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HomeMy WebLinkAbout05-10-2010 - Agenda PacketMEDINA, WASHINGTON CITY COUNCIL AGENDA MEDINA CITY HALL COUNCIL CHAMBERS MOND", MAY 10, 2010 6:30 PM MAYOR CITY MANAGER BRET JORDAN DONNA HANSON DEPUTY MAYOR CITY ATTORNEY VACANT 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 APPROVAL OF MEETING AGENDA 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 Medina City Hall • 501 Evergreen Point Road • Medina WA 98039 425-233-6400 phone • 425-454-8490 fax • www.medina-�va.gov CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA-1: Approval of April 12, 2010 City Council Regular Meeting Minutes CA-2: Approval of April 2010 Check Register CA-3: Approval of King County Jail Services Contract CA-4: Acceptance of March 15, 2010 Park Board Minutes CA-5: Acceptance of March 17, 2010 Emergency Committee Minutes CA-6: Acceptance of March 23, 2010 Planning Commission Minutes OTHER BUSINESS OB-1: City Council Position No. 2 A. Appointment to Position/Oath of Office B. Election of Deputy Mayor C. Appointment to Finance Committee OB-2: Wireless Facilities Consultant Recommendation OB-3: Discussion Amending Chapter 15.04 MMC to Adopt 2009 Washington State Building Codes OB-4: Authorization for Transportation Consultant Design Services for Northeast 12 Street/Lake Washington Boulevard Traffic Safety Improvement OB-5: Draft Six -Year Construction Improvement Plan/Transportation Improvement Plan 2011-2016 OB-6: Authorize Call to Bids: City Hall Expansion and Renovation Project OB-7: Draft Surplus Ordinance OB-8: Council Agenda Calendar ADJOURNMENT Next Regular Meeting - Monday, June 14, 2010; 6:30 pm. Medina City Council May 10, 2010 Page 2 of 2 CITY OF MEDINA Office of the City Manager Date May 10, 2010 To: Mayor and City Council From: Donna Hanson, City Manager Subject: City Manager Report Public outreach continues to be a priority. The following actions took place in April in efforts to reach many segments of the community. a. A development notice page was created on the city's website where information and links to notices for development permits are posted. The page was created April 13 and as of April 28, there were78 page views. Additionally, development notices are posted to the city's three notice boards, uploaded to File Pro on the city's website and emailed to subscribers. b. E-Notices were sent to subscribers and posted to the city website for information related to solid waste services with Allied during the Waste Management strike and for SR 520 project updates and traffic advisories. c. Notices were posted on city notice boards, on the city website, and emailed to recruit for volunteers for the planning commission and shoreline master plan committee. d. All public meeting notices, agenda packets, approved meeting minutes, and city council action calendar were posted to the city website and emailed to subscribers. Public notices were also affixed to city notice boards and included information about how to subscribe to E-Notices. e. The city newsletter was delivered electronically to Gov Delivery subscribers new to the service since the original distribution. f. The city transitioned to Gov Delivery on April 7 and has since sent 21 bulletins to various subscribers, totaling 1,261 deliveries. Some bulletins included information for more than one website update or record. g. A board signs were posted for two weeks, beginning the second week of April urging residents to subscribe to E-Notices. h. The city has realized growth in its electronic subscriptions since last month. The sampling below identifies the same categories as last month for comparison. 4/12/2010 5/5/2010 Capital Improvement Projects 160 205 City Council Agenda 193 238 City Events and Information 245 245 City Newsletter 94 234 Hearing Examiner Agenda 118 148 Park Board Agenda 121 152 Planning Commission Agenda 139 171 Parks crew members planted a donated tree in Medina Park on Arbor Day with members of the Park Boards and staff present. 2. The second quarter all staff training focused on emergency preparedness at home for employees. The logic is that the better prepared employees are at home, the better prepared they are to come into work. The expectation of all employees is that they will report to work in an emergency, if they are able. However we also recognize that if someone's family is in trouble then it is not likely they will report to work. With this training we hope to help employees avoid having their family in danger. This training is most appropriate for neighborhoods and has been shared with the Emergency Preparedness Committee as well. Third quarter training will take place in July and will be CPR and AED training. Fourth quarter training will be first aid in October. 3. We are pleased to announce that Pam Greytak has been awarded the certified municipal clerk designation. The certification process included three years of training and a detailed application process. We now have two certified municipal clerks on staff, which provides great backup. Congratulations Pam. 4. WDOT has verbally agreed to reimburse the points cities for staff and consultation expenses associated with the final design and construction of the 520 project. A final agreement for that reimbursement still needs to be negotiated, we are exploring the possibility of a joint RFQ process for project coordination with the other three points communities. After going through the process, each of us would have the opportunity to decide if we like the same individual/firm or want to go in a different direction with a different individual/firm. Regardless of the final outcome, we will all benefit from the perspective and expertise of the other cities. CITY OF MEDINA Office of the City Manager May 10, 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: An open -record hearing was held for the McDermott/ Charney construction mitigation plan at 414 Upland Road. The proposal is to demolish an existing home and construct a new 6,350 square foot residence with a swimming pool and sports court. The project includes excavating approximately 3,153 cubic yards of material and importing 333 cubic yards of fill. The site contains steep slopes. One neighbor testified with an inquiry about the excavation. After deliberating, the Planning Commission approved the construction mitigation plan subject to conditions. The Planning Commission reviewed drafts of recommended code amendments for project permit procedures and land division/ lot line adjustment. There was a consensus to schedule the documents for public hearings at the next meeting. Staff briefed the Planning Commission on the feedback and direction from the City Council regarding the memo on pitched roof incentives. The commissioners discussed the difference between development envelope and building envelope, and were introduced to the concept of floor area ratios used by Hunts Point. The Planning Commission requested additional information and will continue the discussion at the next meeting. Hearing Examiner Decisions: An open -record hearing was held on April 20, 2010, for a substantial development permit regarding 354 cubic yards of excavation and 62 cubic yards of import of materials and the construction of a cabana, irrigation system and emergency generator. The project is located at 3616 Evergreen Point Road. No public testimony was presented. The record remains open pending submittal of additional information requested by the hearing examiner. Land Use Administrative Decisions: • The Ryning lot line adjustment was approved. The proposal is located at 3212 Evergreen Point Road and the lot to the east (7620 N.E. 32"d Street) owned by the same property owner. 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 1 Lot Line Adjustments 2 Short Subdivisions 0 Site Plan Reviews 0 Wireless Facilities 0 Land Use Applications Received in April: Case Number Description of Permit Location AV 1191 Minor deviation from setback 8029 N.E. 281h Street requirements A-268 Admin SUP for swimming pool 3616 Evergreen Point Road A-269 Admin SUP for swimming pool 414 Upland Road & sports court G-2732 SEPA review for grading 7739 N.E. 8th Street 2010-03 Substantial Development Permit SR -520 Right of Way for construction of SR 520 storm - water facility for east corridor Building/ ROW Permit Applications Received — Apr 1 through Apr 30, 2010: Building Permits: 8 Grading/ Drainage 3 Demolition Permits: 1 Fence: 3 Mechanical: 4 Reroof: 0 Fire Sprinkler: 0 Right-of-way Permits 4 Total: 23 Building Permits Issued in March 2010: See Attached. Other Items of Interest: Shoreline Master Program (SMP) Update. A draft of the shoreline analysis report was completed and submitted to the Department of Ecology (DOE) for review. This document serves as the baseline used to evaluate "no net loss." A copy of the document with maps will be available on the City's website once any comments by DOE are addressed and the document becomes final. 2 Building Official/ Inspection Services. The City's inter -local agreement with the City of Clyde Hill to share building official and building inspection services has been successful. The cooperative effort started in January 2009. To date, the City's expenditures for the program have been about $9,350 and the revenues received have been about $21,500. SMP Citizen Advisory Committee. Notice inviting people to participate was post at City Hall and on the City website, and was sent by govdelivery. The deadline is May 14. To date, no one else in the community has expressed interest in participating. 3 Permit Report March, 2010 2010 2009 Current Current 2010 2009 Month Month YTD YTD Difference Construction Value New Construction 0 0 0 2,000,000 (2,000,000) Permit Renewals 10,000 17,000 10,003 17,000 (6,997) Addition / Alteration 10,000 68,000 10,004 2,094,855 (2,084,851) Accessory Structure 169,000 0 169,008 8,700 160,308 Repair / Replace 88,520 0 88,523 25,980 62,543 Fence/Wall 44,800 13,500 44,801 33,300 11,501 Mechanical N/A N/A N/A N/A N/A Fire Sprinkler 0 9,066 3 27,011 (27,008) Wireless Comm Facility 0 0 13 0 13 TOTAL VALUE 322,320 107,566 1 322,355 1 4,206,846 (3,884,491) Permits Issued New Construction 0 0 0 1 (1) Permit Renewals 1 1 3 1 2 Addition / Alteration 1 1 4 7 (3) Accessory Structure 5 0 8 3 5 Fence/Wall 2 2 3 7 (4) Demolition 0 5 1 8 (7) Grading/Drainage 2 1 3 4 (1) Tree Mitigation 3 3 3 5 (2) Mechanical 9 4 13 12 1 Fire Sprinkler 1 1 4 3 1 Reroof 0 1 2 2 0 Repair / Replace 1 0 3 2 1 Right -of -Way Use 5 10 16 16 0 Construction Mitigation 0 1 0 4 (4) Wireless Comm Facility 0 0 30 0 0 0 TOTAL PERMITS 30 1 63 1 75 12 Inspections Building 40 51 99 139 (40) Construction Mitigation 4 0 4- 4 0 Grading/Drainage 8 7 22 33 (11) Tree Mitigation 8 7 15 29 (14) Right -of -Way 22 36 101 55 64 (9) TOTAL INSPECTIONS 82 195 75 1 (31) MEDINA POLICE EMPHASIS ON SPEEDING FOR DRIVER SAFETY April 27, 2010 A Washington State Patrol study shows that speed is one of the big three causes of fatality and injury collisions, along with DUI and seatbelts. A statewide campaign called "Slow Down or Pay Up" is part of the Strategic Highway Safety Plan —TARGET ZERO, whose vision is to eliminate traffic deaths and serious injuries caused by speeding by 2030. Statewide about 40% of all traffic deaths involve speed. The campaign is not about writing tickets, but about raising public awareness and changing behavior and save lives. This spring along with the Washington State Patrol the Medina Police Department are increasing emphasis to control traffic speeding by citing violators. A study was conducted to know the level of the problem in the city of Medina. A comparison was made on the number of traffic tickets issued for the first quarter for the past three years (2008-2010), the rates of speed, and age of the drivers that received speeding tickets. NUMBER OF SPEEDING TICKETS ISSUED The graph below compares the first quarter in 2008 — 2010 of tickets issued by Medina officers for speeding. It reveals when more tickets were issued in February, 2009, it reduced the number of speeding tickets issued in March, 2009 by 78.3%, indicating drivers are slowing down. Starting in March, 2010, Medina officers increased emphasis on speeding and issued 34 tickets. 