present lease space at 10697 Main Street lists a lease rate of $25/sf for a 4,412 sq. ft space. An upstairs space at 821 Bellevue Way of 4,950 sq ft lists a lease rate of $ 22/sf. A 5,655 sq ft space at 435 108th Ave NE lists a lease rate of $20/sf. Other Costs to be considered Moving company estimates are $ 5,000 to move the City Hall furniture and files to a temporary facility. Moving and setting up the computer and telephone systems will be an additional cost that is not known at this time. BUDGET/FISCAL IMPACT: FUNDS FOR TEMPORARY CITY HALL will be funded out of the Project Capital Improvement Fund #307-595-30-63-11 in the adopted 2010 budget. STAFF RECOMMENDATION: Authorize the City Manager to negotiate a lease(s) in an amount not to exceed $ 80,000 for 12 months for Temporary City Hall facilities. CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: "I move to authorize the City Manager to negotiate a lease(s) for a Temporary City Hall in an amount not to exceed $ 80,000 for 12 months." Page 98 of 103 ITEM OB-4 MEDINA CITY COUNCIL MEETING AGENDA BILL SUBJECT/TITLE: WIRELESS COMMUNICATION IN MEDINA CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other - Discussion STAFF REPORT BY: Robert Grumbach BACKGROUND/SUMMARY: As a follow up to the information on proposed wireless projects presented at the January 11 council meeting, the following is provided for discussion and direction on next steps. Goals and issues: • Improve wireless communication coverage in Medina. • Preserve and protect existing aesthetics from the visual impacts of wireless communication facilities through zoning which controls the placement and aesthetics of these facilities. • Create a new revenue source through negotiation and approval of a lease/franchise if the current zoning regulations are amended to allow wireless facilities in City rights -of -way or other property. • Allow for future undergrounding of overhead wires. • Amend zoning regulations which currently prohibit wireless communication facilities in the City rights -of -way and have location and height standards that make this type of infrastructure difficult to construct in Medina. • Be aware that "zone it and they will come" is not always necessarily the case — ultimately a carrier's willingness and ability to provide coverage is a business decision that the City does not control. However, it's worth noting that our current circumstances are somewhat unique because we have already been approached by American Tower Corporation to build a DAS system within the City. Options for discussion: 1) Hire consultant to do a comprehensive review of current coverage, present and possibly future wireless technologies that would address those coverage issues, and prepare a report or conduct a study with potential legislative options. 2) Hire a consultant to provide support on a limited basis while focusing on the proposed DAS technology as the primary option for achieving the above goals and desired outcomes. Note: The subject of the SR 520 wireless communication carriers relocating their facilities involves different issues and will be brought forward for discussion as a separate item at a future council meeting. Attachment: January 11 Memorandum BUDGET/FISCAL IMPACT: Estimated $20,000 for consultant to perform comprehensive review (Note: this is very preliminary and will likely change after further research) STAFF RECOMMENDATION: None CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: Move to direct staff to follow option _ Page 99 of 103 CITY OF MEDINA Office of the City Manager January 11, 2010 ITEM OB-4 To: Mayor and City Council Via: Donna Hanson, City Manager From: Robert J. Grumbach, AICP, Director of Development Services Subject: Wireless Communication in Medina/ SR-520 INTRODUCTION: Concerns have been raised about the quality of wireless communication coverage in Medina. Related to this, is Washington State Department of Transportation's decision to direct wireless communication carriers to re -locate their facilities out of the SR 520 right-of-way by July 1, 2010. In response to these issues: • Several wireless communication carriers have approached the City about re -locating their existing facilities to the City's rights -of -way or Fairweather Park. These facilities provide important wireless communication coverage to drivers on SR 520 and to Medina and Hunts Point residents nearby. The carriers who have indicated needing to re -locate include T- Mobile, Verizon and Sprint. • American Tower Corporation (ATC) has approached the City about constructing a Distributed Antenna System (DAS) in the City's rights -of -way. ATC Outdoor DAS is a registered competitive telecommunication company with the Washington State Utilities & Transportation Commission. AT&T is interested in leasing capacity on the proposed system in order to improve its wireless communication coverage in Medina. SUMMARY OF ZONING REGULATIONS: Chapter 17.90 MMC sets forth the zoning regulations for Wireless Communications Facilities (WCF). In sum: • DEFINITION: WCFs are defined as: "an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. WCFs are composed of two or more of the following components: (1) Antenna; (2) Support Structure; (3) Equipment Enclosure; (4) Security Barrier." • LOCATIONS: o WCFs may be mounted on existing nonresidential buildings provided that: - Must be located at least 500 feet from the nearest residential property. - Tallest point cannot exceed 35 feet, including the antennas, or 5 to 10 feet above the roof, whichever is more restrictive. - Equipment must be located within the building or located underground. Page 100 of 103 ITEM OB-4 o WCFs may be mounted on a support structure provided that: - Must be located on a site with a nonresidential use (Prohibited