40 30 20 10 Medina Speeding Tickets First Quarter 2008-2010 JAN FEB MAR 12008 12009 52010 On March 7, 2010 the Medina Police Department implemented the Washington State Patrol's electronic traffic ticket program called SECTOR. When the ticket is issued to the violator, SECTOR electronically transfers the information directly to Kirkland Municipal Court making it a more efficient process. SECTOR will soon be utilized by all Washington law enforcement agencies to issue all traffic tickets (except parking) and collision reports electronically. When the officer issues tickets via SECTOR, the number of tickets will increase dramatically because the efficiency of the process in saving the officer time scanning information into SECTOR versus handwriting the tickets. RATE OF SPEED Washington Traffic Safety Commission research shows that, even with small increases above the posted speed, the risk of a crash causing death or injury increases rapidly. For example a driver traveling at 40 mph in a 35 mph zone (5 MPH over the limit) is twice as likely to have a serious injury or fatal crash as a driver traveling at the posted speed. A driver traveling at 45 mph in a 35 mph zone (10 MPH over the limit) is four times as likely to crash. The graph below includes speeding tickets issued in Medina from January, 2008 to April, 2010. In 2009 the fastest speed was 22 MPH over the 25 MPH limit. Majority of speeding tickets issued are to drivers driving between 12 to 15 MPH over the 25 MPH limit, which according to the Traffic Safety Commission is more likely to cause a serious injury or fatal crash. DRIVERS SPEEDING OVER 25 MPH LIMIT 2008- APRIL, 2010 50 45 40 m 35 - - 0 30 o 25 20 E � 15s a 10 5 0 �Q� 1 'b ai ,O titi 1� ti� ,yA ,yh ti� ti� ti% AGE OF DRIVERS SPEEDING 20 9-- - �_- 2 G09 _- - Apr-10 Speeding is the number one factor in fatal crashes involving teen drivers in Washington. The graph below shows tickets issued in March & April, 2010 and there are 70.9% more young drivers than senior drivers. Age of Drivers Issued Speeding Tickets March & April 2010 18-20 33-40 50-70 ■ March !April CONCLUSION For the next few months, monthly statistics will show an increase in tickets issued due to the emphasis on speeding. The Medina Police Department is in concert with the Washington State Traffic Safety Commission to eliminate traffic deaths and serious injuries caused by speeding. This study has shown so far, the rates of speed in Medina are more than double of what the Washington Traffic Safety Commission research warns is a high risk of having a serious accident. The Medina Police Department will continue to focus in reducing speeding rates in our community. There are more young drivers on the road and our study proved that. The Medina Police Department will continue emphasis on citing and/or warning drivers to be aware that speeding is dangerous no matter what age of the driver. To meet one of the Medina Police Department's 2010 goals, "Respond to traffic complaint zones and code enforcement issues", officers will continue to be present and assure safety for all citizens. MEDINA POLICE DEPARTMENT MONTHLY SUMMARY APRIL, 2010 Police Chief Jeffrey Chen FI?I,ONY CRIMES No significant felony incidents occurred during the month of April. MISDEMEANOR CRIMES -� No significant misdemeanor incidents occurred during the month of April. ( T111 R HUNTS POINT MONTHLY SUMMARY APRIL, 2010 FELONY CRIME'S Theft 2010-001469 3000 block of Fairweather Place 04/19/10 Medina officer responded to a report of a possible theft. Victim reported subject(s) who had access into the home may be possible suspects. Investigation is pending. Fraud (ID Theft) 2010-001581 2800 block of 88t' Ave NE 04/27/10 Victim came into station to report four fraudulent T-Mobile accounts out of New York were opened using her personal information. No monetary loss. MISDEMI'ANOR CRIMLS No significant misdemeanor incidents occurred in April. MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police qW Monthly Activity Report City of Medina 2010 Felony Crimes April YTD YTD Year End 2010 2010 2009 2009 Assault, Aggravated 0 0 0 0 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary (inc Attempt) 0 0 6 11 Drug Violations 0 0 0 0 Fraud (ID Theft) 0 4 5 14 Vehicle Prowl 0 1 6 7 Theft (over $250) 0 2 7 9 Malicious Mischief 0 0 2 6 Arson 0 0 0 0 Auto Theft (inc Recovery) 0 0 2 4 Poss Stolen Property 0 0 1 2 Other 0 0 0 0 TOTAL 0 7 29 53 Misdeameanor April YTD YTD Year End Crimes 2010 2010 2009 2009 Assault, Simple 0 0 2 2 Malicious Mischief 0 0 1 5 Vehicle Prowl 0 0 14 15 Theft (Under $250) 0 2 1 5 Domestic Violence 0 0 1 4 Minor in Possession 1 2 0 5 Drug Violations 1 5 5 10 Poss Stolen Property 0 0 1 1 Total 2 9 25 46 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT City of Medina 2010 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Aggravated 0 0 0 0 0 Robbery 0 0 0 0 0 Sexual Assault/Rape 0 0 0 0 0 Burglary (inc Attempt) 0 0 0 0 0 Drug Violations 0 0 0 0 0 Fraud (ID Theft) 1 2 1 0 4 Vehicle Prowl 0 0 1 0 1 Theft (over $250) 1 1 0 0 2 Malicious Mischief 0 0 0 0 0 Arson 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 Poss Stolen Property 0 0 0 0 0 Other 0 0 0 0 0 TOTAL 2 3 2 0 0 0 0 0 0 0 0 0 7 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 0 0 Malicious Mischief 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 Theft (Under $250) 0 1 1 0 2 Domestic Violence 0 0 0 0 0 Minor in Possession 0 1 0 1 2 Drug Violations 3 1 0 1 5 Poss Stolen Property 0 0 0 0 0 Total 25 3 1 2 0 0 0 0 0 0 0 0 9 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report City of Medina 2010 Traffic April YTD YTD Year End ACCIDENTS 2010 2010 2009 2009 Injury 0 0 0 0 Non -Injury 3 5 3 11 TOTAL 3 5 3 11 Traffic April YTD YTD Year End CITATIONS 2010 2010 2009 2009 Driving Under Influence 2 16 23 68 *Other 12 44 65 163 Total 14 60 88 231 Traffic April YTD YTD Year End INFRACTIONS 2010 2010 2009 2009 Speeding 59 141 73 136 Parking 1 23 21 83 **Other 83 137 127 274 Total 143 301 221 493 April YTD YTD Year End WARNINGS 2010 2010 2009 2009 Total 109 349 352 872 April YTD YTD Year End CALLS FOR SERVICE 2010 2010 2009 2009 House Watch 32 92 168 420 False Alarms 25 99 106 361 Assists 21 86 182 342 Suspicious Circumstances 10 47 62 159 Property-Found/Lost 2 3 4 9 Animal Complaints 3 16 12 41 Missing Person 1 1 0 2 Warrant Arrests 2 19 20 63 ***Other 2 7 2 9 Total 98 370 556 1406 *DWLS; Fail to Transfer Title; No License **Expired Tabs; No insurance; Fail to stop; Defective Equipment ***Verbal Domestic; Vandalism; Civil Dispute; Disturbance MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police qP YEARLY ACTIVITY REPORT City of Medina 2010 Traffic Accidents Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Injury 0 0 0 0 0 Non -Injury 1 1 0 3 5 TOTAL 1 1 0 3 0 0 0 0 0 0 0 0 5 Traffic Citations Jan Feb Mar, Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 8 3 3 2 16 Other 14 10 8 12 44 Total 22 13 11 14 0 0 0 0 0 0 0 0 60 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 17 31 34 59 141 Parking 2 16 4 1 23 Other 19 15 20 83 137 Total 38 62 58 143 0 0 0 0 0 0 0 0 301 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 70 80 90 109 349 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 15 14 31 32 92 False Alarms 17 22 35 25 99 Assists 19 20 26 21 86 Suspicious Circumstance 11 13 13 10 47 Property-Found/Lost 0 1 0 2 3 Animal Complaints 3 3 7 3 16 Missing Person 0 0 0 1 1 Warrant Arrests 4 8 5 2 19 Other 2 2 1 2 7 Total 71 83 118 98 0 0 0 0 0 0 0 0 370 Town of Hunts Poi✓nt� MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report Town of Hunts Point 2010 Felony Crimes April YTD YTD Year End 2010 2010 2009 2009 Burglary 0 0 0 0 Forgery (Identity Theft) 1 0 0 0 Vehicle Prowl 0 0 0 1 Theft (over $250) 1 1 1 2 Possession Stolen Prop 0 0 0 0 Drug Violation 0 0 0 0 Auto/Boat Theft 0 0 0 0 TOTAL 2 1 1 3 Misdeameanor April YTD YTD Year End Crimes 2010 2010 2009 2009 Assault, Simple 0 1 0 0 Malicious Mischief 0 0 0 1 Vehicle Prowl 0 0 1 1 Theft (Under $250) 0 0 0 0 Possession Stolen Prop 0 0 0 0 Domestic Violence 0 0 0 0 Minor in Possession 0 0 0 0 Drug Violations 0 0 2 4 Total 0 1 3 6 MEDINA POLICE DEPARTMENT Town Of Jeffrey Chen, Chief of Police Yearly Activity Report Hunts Point Town of Hunts Point 2010 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Burglary 0 0 0 0 0 Forgery (Identity) 0 0 0 1 1 Vehicle Prowl 0 0 0 0 0 Theft (over $250) 0 0 0 1 1 Poss Stolen Prop 0 0 0 0 0 Drug Violation 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 TOTAL 0 0 0 2 0 0 0 0 0 0 0 0 2 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 1 0 0 1 Malicious Mischief 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 Theft (Under $250) 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 Domestic Violence 0 0 0 0 0 Minor in Possession 0 0 0 0 0 Drug Violations 0 0 0 0 0 Total 0 1 0 0 0 0 0 0 0 0 0 0 1 MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police Monthly Activity Report Hunts Point Hunts Point 2010 Traffic April YTD YTD Year End CITATIONS 2010 2010 2009 2009 Driving Under Influence 0 1 2 11 Accidents 0 0 0 3 *Other 2 6 14 34 Total 2 7 16 48 Traffic April YTD YTD Year End INFRACTIONS 2010 2010 2009 2009 Speeding 0 2 0 0 Parking 2 2 0 1 **Other 21 77 95 267 Total 23 81 95 268 April YTD YTD Year End WARNINGS 2010 2010 2009 2009 Total 15 62 64 178 April YTD YTD Year End CALLS FOR SERVICE 2010 2010 2009 2009 House Watch 1 9 11 29 False Alarms 6 22 12 46 Assists 4 13 13 46 Suspicious Circumstances 1 6 7 25 Property-Lost/Found 0 0 0 0 Animal Complaints 0 0 1 3 Missing Person 0 0 0 0 Warrant Arrests 0 0 1 8 ***Other 0 0 0 0 Total 12 50 45 157 *DWLS; Fail to Transfer Title;No License **Expired Tabs; No insurance;Fail to stop;Defective Equipment ***Verbal Domestic; Harassment; Civil Dispute;Trespass MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT Hunts Point HUNTS POINT 2010 Traffic Citations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 1 0 0 0 1 Accidents 0 0 0 0 0 Other 1 2 1 2 6 Total 2 2 1 2 0 0 0 0 0 0 0 0 7 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 0 0 2 0 2 Parking 0 0 0 2 2 Other 16 19 21 21 77 Total 16 19 23 23 0 0 0 0 (1 0 0 0 81 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 12 15 20 15 62 Calls for Service House Watch False Alarms Assists Suspicious Circumstances Property-Lost/Found Animal Complaints Missing Person Warrant Arrests Other Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 3 5 0 1 9 5 9 2 6 22 3 3 3 4 13 1 2 2 1 6 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 12 19 7 12 0 0 0 0 0 0 0 0 50 CITY OF MEDINA Office of the City Manager May 4, 2010 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: April 2010 Public Works Report The City Manager and the Public Works Director met with the Council City Hall Facilities Committee on April 27t" to review the 75% plans prepared by the Architect Consultants for the City Hall expansion. Several items were discussed that included the use of "Windsor" composite PVC windows rather than the vinyl windows proposed by the architects, sizing of the computer server rooms, attic access door placement for mechanical equipment access, and basement locker room configurations. City Hall Staff reviewed the plans on April 281" The City Manager and the Public Works Director met with the architects on April 29th. During that meeting, Council Facilities Committee review comments and staff review comments on the 75% plans were conveyed to the consultants. Other items that were discussed included deletion of the sliding wall in the Council chambers, shifting of the main floor restrooms to retain the rectangle Council chamber shape, include storage cabinets in the Council room for audio-visual equipment storage, arrange attic access to provide working spaces for consultants, move attic vents for the mechanical equipment to the side walls of the dormer additions, revise the door schedules and the room finish schedules, add lighting to the ceiling coving that is to conceal the individual heating and cooling system units, add interior trim around the windows, doors, and walls on the main floor, add exterior lighting to the main floor exterior decks, maintain power to the police communications tower during construction, and relocate the existing power pole in the parking lot in front of the emergency generator enclosure. The project schedule presently provides for 95% construction documents to be delivered to the City for review on May 7t", Council authorization to call for bids on May 10t" with project award scheduled for June 14t". The time frame between 75% and 95% construction document preparation is too tight and in order to provide sufficient time for contractor bid preparation it is recommended that bid opening and award be postponed to the July Council meeting with construction scheduled to begin after Medina Days on August 16th. This will allow the public to enjoy the use of the park for most of the summer and accommodate the annual Medina Days fireworks show. 2. WSDOT announced the selection of the preferred alternative for the Westside SR 520, 1-5 to Medina HOV and Bridge Replacement Project. The plan simplifies the design to one large lid over the freeway from the MOHI to Montlake, elimination of the arboretum ramps, a second bascule bridge over the Montlake Cut, and a small pedestrian lid at the University of Washington Stadium. Councilmember Nelson, Mayor Jordan, and Public Works Director Willis continue to discuss the SR 520 Eastside Project Points Communities jurisdictional agreements with WSDOT staff. At the last meeting on April 27t", WSDOT representatives agreed to reimburse the City for the cost to develop the agreements beginning on April 1 St and for technical coordination of the project design during the Design -Build stage of the project. WSDOT requests that one representative be appointed to serve as a technical coordinator for each City. Points Community Mayors are discussing the potential selection of one representative to serve as a technical consultant for all of the jurisdictions. Councilmember Nelson, the City Manager, and the Public Works Director were able to negotiate an agreement with WSDOT for WSDOT to include the design and fund the relocation of the Fairweather Park storm drainage high flow bypass system (constructed by the City within the northerly portion of the highway right-of-way to alleviate the erosion problem within the park caused by City/State stormwater runoff) as part of the Eastside SR 520 Project. On this basis and with WSDOT's express agreement to minimize to the maximum extent practicable the use of areas of Fairweather Park for subterranean tiebacks to support temporary shoring walls during construction of the permanent SR 520 freeway, the City Manager concurred that use of Fairweather Park constitutes a `de minimis' impact on the park. 3. The Public Works Director continues to discuss a temporary lease of a portion of the eastern St Thomas Church parking lot with Bob Simeone (Parish Hall Project Manager) for placement of temporary City Hall portable offices. A traffic study was completed by the City's Traffic Consultant (Transpo Group) which included a Sunday observation of traffic flow and parking areas. Consultant recommendations were provided to the Church for their review. The discussions are progressing and the formal lease agreement is expected to be brought to the Council for approval on June 14th. 4. The Park Board met on April 19th and was pleased with the possibility of placing the temporary City Hall portable offices in the St Thomas Church parking lot. Brochures for the Heron -cam project have been prepared to solicit donations to fund the project. Several Park Board members attended the annual Arbor Day tree planting in Medina Park on April 14t". An "Oregon Glory' maple tree was donated for the commemoration. Park Board meeting minutes are in your Council packet. 5. The Public Works crew continues to work on spring cleanup in the parks. Pruning and planter bed grooming is proceeding according to plan at Medina Beach Park, along NE 8t" and 82" d Ave NE and in Medina Park. Blackberry and brush removal continues along the fringes of the street right-of-way. The crew prepared a place near an existing park bench in northeast corner of Medina Park and planted a new maple tree to provide shade for park users to commemorate Arbor Day on April 14t" A board notices for E-lerts signup will be set out again on May 14t to remind residents to sign up to receive City newsletters and public notices via e-mail. 2 MEDINA CITY COUNCIL REGULAR MEETING MINUTES Medina City Hall Council Chambers April 12, 2010, 6:30 pm CALL TO ORDER ITEM CA-1 DRAFT Bret Jordan called the April 12, 2010 Regular Meeting of the Medina City Council to order at 6:40 pm. ROLL CALL Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, and Katie Phelps Council Members Absent: Shawn Whitney (excused) City Staff Present: Donna Hanson, City Manager; Steve Victor, City Attorney, Kenyon Disend; Jeff Chen, Police Chief; Joe Willis, Public Works Director; Robert Grumbach, Development Services Director; Nancy Adams, Finance Director; and Rachel Baker, City Clerk Mayor led council, staff and audience members in the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Jordan requested adding discussion concerning Meydenbauer Bay Neighbors Association. Council concurred to addition and agenda was approved. PRESENTATION City prosecuting attorneys Lynn Moberly and Sara Roberts introduced themselves and the work of their firm. Attorneys summarized crime trends and criminal filings and responded to inquiries from council members. PUBLIC COMMENT Mayor opened public comment period at 7:00 pm. Resident Daniel Lipkie commended council member Nelson for involvement locating potential city hall temporary location and staff for changes to related proposed ordinance. Mr. Lipkie voiced concern pertaining to ordinance and recommended adding two provisions: First, that every issuance of a permit be accompanied by a public hearing and second, to require council act on rezone permits. Resident suggested only permits issued after September 1 be subject to hearing. ITEM CA-1 DRAFT Mayor closed public comment period at 7:03 pm. REPORTS AND ANNOUNCEMENTS Jordan read Arbor Day Proclamation into the record. Phelps publicized the Arbor Day tree planting in Medina Park scheduled for April 14. Jordan reported Kirkland mayor is in favor of a regional tolling system and Governor Gregoire signed an SR-520 transportation bill. He also shared the state has withdrawn its intention to compensate Points communities for staff time related to the State Route 520 project and stressed matter will be followed by community officials. Nelson added Metro decided to scale back shelter covers due to funding, pointing out the decision opposes requests from the Points communities. Nelson stressed the Points mayors will address matter at an April 23 State Route 520 meeting. Dicharry summarized Eastside Transportation Partnership meeting he attended. Willis provided a State Route 520 update and summary pertaining to de minimis agreement for Fairweather Nature Preserve. Willis recommended against signing agreement until details can be worked out. Adams summarized financial reports and software reporting capabilities. Council members expressed satisfaction with receiving summary reports and detail reports going to finance committee. Adams recapped department priorities. Hanson summarized current community communication delivery efforts and monthly city manager report. Council discussed quarterly newsletter distribution and opted to continue electronic delivery only unless direct mail is requested. CONSENT AGENDA Jordan clarified motion on page five of March 8, 2010 meeting minutes and requested it to read: Authorize city manager to engage the wireless consultant to negotiate a lease agreement with T-Mobile for the use of city property at Fairweather Nature Preserve to locate a wireless communication facility and if a lease is successfully negotiated to bring it back to the city council for consideration. Council concurred. City Council Minutes April 12, 2010 Page 2 ITEM CA-1 DRAFT MOTION DICHARRY AND SECOND NELSON TO APPROVE CONSENT AGENDA. MOTION CARRIED 6-0 (WHITNEY ABSENT) AT 7:51 PM. - Approval of Corrected March 8, 2010 City Council Regular Meeting Minutes - Approval of March 22, 2010 City Council Special Meeting Minutes - Approval of March 2010 Check Register - Acceptance of February 24, 2010 Park Board Minutes - Acceptance of February 17, 2010 Emergency Committee Minutes - Acceptance of February 23, 2010 Planning Commission Minutes OTHER BUSINESS Wireless Facilities Update — Consultant Presentation (7.51 pm) Jeff Langdon and Tom Holland delivered presentation summarizing history of wireless, current coverage in city and responded to inquiries from council. Consultants confirmed a recommendation will be prepared for May council meeting. Proposed Ordinance Relating to the Placement of Temporary Government Facilities on Properties with a Non -Residential Use (8:31 pm) Grumbach provided synopsis of ordinance. Council discussion ensued MOTION DICHARRY AND SECOND LEE TO MOVE TO APPROVE AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON RELATED TO THE LOCATION OF TEMPORARY PUBLIC FACILITIES. MOTION CARRIED 5-1 (BOYD OPPOSED, WHITNEY ABSENT) AT 8:49 PM. Temporary City Hall (8:49 pm) Willis summarized temporary city hall location proposal for St. Thomas Church and answered questions from council members. MOTION AND SECOND TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE A LEASE AGREEMENT WITH ST THOMAS CHURCH AND SIGN THE AGREEMENT PROVIDED THE TOTAL LEASE AGREEMENT COSTS DO NOT EXCEED $20,400 AND TO SIGN LEASE AGREEMENTS FOR PORTABLE OFFICES PROVIDED THE LEASE COSTS DO NOT EXCEED $ 50,000. MOTION CARRIED 6-0 (WHITNEY ABSENT) AT 9:11 PM. Discussion Regarding Pitched Roof Incentives (9:11 pm) Grumbach provided summary of planning commission's discussion and analysis on topic and discussion followed for purposes of seeking clear guidance from council about objectives and alternatives on matter. Direction led to light and air considerations over bulk. Council expressed preference to receive a planning commission proposal by year end. City Council Minutes April 12, 2010 Page 3 ITEM CA-1 ©RAFT Shoreline Master Program Update — Advisory Committee (9.29 pm) Grumbach recapped open house held April 7 and conveyed city would advertise for committee positions before inviting current park board and planning commission members and those that voiced an interest at the open house. Meydenbauer Bay Park Plan (9:33 pm) Following discussion, staff was asked to draft a letter to the Bellevue City Council citing the effects of increased traffic and transient moorage impacts without proper mitigation considerations. Council Agenda Calendar (9:49 pm) Agenda calendar discussed. MOTION DICHARRY AND SECOND NELSON TO EXCUSE COUNCIL MEMBER WHITNEY FROM APRIL 12, 2010 COUNCIL MEETING. MOTION CARRIED 6-0 WHITNEY ABSENT AT 9:51 PM. Mayor called for a break at 9:52 pm and the meeting was called back to order at 9:55 pm. EXECUTIVE SESSION The city council recessed into executive session at 9:55 pm, for an estimated time of ten minutes pursuant to RCW 42.30.110 (1)(g) to review the performance of a public employee. City council members Boyd, Dicharry, Jordan, Lee, Nelson, and Phelps, and city attorney were present. Executive session was extended ten minutes at 10:05 pm. Executive session adjourned and council resumed its regular meeting at 10:07 pm. No action was taken. ADJOURNMENT MOTION NELSON AND SECOND LEE TO ADJOURN THE APRIL 12, 2010 REGULAR MEETING AND MOTION CARRIED 6-0 WHITNEY ABSENT AT 10:07 PM. The April 12, 2010 Regular Meeting of the Medina City Council adjourned at 10:07 pm. The Medina City Council will hold its next regular meeting on Monday, May 10, 2010, at 6:30 pm. 