in all areas of the City parks, except non -forested areas of Fairweather Park adjacent to SR 520). - Structures must be at least 500 feet from nearest residential property. - Tallest point cannot exceed 35 feet, including the antennas. o WCFs are prohibited on residential properties or on city rights -of -way. • PERMITS: A Special Use Permit and building permits are required. SUMMARY OF TELECOMMUNICATIONS REGULATIONS Title 19 MMC establishes the city's local policy for telecommunications providers and services. Any telecommunication carrier wishing to construct facilities in City rights -of -way is required to obtain a franchise agreement. A lease is required if the facility is located on City -owned property other than rights -of -way. Franchise and lease agreements must be considered by the city council within 120 days of receipt by the city of a complete application. A franchise agreement requires a public hearing. The criteria under which a franchise or lease agreement is considered are set forth in MMC 19.06.030 and 19.08.030 respectively, including having all required licenses, certificates and authorization from both state and federal agencies, compliance with applicable development regulations, public interest in minimizing cost and disruption of construction, etc. The location of telecommunication -. facilities in City rights -of -way is governed by MMC 19.10.050. Hemols ```ad"`' - Ncde WHAT IS A DISTRIBUTION ANTENNA SYSTEM (DAS)? DAS is a network of spatially separated antenna nodes and equipment boxes mounted onto existing and replaced utility poles, which are connected by a fiber optic line. The fiber optic line connects to a base station (HUB). The HUB converts the signals and routes them to the carriers' public switched telephone network and transmitted via the landline network or back out through the DAS equipment. The diagram to the left illustrates a DAS setup on an existing telephone pole. The HUB is enclosed in a building structure, which ATC proposes to locate at the PSE Substation. Advantages of the system include the ability to host multiple carriers; it is low powered, and is visually less obtrusive. The primary disadvantage is the limitation on range between antennas. QUESTIONS: 1. Should the City pursue making available City -owned space to the wireless communication carriers in order to allow installation of wireless communication facilities that provide cover that includes the SR-520 Bridge? If yes, should the location be: a. The non -forested areas of Fairweather Park adjacent to SR 520 (lease required); or b. Evergreen Point Road right-of-way (requires a zoning code amendment and franchise agreement). 2. Should the City pursue franchising public rights -of -way to ATC for construction of a DAS system? A franchise agreement is required pursuant to title 19 MMC (require a zoning code amendment). 3. Should the City pursue code amendments to chapter 17.90 MMC regarding wireless communications facilities? These changes might better define locations and design of wireless communication facilities that would fit the aesthetics of Medina. 2 Page 101 of 103 Aa, ITEM OB - 7 MEDINA CITY COUNCIL AGENDA CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise FEBRUARY 8 Item Type Topic Presenter Presentation Proposed Code Enforcement Ordinance Grumbach Consent Public Works Vehicle Purchase Willis Consent Schedule Public Hearing for Temporary City Government Facilities Grumbach Consent Confirmation of Planning Commission Appointment Recommendation Mayor Public Hearing Proposed Code Enforcement Ordinance Grumbach Other Business Proposed Code Enforcement Ordinance Grumbach Other Business Proposed 2010 Planning Commission Work Plan Grumbach Other Business Options for Temporary City Hall Willis Other Business Follow Up: Wireless Communication Coverage Grumbach Other Business Part 150 Noise Study Representation Other Business Schedule Study Session for Review of Council Goals, Ground Rules & Guidelines Hanson MARCH 8 Item Type Topic Presenter Consent Agenda Acceptance of Development Services Software Upgrade Grumbach Briefing on amending chapter 15.04 MMC to adopt 2009 Washington State Grumbach/ Other Business Building Codes. Other Business ARCH Budget & Work Plan Other Business Proposed 2010 Park Board Work Plan Other Business City Hall Schematics Wilcox Hanson Willis Willis APRIL 12 Item Type Topic Presenter Other Business Discussion on amending chapter 15.04 MMC to adopt 2009 Washington State Grumbach/ Building Codes Wilcox MAY 10 Item Type Topic Presenter Other Business Discussion on amending chapter 15.04 MMC to adopt 2009 Washington State Grumbach/ Building Codes Wilcox Other Business Draft Six -Year CIP/TIP Willis JUNE 14 Item Type Topic Presenter Hearing and Action on amending chapter 15.04 MMC to adopt 2009 Grumbach/ Public Hearing Washington State Building Codes Wilcox Public Hearing Six Year CIP/TIP Willis Page 102 of 103 ITEM OB - 7 MEDINA CITY COUNCIL AGENDA CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise JULY 12 Item Type Topic Presenter Public Hearing Six Year CIP/TIP Willis Confirmation of Appointment Recommendations to Planning Commission Other Business Positions 3 & 7 Mayor AUGUST 9 Item Type Topic Presenter SEPTEMBER 13 Item Type Topic Presenter Other Business Preliminary 2011 Annual Budget Hanson OCTOBER 11 Item Type Topic Presenter Public Hearing Preliminary 2011 Annual Budget Hanson NOVEMBER 8 Item Type Topic Presenter Public Hearing Proposed Resolution to Adopt 2011 Property Tax Levy Hanson Public Hearing Proposed Ordinance to Adopt 2011 Budget Hanson Other Business Approval of Resolution to Adopt 2011 Property Tax Levy Hanson Other Business Approval of Ordinance to Adopt 2011 Budget Hanson DECEMBER 13 Item Type Topic Presenter Page 103 of 103