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In the past, it was projected the King County jail population would swell to over capacity. Recently, the county has seen a dramatic drop in felony bookings since late 2007. If the trend continues, the county's two jails will reach capacity later than the original projection of 2012. In 2001, the county notified its contract cities that they would have to find other jail space after 2012. The cities are currently planning construction of new jails. Medina can later explore a future contract (cheaper than King County) with the South County Regional (SCORE) Justice Center which will come on-line in 2012. We currently have jail contracts with Issaquah, Kirkland, King County and Yakima. It is most cost effective for our officers to book prisoners into Kirkland or Issaquah's jail facility. Kirkland will only take males while Issaquah Jail will accept both male and female prisoners. Our cost is approximately $80 per day with NO booking fee for an inmate. Transportation costs to and from court hearings are not included. Whenever we have prisoners with violent, mental, medical or physical issues; King County Jail is our only option. King County has professionals capable of dealing with these types of issues but commensurately is the most expensive facility for us to book prisoners. Our cost is approximately $120 per day with a $220 booking fee per inmate. We use Yakima correctional facility to house inmates that have jail sentences over 30 days in duration at a cost of approximately $60 per day. BUDGET/FISCAL IMPACT: None STAFF RECOMMENDATION: �Iecbmmend approval of Extension of the King County Jail Services Contract CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: (Consent Agenda) February 2010: The new King County Jail Contract The current King County jail agreement continues through December 31, 2012. The extension provides the JAG cities the option to continue using King County jail facilities through 2016. The Cities have until May 1, 2010 to consider and adopt the extension. Cities that do not accept the extension would still be able to continue using King County under the terms of the current jail agreement through December 31, 2012. While the proposal includes a rate increase that would take effect in November 2010 for most cities, it provides certainty of beds at King County through 2016. In addition, similar to the current agreement, cities who accept the extension contract are not obligated to purchase beds from King County. The new rates implemented with the extension would be variable, depending on what type of service an inmate is receiving. Compared to the current contract, the rates are higher for booking and inmates receiving medical, psychological, hospital guarding services. All variable fees are subject to an annual inflator of 5% (with the exception of the Psych Services and Infirmary categories, which are inflated annually by 6.5%). In addition, rates will be reset per the schedule detailed in the table below. These resets would be based on King County's actual costs, which may result in further increases (or possibly, decreases) to the rates, but this is not feasible to determine at this time. In comparision with the current contract, the daily general population bed rate would be lower. In order to help control costs, King County also intends to provide information to a City, within 2 business days, when a City Inmate is receiving off -site medical care, infirmary or psychiatric care that will subject a City to surcharges. Here is a summary of the general terms of the new agreement: Contract Length 6 years (2010 through 2016) 4 years beyond current contract Number of beds 330 beds in 2010-2012 (currently provided), plus 330 beds in 2013 and 2014; 250 beds in 2015 and 2016 Start Date for Variable Rates For Seattle, June 1, 2010; for any other cities that sign, November 2010. Proposal rates are in 2007 dollars and will be inflated to 2010 dollars as follows: Annual Inflators 5% per year, except for Psych Services and Infirmary which are increased at 6.5% per year. Exception: lower inflators of 39/o/5% will be used to increase 2009 dollars to 2010 dollars. Daily rate - $105.93 (current contract rate in 2010 is $122.12) WER (work release) - $78.58 (under the current contract, cities are charged the daily rate for work release inmates) Booking rate - $341.82; if No PR Screeners - $288.93 (current booking rate in 2010 is $233.58) Rates he following surcharges would be in addition to the daily rate: (in 2010 dollars) • 1on1 Guarding - $1,318.80 ($54.95 per hour) • Acute Psych Housing - $154.64 • Psych Care Services - $65.90 (for general pop. Psych inmates as well as any inmate in Acute Psych Housing) 0 Infirmary - $160.89 There will be three rate resets: Resets 1) January 2011 based on 2009 actuals (then inflated) 2) January 2013 based on 2011 actuals (then inflated) 3) January 2015 based on 2013 actuals (then inflated) ties that do not initially sign the contract but choose to do so later will be required to 3y the difference between the current contract rates and the new variable rates for beds ;ed, retroactive to the date when the variable rates go into effect, plus will be subject to surcharge The surcharge will be retroactive to the date when the variable rates go into fect, calculated as follows: tecomers . 250% of the difference in the city's costs if cities representing not less than 75% rcharge the combined cities' misdemeanant ADP for 2008 initially sign the contract; • 400% of the difference in the city's costs if less than this number initially sign the contract. e: The 75% threshold would be reached if Bellevue, Kirkland, Redmond, Seattle, and reline sign the agreement. The following information, Exhibit III-2, is an excerpt from the contract extension agreement. Tables detail the exact services that the surcharges cover under the new contract. Summary Description of Cost Model Surcharges and Pass -Through Charges Surcharge Description 1. 1:1 Guarding Cost to guard an inmate in a 1:1 situation. Most common occurrence is at hospital or at off site medical appointments. If more than one guard is required, then the rate would be the multiple of guards. 2. Acute Psychiatric Care (two components) — billed by location (7North in KCCF or successor location) a. Psychiatric Care Surcharge Costs for Jail Health Services (JHS) treatment team for services listed below for Psychiatric Care. b. Acute Psychiatric Housing Costs for additional officer staffing for: 15-minute checks, Surcharge assistance with feeding, emergency responses, escorts, and other necessary services to provide for an inmate who poses a potential danger to him or her self. 3. Non -Acute Psychiatric Care (one component) a. Psychiatric Care Surcharge Casts for JHS Psychiatric treatment team for services listed below for Psychiatric Care. 4. Infirmary Care Costs for JHS Infirmary care, services listed on reverse. 5. Off -Site Medical Charges Costs for inmates to receive services from outside medical providers (services not available from JHS). Examples include: •A Hospital care ❖ Dialysis ❖ Cancer treatment (chemotherapy, radiation) ❖ Specialized transport to medical appointments (wheelchair bound inmates) JHS Psychiatric Care Services Provided: Criteria: ❖ Psychiatric Housing Inmates with severe or unstable mental health conditions are ❖ Psychiatric Treatment & Management placed in psychiatric housing units and receive a level of ❖ Psychiatric Treatment Team monitoring and care based on the acuity of their mental Monitoring illness. Inmates in psychiatric housing are evaluated upon ❖ Medication Administration admission and then re-evaluated on a regular basis by a ❖ Mental Health Crisis Counseling multi -disciplinary treatment team. ❖ Psychiatric Therapy Groups JHS Infirmary Care Services Provided: Criteria: ':• 24-hour Skilled Nursing Care Inmates who meet diagnostic criteria that require 24-hour Daily Provider Rounds skilled nursing care are housed in the KCCF Infirmary. ❖ Treatment and Management of Examples include but are not limited to: Complex Disease States ':• Substance abusers requiring medical ❖ Medication Administration detoxification/withdrawal management (chronic ❖ Activities of Daily Living Assistance alcoholics and opiate addicted pregnant.females); ❖ Alcohol Detoxification ':• Individuals with non -stable medical conditions such as: need for kidney dialysis, wired jaws, newly started on blood thinning medication; ❖ Individuals who are mobility impaired and/or not independent in activities of daily living; ❖ Individuals requiring IV therapy or with central lines in place; ❖ Individuals who are acutely ill, post surgical, who require convalescent care, and those with conditions requiring extensive treatment and frequent monitoring; and ❖ Individuals with severe respiratory problems requiring nebulizer treatments, oxygen and close observation. Inmates are formally admitted to infirmary care following assessment by a physician or nurse practitioner and then monitored daily by provider and nursing staff. Discharge from the infirmary occurs either at the time of release from jail or as the patient's condition improves and can be safely managed in general population housing. Some individuals remain in infirmary care for the duration of their incarceration. Amendment to Interlocal Agreement Between King County and the City of Medina for Jail Services THIS AGREEMENT is dated effective as of the 1S` day of May, 2010, and, with respect to the parties hereto, amends and restates the November 1, 2002 Original Agreement. The Parties to this Agreement are King County, a Washington municipal corporation and legal subdivision of the State of Washington (the "County") and the City of Medina, a Washington municipal corporation (the "City"). This Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34) and the City and County Jails Act (RCW Chapter 70.48). In consideration of the promises, payments, covenants and agreements contained in this Agreement, the parties agree as follows: Definitions: Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this Agreement: 1.1 "Booking" means registering, screening and examining inmates far confinement in the Jail; inventorying and safekeeping inmates' personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate. 1.2 "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except holidays and County -designated furlough days. 1.3 "City Inmate" means a person booked into or housed in the Jail when a City charge is the principal basis for booking or confining that person. A City charge is the principal basis for booking or confining a person where one or more of the following applies, whether pre-trial or post -trial: 1.3.1 The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross misdemeanor offense within the City's jurisdiction, whether filed under state law or city ordinance; 1.3.2 The person is booked or confined by reason of a Court warrant issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; 1.3.3 The person is booked or confined by reason of a Court order issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; or, 1.3.4 The person is booked or confined by reason of subsections 1.3.1 through 1.3.3 above, in combination with charges, investigation of charges, and/or warrants of other governments, and the booking or confinement by reason of subsections 1.3.1 through 1.3.3 above is determined to be the most serious charge in accordance with Exhibit I. 1.3.5 A City charge is not the principal basis for confining a person where the person is booked or confined exclusively or in combination with ether charges by reason of a felony charge or felony investigation. 1.3.6 A City charge is not the principal basis for confining a person where the person is confined exclusively or in combination with other charges by reason of a Medina Interlocal Agreement: Jail Services felony charge or felony investigation that has been reduced to a State misdemeanor or gross misdemeanor. 1.4 "Contract Cities" means cities that are signatory to the Original Agreement. The Contract Cities are listed in Exhibit VII. 1.5 "Continuity of Care Records" means an inmate's diagnosis, list of current medications, treatments, PPD (tuberculosis screening test) results and scheduled appointments or follow-ups. 1.6 "County Inmate" means any inmate that is not a City Inmate. 1.7 "Force Majeure" means war, civil unrest, and any natural event outside of the party's reasonable control, including fire, storm, flood, earthquake or other act of nature. 1.8 The first "Inmate Day" means confinement for more than six (6) hours measured from the time such inmate is first presented to and accepted by the Jail until the inmate is released, provided that an arrival on or after six (6) o'clock p.m. and continuing into the succeeding day shall be considered one day. The second and each subsequent Inmate Day means confinement for any portion of a calendar day after the first Inmate Day. For persons confined to the Jail for the purpose of mandatory DUI sentences, "Inmate Day" means confinement in accordance with Exhibit II. 1.9 "JAG" means the Jail Agreement Administration Group created pursuant to Section 10 of this Agreement. 1.10 "Jail" means a place primarily designed, staffed, and used for the housing of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders charged or convicted of a criminal offense; or for confinement during a criminal investigation or for civil detention to enforce a court order. Upon the date of the execution of the Original Agreement, Jail included the King County Correctional Facility, the detention facility at the Regional Justice Center, the North Rehabilitation Facility; and any Community Corrections Facility and/or Program, such as Work Release, Electronic Home Detention, Work Crews, Day Reporting, and Evening Reporting operated by the County directly or pursuant to contract. 1.11 During the Initial Fee Period, "Medical Inmate" means a City Inmate or County Inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's infirmary or other medical facility that the County may choose to send a Medical Inmate. During the Revised Fee Period, a "Medical Inmate" means a City Inmate or County Inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's infirmary. During both the Initial Fee Period and the Revised Fee Period, if an inmate is moved to the general population then the inmate is no longer considered a Medical Inmate. Medina Interlocal Agreement: Jail Services 1.12 "Official Daily Population Count" is an official count of inmates in the custody of the Jail made at a point in time in a 24-hour period for, among other purposes, security and population management. It is not used for billing purposes. 1.13 "PARP" means the Population Alert and Reduction Plan attached as Exhibit IV. 1.14 During the Initial Fee Period, "Psychiatric Inmate" means a City Inmate or County Inmate clinically determined by the Seattle -King County Department of Public Health, or its successors charged with the same duties, as needing the level of services provided in the Jail's psychiatric housing units or other medical facility that the County may choose to send a Psychiatric Inmate. If an inmate is moved to the general population then the inmate is no longer considered a Psychiatric Inmate. During the Revised Fee Period, "Psychiatric Inmate" means either an Acute Psychiatric Inmate or a Non -Acute Psychiatric Inmate, as defined below: 1.14.1 An "Acute Psychiatric Inmate" is an inmate clinically determined by the Seattle - King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's acute psychiatric housing units (as further described in Exhibit III, Attachment III-2). If an Inmate is moved to housing outside the Jail's acute psychiatric housing units then the Inmate is no longer considered an Acute Psychiatric Inmate. 1.14.2 A "Non -Acute Psychiatric Inmate" is an inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, as needing Psychiatric Care Services (as further described in Exhibit III, Attachment III-2) and housed outside the Jail's acute psychiatric housing units. 1.15 "Agreement" means the Interlocal Agreement by and Between King County and the City for Jail Services in 2002 as amended by the Amendment. 1.16 "Amendment" means this Amendment to the Interlocal Agreement by and Between King County and the City for Jail Services in 2002. 1.17 Amendment JAG" means the Amendment Jail Administration Group created pursuant to Section 10. 1.18 "DAJD" means the King County Department of Adult and Juvenile Detention or its successor agency. 1.19 "Extension Cities" means the City and other cities that are signatory to this Amendment or to an agreement in substantially identical form to this Amendment. 1.20 "Extension Period" means the calendar years 2013 through 2016. 1.21 "Non -Extension Cities" means Contract Cities that are not Extension Cities. 3 Medina Interlocal Agreement: Jail Services 1.22 "Extension City Inmate" means a City Inmate that is the responsibility of an Extension City. 1.23 "Initial Fee Period" means the period from the effective date of the Original Agreement until the commencement of the Revised Fee Period. 1.24 "Revised Fee Period" means the period from and after the date the Revised Fees and Charges are first imposed on the City, (which date is June 1, 2010, for the City of Seattle and November 1, 2010 for all other Extension Cities) through the expiration of this Agreement on December 31, 2016 or its earlier termination. 1.25 "Revised Fees and Charges" are the Fees and Charges imposed during the Revised Fee Period as described in Section 3 and Exhibit III.B. 1.26 "Surcharge" means any of the following special charges, defined at Exhibit III.B.3 and further described in AttachmentHI-2: Infirmary Care Surcharge; Non -Acute Psychiatric Care Surcharge; Acute Psychiatric Care Surcharge; 1:1 Guarding Surcharge. 1.27 "Offsite Medical Care Charges" means those pass through charges for treatment of a City Inmate where that inmate is clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, as needing a level of services provided from offsite medical institutions, as further defined in Exhibit III.B.4 and Attachment III-2. An Inmate may receive Offsite Medical Care that triggers an Offsite Medical Care Charge without being otherwise classified as a Medical or Psychiatric Inmate (e.g., some inmates held in the general population receive offsite medical care that will result in Offsite Medical Care Charges being incurred). 1.28 "Original Agreement" means the interlocal agreement for jail services between King County and the City as originally executed between the County and the City effective November 1, 2002. The Contract Cities each signed a separate agreement with the County in form substantially similar to the Original Agreement. 1.29 "WER Charge" is the daily housing charge incurred for City Inmates housed in the Work and Education and Release program as further described in Exhibit III.B. 2. Jail and Health Services. The County shall accept City Inmates for confinement in the Jail, except as provided in Sections 4.5 and 11 of this Agreement. The County shall also furnish the City with Jail facilities, booking, transportation among County facilities, as determined necessary in the County's sole discretion, including the various Jail facilities, Harborview Medical Center and Western State Hospital, and custodial services, and personnel for the confinement of City Inmates at least equal to those the County provides for confinement of County Inmates. However, the County reserves the right to operate specific programs and/or facilities exclusively for County Inmates. The County shall furnish to City Inmates all Jail medical, dental and other health care services required to be provided pursuant to federal or state law. Also, the County shall make every reasonable effort to release a City Inmate as expeditiously as possible after the County has received notification of a court order to release. Medina Interlocal Agreement: Jail Services 3. City Compensation. The City will pay the County a booking fee and a maintenance charge as follows: 3.1 Booking Fee. The booking fee shall be assessed for the booking of City Inmates by or on behalf of the City into the Jail. The booking fee shall be as provided in Exhibit I11. During the Revised Fee Period, two different booking fees will be available to the City on the terms and conditions described in Exhibit III.B. The effective date of each annual adjustment for booking fee(s) will be January 1". In both the Initial Fee Period and the Revised Fee Period: 3.1.1. The County will maintain its program of contacting the City after booking a City Inmate in order to give notice that the City Inmate has been booked and to provide the opportunity for release to the City if the City so desires. Such action will take place as soon as reasonably possible but no later than the next business day after booking and will result in no maintenance charges if. the City Inmate is released to the City within six hours of booking. The parties agree that the issue of providing earlier notice to the Contract Cities of booking of City Inmates shall be immediately referred to JAG for resolution. 3.1.2. The County will maintain its program to notify the City of the status of its inmates in cases where confinement is the result of multiple warrants from two or more jurisdictions. This program will allow the City to take custody of a City Inmate if it so desires after the other jurisdictional warrants are resolved and thereby prevent unnecessary maintenance charges. 3.2 Maintenance Charge. The maintenance charge shall be assessed for a City Inmate for each Inmate Day. The effective date of each annual adjustment will be January I". During the Initial Fee Period, the maintenance charge shall be as provided in Exhibit III.A. Also during the Initial Fee Period, the City will be billed the daily maintenance charge for Medical and Psychiatric Inmates, except as provided for in Section 11.7 of this Agreement. During the Revised Fee Period, the maintenance charge shall be assessed for a City Inmate for each Inmate Day as provided in Exhibit III.B. During the Revised Fee Period, the City may qualify for a WER Charge in lieu of the maintenance charge as described in Exhibit III.B.3. 3.3 Surcharges and Offsite Medical Charges. During the Revised Fee Period, in addition to the booking fee, maintenance charge and WER charge, the City will be charged for Offsite Medical Charges and Surcharges as detailed in Exhibit III.B. 3.3.1 Proposed Notice of Certain Surcharges. The County intends to provide or make available to the City timely information of occurrences when a City Inmate is admitted to Harborview or other offsite medical institution, or is receiving infirmary care or psychiatric care that will subject a City to Surcharges. Information provided or made available will be based on information known to DAJD at the time (since billing status of an Inmate may be changed retroactively based on new information or other factors). The County intends to provide or make available this information within 2 business days following the day in 5 Medina Interlocal Agreement: Jail Services which the chargeable event occurs and will make good faith efforts to provide information sooner if practicable. The County will make good faith efforts to try to institute a means to inform the City within 24 hours of the admittance of a City Inmate to Harborview or other offsite medical institution. The County's failure to provide or make available information or develop quicker means to provide information to the City as detailed above shall not excuse the City from financial responsibility for related Offsite Medical Charges or Surcharges, and shall not be a basis for imposing financial responsibility for related Offsite Medical Charges or Surcharges on the County. 3.4 Proportional Billing_ The parties intend to develop a system of proportional billing which will divide the costs of incarceration between two or more jurisdictions where multiple jurisdictions have a hold on a City Inmate. The parties agree to negotiate, in good faith, in an attempt to develop such a system. 4. Billing and Dispute Resolution Procedures. 4.1 The County shall transmit billings to the City monthly. Within forty-five (45) days after receipt, the City shall pay the full amount billed or withhold a portion thereof and provide the County written notice specifying the total amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). Notwithstanding the foregoing, during the Revised Fee Period, the County shall bill the City for Offsite Medical Charges as such charges are periodically received by the County from third party medical institutions or other offsite medical providers. This may or may not occur on a monthly basis. Such Offsite Medical Charges shall be due within such time and subject to such withholding and dispute resolution procedures as otherwise provided in this Section 4. 4.2 Withholding of any amount billed or alleging that any party is in violation of any provision of this Agreement shall constitute a dispute, which shall be resolved as follows: 4.2.1 The County shall respond in writing to billing disputes within 60-days of receipt of such disputes by the DAJD billing offices. To ensure the soonest start to the 60-day timeline, the City should send billing disputes directly to the DAJD billing office rather than any other County office or officer. The DAJD billing office address as of the date of this Amendment is: KC DAJD Attn: Finance — Inmate Billing 500 51h Avenue Seattle, WA 98104 FAX Number: 206-296-0570 4.2.2 Thereafter, the County and the City shall attempt to resolve the dispute by negotiation. If such negotiation is unsuccessful, either party may refer the dispute to JAG for resolution. For disputes involving fees and charges incurred during the Revised Fee Period or otherwise solely arising under the terms and Medina Interlocal Agreement: Jail Services conditions of the Amendment, the dispute shall be referred to the Amendment JAG. In the event JAG or Amendment JAG, as applicable, is unable to resolve the dispute within 30-days of referral, either party may appeal. All appeals shall be referred to the Chief Executive Officer of the City, or designee, and the County Executive, or designee, for settlement. If not resolved by them within thirty (30) days of the referral, the Chief Executive Officer and the County Executive by mutual written consent may seek arbitration or mediation of the matter. Each party shall pay one-half of the arbitrator's or mediator's fees and expenses. If mutual written consent to apply for the appointment of an arbitrator or mediator is not reached, or the dispute is not resolved through arbitration or mediation, either party may seek court action to decide the dispute. If either party prevails in a court action to enforce any provision of this Agreement, it shall be awarded reasonable attorney's fees to be based on hourly rates for attorneys of comparable experience in the community. 4.3 Any amount withheld from a billing, which is determined to be owed to the County pursuant to the dispute resolution procedure described herein, shall be paid by the City within thirty (30) days of the date of the negotiated resolution or appeal determination. 4.4 Any undisputed billing amount not paid by the City within sixty (60) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure that are not paid within thirty (30) days of resolution, shall be conclusively established as a lawful debt owed to the County by the City, shall be binding on the parties and shall not be subject to legal question either directly or collaterally. This provision shall not limit a City's ability to challenge or dispute any billings that have been paid by the City. 4.5 If the City fails to pay a billing within 45-days of receipt, the County will notify the City of its failure to pay and the City shall have ten (10) days to cure non-payment. In the event the City fails to cure its nonpayment, the City shall be deemed to have voluntarily waived its right to house City Inmates in the Jail and, at the County's request, will remove City Inmates already housed in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may accept no further City Inmates until all outstanding bills are paid. 4.6 The County may charge an interest rate equal to the interest rate on the monthly County investment earnings on any undisputed billing amount not paid by the City within forty- five (45) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure. 4.7 Each party many examine the other's books and records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. Disputes on matters related to this Agreement which are revealed by an audit shall be resolved pursuant to Section 4.2. Medina Interlocal Agreement: Jail Services 5. Term. This Agreement shall commence on November 1, 2002 and shall supersede all previous contracts and agreements between the parties relating to the Jail and jail services. This Agreement shall extend to December 31, 2016. 6. Termination. Either party may initiate a process to terminate this Agreement as follows: 6.1 Ten -Day Notice of Intent to Terminate. Any party wishing to terminate this Agreement shall issue a written notice of intent to terminate, not less than ten (10) days prior to issuing a ninety (90) day termination notice under Section 6.2 of this Agreement. Upon receipt of the written notice of intent to terminate, the parties will meet to confer on whether there are steps that the non -terminating party can take in order to avoid a ninety (90) day termination notice under section 6.2 of this Agreement. 6.2 Ninety -Day Termination Notice. After the ten (10) day period has run under Section 6.1 of this Agreement, the party desiring to terminate this Agreement may provide the other party ninety (90) days written termination notice, as provided in RCW 70.48.090. 7. [Section number reserved]. 8. Indemnification. 8.1 The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from any and all claims, actions, suits. liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that, the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 8.2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 8.3 In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility, which arises in whole or Medina Interlocal Agreement: Jail Services in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 8.4 The terms of Section 8 "Indemnification" shall survive the termination or expiration of this Agreement. 9. Most Favored Treatment. The County represents and assures the City that no other city or town has or will receive more favored treatment under a contract with the County covering the Jail or jail services. If advantages are provided inmates of another city or town, like advantages shall be extended to City Inmates; and if lower rates are provided in any contract with another city or town, such reduced charges shall be extended to the City under this Agreement. This Section shall not apply to a) temporary service contracts twelve months' or less in duration; provided that such temporary service contracts shall not cause the City to pay more in maintenance charges and booking fees than the City would have paid without such a temporary service contract; b) reciprocal bed use agreements; c) any agreement among the County and any city or town related to additional jail capacity at a new or expanded Jail; and d) any agreements for services among the County and any city or town for additional services not provided for in this Agreement. Notwithstanding anything in this section to the contrary, the City of Seattle has by separate agreement waived its rights under this section with respect to the date on which the City of Seattle will begin paying rates and charges per the Revised Rates described in Exhibit III.B. Other than the waiver described in the preceding sentence, the parties agree that this Section 9 is otherwise not triggered by execution of the Amendment. 10. Jail A-greement Administration Group (JAG). JAG is hereby established to work together to assure the effective implementation of this Agreement and resolve any Agreement or PARP administration, implementation or interpretation issues including, without limitation, issues related to inmate transportation, alternative and community correction programs, coordination with the courts and law enforcement, mental health, drug and alcohol treatment, Agreement interpretation, any capital expenditure charge or budget included in the maintenance fee, referrals of disputes under Section 4 and issues related to the expedient transfer of City Inmates into or out of alternative facilities within or outside of King County. JAG shall also negotiate any re -opener of the provisions described in Section 7 of this Agreement. JAG shall be initially established by November 1, 2002. The committee shall be composed of eight persons as follows: County Executive Representative (1) City of Seattle Representative (1) City of Bellevue Representative (1) Director of the Department of Adult and Juvenile Detention (1) Suburban Cities Representatives (4) W Medina Interlocal Agreement: Jail Services The City of Seattle representative will be appointed by the Mayor of Seattle. The City of Bellevue representative will be appointed by the City Manager. The Suburban Cities Association (SCA) shall select four (4) representatives through a process defined by the SCA. The Mayor of Mayor/Council cities or the City Manager of Council/Manager cities shall appoint the representative of each city selected by the SCA. Notice of the city representatives and any changes thereto shall be provided to the County Executive. The Committee shall meet at least quarterly. A Chair shall be selected from among the members. For issues arising solely under this Amendment that are otherwise within the same scope of issues that are the purview of the JAG, there is created an Amendment JAG which shall serve the function of the JAG as described herein. The Amendment JAG shall be composed of up to seven persons as follows: County Executive Representative (1) Director of the Department of Adult and Juvenile Detention (1) City of Seattle Representative (1) Extension City Representatives: (one per city, not to exceed 4 in total) The extension cities will determine who their representatives are to the Amendment JAG. The parties agree that Amendment JAG has no authority to make a final decision with regard to any matter related to the Agreement and Amendment. If any Extension City, or the County, is not satisfied with status of a matter after discussion in the Amendment JAG, that party retains all rights to seek further legal redress as provided for the Agreement and Amendment. 11. Jail Capacity. The parties understand that the number of beds available in King County may not meet the demands for those beds in the future. The following items attempt to address the needs of the local criminal justice system for adequate secure bed space and the County's ability to prevent excessive and unmanageable crowding conditions within capacity. 11.1 PARP. The parties agree to make a good -faith effort to cooperatively implement all provisions of the PARP. Additionally, King County agrees to be bound to the Population Alert Notification section of the PARP with the caveat that King County will not be held to the Population Alert Notification section of the PARP in the event of force majeure or computer or telecommunications failure. The parties have also prepared a Table set forth in Exhibit V. This Exhibit represents a good faith effort by the parties to estimate Jail bed demand and supply for the years 2002 through 2005. However, the King County supply scenarios contained in Exhibit V are not binding on the County. 11.2 Capacity for City Inmates. When necessary, King County will double bunk the Regional Justice Center up to 65% to accommodate City Inmates. The parties understand that the County's commitment to double bunk up to 65% at the Regional Justice Center to accommodate City Inmates means that the County will not set a budgetary constraint that will prevent the County from performing under the terms of this Agreement. 10 Medina Interlocal Agreement: Jail Services 11.3 The Contract Cities agree to the following population reduction schedule for the aggregate number of City Inmates. A) By December 31, 2003, at the time of the Jail's Official Daily Population Count the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 380. B) By December 31, 2004, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City [nmates in the Jail to 250. C) By July 1, 2005, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 220. D) By December 31, 2012, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 0, with the exception that inmates whose status has changed to City Inmate will not be included in the calculation of the aggregate number of City Inmates if the inmate is removed from the Jail within 72-hours of such change in status; provided that this subsection (D) shall not apply to Extension Cities. For the purpose of determining the aggregate number of City Inmates only, and not for billing purposes, inmates held on multiple warrants by the County which include one or more city warrants in addition to a County and/or state warrant and City Inmates that have been booked into the Jail and the Contract Cities have not been notified of such booking shall not be considered a City Inmate. Also, City Inmates housed in the Jail pursuant to a reciprocal bed -use agreement will not be considered City Inmates for the purpose of determining the aggregate number of City Inmates. 11.4 The City agrees to be bound by the population reduction schedule listed in Section 11.3. Accordingly, in the event the aggregate City Inmate population: A) Exceeds 380 on any given day from December 31, 2003, through December 31, 2004; or B) Exceeds 250 on any given day from December 31, 2004, through June 30, 2005; or C) Exceeds 220 on any given day from July 1, 2005 to December 31, 2012; or D) Exceeds 0 on any given day after January 1, 2013, except as provided in Sections 11.3 and 11.5.1; then the County will have the right to take the actions outlined in Section 11.5. 11.5 The County will notify the Contract Cities by phone or electronic mail, if the Contract Cities have exceeded the population reduction schedule described in Sections 11.3 and 11 Medina Interlocal Agreement: Jail Services 11.4. The County may then decide to continue to house City Inmates in excess of the population reduction schedule listed in Sections 11.3 and 11.4. Alternatively, the County may refuse to accept bookings from the City until such time as the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4. If the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4, through removal of City Inmates from the Jail, then the County will be obligated to accept new City bookings. The notification required by the first sentence of this Section, will be made to the person designated in Section 13.10 of this Agreement, and will inform the City whether the County intends to continue to house City Inmates in excess of the population reduction schedule listed in Sections 11.3 and 11.4, or whether the County will refuse to accept bookings from the City until such time as the aggregate number of'City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4. 11.5.1 The Extension Cities are not required to reduce the aggregate number of Extension City Inmates to 0 by December 31, 2012. Rather, the Extension Cities agree to the following: A) By December 31, 2012, at the time of the Jail's Official Daily Population Count the Extension Cities agree to reduce the aggregate number of Extension City Inmates in the Jail to 330. B) By December 31, 2014, at the time of the Jail's Official Daily Population Count, the Extension Cities agree to reduce the aggregate number of Extension City Inmates in the Jail to 250. C) By December 31, 2016, at the time of the Jail's Official Daily Population Count, the Extension Cities agree to reduce the aggregate number of Extension City Inmates in the Jail to 0, with the exception that inmates whose status has changed to City Inmate will not be included in the calculation of the aggregate number of Extension City Inmates if the inmate is removed from the Jail within 72-hours of such change in status. For the purpose of determining the aggregate number of Extension City Inmates only, and not for billing purposes, inmates held on multiple warrants by the County which include one or more city warrants in addition to a County and/or state warrant and City Inmates that have been booked into the Jail and the Extension Cities have not been notified of such booking shall not be considered an Extension City Inmate. Also, Extension City Inmates housed in the Jail pursuant to a reciprocal bed -use agreement will not be considered Extension City Inmates for the purpose of determining the aggregate number of Extension City Inmates. 11.5.2 The City agrees to be bound by the population reduction schedule listed in Section 11.5.1. Accordingly, in the event the aggregate Extension City Inmate population: 12 Medina Interlocal Agreement: Jail Services A) Exceeds 330 on any given day from December 31, 2012, through December 31, 2014; or B) Exceeds 250 on any given day from January 1, 2015, through December 31, 2016; or C) Exceeds 0 on any given day after January 1, 2017, except as provided in Section 11.5.1; then the County will have the right to take the actions outlined in Section 11.5.3. 11.5.3 The County will notify the Extension Cities by phone or electronic mail, if the Extension Cities have exceeded the population reduction schedule described in Sections 11.5.1 and 11.5.2. The County may then decide to continue to house Extension City Inmates in excess of the population reduction schedule listed in Sections 11.5.1 and 11.5.2. Alternatively, the County may refuse to accept bookings from the City until such time as the aggregate number of Extension City Inmates is reduced below the population reduction schedule listed in Sections 11.5.1 and 11.5.2. If the aggregate number of Extension City Inmates is reduced below the population reduction schedule listed in Sections 11.5.1 and 11.5.2, through removal of Extension City Inmates from the Jail, then the County will be obligated to accept new City bookings. The notification required by the first sentence of this Section 11.5.3, will be made to the person designated in Section 13.11 of this Agreement, and will inform the City whether the County intends to continue to house Extension City Inmates in excess of the population reduction schedule listed in Sections 11.5.1 and 11.5.2, or whether the County will refuse to accept bookings from the City until such time as the aggregate number of Extension City Inmates is reduced below the population reduction schedule listed in Sections 11.5.1 and 11.5.2. 11.5.4 The parties agree to confer not less than quarterly during the Extension Period (2013-2016) to determine in good faith whether any of the beds reserved for Extension City Inmates are not likely to be needed by those cities in the near term and may thus be reassigned to third parties (including, but not limited to the state department of corrections) on a short term basis (30 day minimum). The purpose of this provision is to maximize county revenue recovery without impacting the Extension Cities' ability to access needed beds. 11.5.5 The County will review inmate population information and forecasts periodically during the Extension Period and increase the maximum number of beds available to cities as the County determines is reasonably practicable. 11.5.6 During the extension period Extension Cities can collectively access up to a maximum of 15 Work and Education Release (WER) beds, subject to availability, on a first come, first serve basis; provided further that these beds will not be held in reserve for the Extension Cities. 13 Medina Interlocal Agreement: Jail Services 11.6 The Jail's capacity limit for Medical Inmates is twenty-six (26). The Jail's capacity limit for Psychiatric Inmates is one hundred fifty one (151). For the purpose of this Section the Medical and Psychiatric Inmate population will be determined following the definitions in Sections 1.11 and 1.14 at the time of the Jail's Official Daily Population Count. 11.7 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set forth in Section 11.6, the County will notify the City by phone or electronic mail. Such notification will be made to the person designated in Section 13.11 of this Agreement. At the time this notification is made the County may request that the City take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 11.6, or the County may inform the City that it is willing to continue to house these inmates. During the Initial Fee Period, the premium maintenance day charge in Exhibit III may only be charged when 1) the capacity limit is exceeded, 2) additional staff are assigned and compensated to serve these excess Medical or Psychiatric Inmates, 3) additional medical or psychiatric bed capacity is created, and 4) notice is provided as detailed above in this Section. The premium maintenance day charge is not applicable in the Revised Fee Period. 11.8 County requests under Section 11.7 will be made as follows. The billable City with the most recent City Inmate admitted as Medical or Psychiatric Inmate will be asked to take custody of that inmate. During the Initial Fee Period, this process will be repeated until such time as the Medical and Psychiatric populations are reduced below capacity limits, or the Jail is willing to continue to house these inmates at the premium maintenance day charge as detailed in Exhibit III. During the Revised Fee Period, this process will be repeated until such time as the Medical and Psychiatric populations are reduced to below capacity limits, or the Jail is willing to continue to house these inmates. 11.9 If the County, pursuant to Sections 11.7 and 11.8, requests that the City take custody of Medical or Psychiatric Inmates, the City shall comply with the County's request. The City may take custody of its' Medical or Psychiatric Inmates by picking them up within 24-hours of the County's request, or by notifying the County, within 24-hours of the County's request, that the City would like the County to deliver the inmates to the City's designated drop-off location or a backup location previously provided to the County2. If ' Within eight (8)-hours of the County's request, the City may provide the County with the names of other Medical Inmates to substitute for the Medical Inmates identified for pick-up by the County. In the event the City identifies substitute Medical Inmates that are City Inmates, the provisions of Section 11 will continue to apply. In the event the City identifies substitute Medical Inmates that are the responsibility of a different City (Substitute City), the Substitute City will be responsible for picking -up the substitute Medical Inmates within 24-hours of the initial request for pick-up. In the event the Substitute City fails to pick-up its Medical. Inmates within 24-hours of initial notification to the City, the County will deliver the Medical Inmates named in the original notification to the City's designated drop-off location or backup location. The substitution procedures outlined in this footnote will also apply to Psychiatric Inmates. z The City's designated drop off location and backup location must be either a facility in the direct control of the City or a facility that is contractually obligated, consistent with the terms of this Agreement, to act as the City's 14 Medina Interlocal Agreement: Jail Services the City has not picked -up the Medical or Psychiatric Inmate within 24-hours of the County's request, or the City has requested that the County take the Medical or Psychiatric Inmate to the designated drop-off location or backup location, the County will deliver the Medical or Psychiatric Inmate to the City's designated drop-off location or backup location. In either case, the City's designated drop-off location or backup location must accept delivery from the County, and must be available to do so seven days a week, twenty-four hours a day. In all cases, the County shall provide the receiving entity with Continuity of Care Records, in a sealed envelope, at the time custody is transferred. The City will ensure that the City and the receiving entity comply with all applicable confidentiality laws and rules. Similarly, the City will ensure that Continuity of Care Records are provided to the County at the time custody of a City Inmate receiving the level of care consistent with a Medical or Psychiatric Inmate is transferred to the County. 11.10 The County will transport Medical or Psychiatric Inmates to a designated drop-off location or backup location within King County, Washington without charge. The City will pay all transportation costs for Medical or Psychiatric Inmates taken to a designated drop off location or backup location outside of King County, Washington. In no case will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state. 12. Transfer of Property. The parties agree that prior to July 1, 2004 the County will convey, pursuant to the terms of the Land Transfer Agreement attached as Exhibit VI, to the City of Bellevue, Washington, to hold on behalf of all Contract Cities, as third party beneficiaries, certain real property located at 1440 110h Avenue N.E. and 1412 1161h Avenue N.E., Bellevue, Washington (Property). The Contract Cities may at their sole discretion enter into an agreement with other King County cities for the purpose of providing for the disposition of the Property. The Property will be used to contribute to the cost of building secure capacity, or contracting for secure capacity, and, at the sole discretion of the Contract Cities, building or contracting for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not build secure capacity, or contract for secure capacity, and, at the sole discretion of the Contract Cities build or contract for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement the City of Bellevue shall transfer title to the Property back to the County if such Property has not been sold; or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned; or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MIA appraiser selected by mutual agreement of King County and the City of Bellevue, plus investment interest earned. This section shall survive any termination of this Agreement prior to December 31, 2016. designated drop-off location or backup location. The City may change their designated drop off location or backup location by notifying the County, in writing, of the change. 15 Medina Interlocal Agreement: Jail Services 12.1 The deadline of December 31, 2012, in the paragraph above is extended to December 31, 2016 for Extension Cities only. As of the date of this Amendment, the Property has been sold and the proceeds (the "Property Proceeds") distributed to cities per the allocation in Exhibit VIII, attached. 12.2 The County waives any right it may have otherwise asserted, under this Amendment or the Original Agreement or the Land Transfer Agreement between Bellevue and the County, to seek recovery of Property Proceeds from any City to which Property Proceeds have been allocated that has in good faith expended the Property Proceeds for the purposes prescribed in this Section. Except as otherwise expressly provided below, in the event any City receiving Property Proceeds expends such proceeds for purposes inconsistent with this Section, the County shall only seek to recover those misspent Property Proceeds. 12.3 With respect to Property Proceeds allocated to the City that remain unexpended as of December 31, 2016: 12.3.1 If the City has removed all its Inmates from the County jail facilities by January 1, 2017,.the County waives the right to recover Property Proceeds remaining unexpended as of December 31, 2016, unless such Property Proceeds are later spent for purposes inconsistent with the purposes prescribed in Section 12. 12.3.2 If the City fails to remove its inmates from County jail facilities by January 1, 2017, in addition to other rights and remedies it may have, the County may seek recovery of those Property Proceeds allocated to the City, which were unexpended as of December 31, 2016. 12.4 The parties agree that nothing in any provision of this Agreement shall be interpreted to allow the Extension Cities to use the proceeds from the sale of the Property to subsidize any payments owed to the County under the terms of the Agreement or Amendment. The parties further agree that the intent of this Section 12 is to provide financial assistance to cities to contribute to the cost of building secure capacity, or contracting for secure capacity, and, at the sole discretion of the Extension Cities. building or contracting for alternative corrections facilities, sufficient to enable the Extension Cities to meet the final step (occurring on December 31, 2016) of the population reduction schedule as detailed in Section 11.5.2 of this Agreement. 12.5 The parties agree that, for the purposes of this Section 12, "alternative corrections facilities" means facilities in which work release, electronic home detention, work crews, day reporting, evening reporting or other community programs are operated by the Contract Cities or Extension Cities. This definition of "alternative corrections facilities" is not intended to alter in any way the definition of "Jail" found in section 1.10 of the Agreement. 16 Medina Interlocal Agreement: Jail Services 13. General Provisions. 13.1 Other Facilities. This Agreement reserves in each party the power to establish a temporary holding facility during a riot, civil disobedience or natural disaster, to establish group homes or other care or rehabilitation facilities in furtherance of a social service program, to temporarily transfer inmates to alternative detention facilities in order to respond to jail overcrowding, and to comply with a final order of a federal court or a state court of record for the care and treatment of inmates. 13.2 Grants. Both parties shall cooperate and assist each other toward procuring grants or financial assistance from the United States, the State of Washington, and private benefactors for the Jail, the care and rehabilitation of inmates, and the reduction of costs of operating and maintaining Jail facilities. 13.3 [Section number reserved]. 13.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 13.5 Remedies. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance of any one or several occasions does not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. The parties are entitled to all remedies in law or equity. 13.6 Exhibits. This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth: Exhibit I Method of Determining Billable Charge and Agency Exhibit 11 Exception to Billing Procedure Exhibit III Maintenance Charge, Premium Maintenance Charge, Booking Fee, Surcharges and Offsite Medical Charges Exhibit IV Population Alert and Reduction Plan Exhibit V Comparison of Estimated King County Jail Bed Demand and Supply 2002 to 2005 Table Exhibit VI Land Transfer Agreement Exhibit VII List of Cities Exhibit VIII Distribution of Property Proceeds Exhibit IX 2008 City Average Daily Population 13.7 Not Binding on Future Agreements. This Agreement does not bind the parties as to the terms, fees, or rate formulas to be included in any future jail services agreements. 13.8 Entire Agreement. This Agreement as amended represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 17 Medina Interlocal Agreement: Jail Services 13.9 Modifications. All provisions of this Agreement may be modified and amended with the mutual written consent of the parties hereto. 13.10 Force Majeure. In the event either party's performance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 13.11 Notices. Except as otherwise provided in this Agreement, any notice required to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested or by personal service to the following person: For the City: For the County: Director King County Department of Adult and Juvenile Detention 500 5`h Avenue Seattle, WA 98104 13.12 [Section number reserved]. 13.13 Council Approval. The parties' obligations under this Agreement are subject to official City or County Council approval. 13.14 Information. The parties further agree to share data and information for the purpose of assisting the Contract Cities in the planning and construction of secure capacity, contracting for secure capacity or alternative correction facilities. 14. Terms to Implement Amendment. 14.1. Amendment Offered and Minimum ADP Required. The County will offer this Amendment to the cities listed in Exhibit VII. Such offer is open to those cities until May 1, 2010 or such later date as may be approved by King County. The County's offer is a conditional offer that may be withdrawn if the Amendment is not executed on or prior to May 1, 2010 by cities which in 2008 cumulatively housed not less than 70% of the total 2008 Cities Average Daily Population (ADP) (a 2008 ADP of 199.49) in the is Medina Interlocal Agreement: Jail Services County jail system. 2008 ADP for each Contract City, to be used to determine the total ADP of cities executing this amendment, is set forth in Exhibit IX. 14.2. Effective Date. The effective date of this Amendment is May 1, 2010. 14.3. Latecomers. Any Contract City not party to this Amendment which seeks jail services from the County during the period from January 1, 2012 through December 31, 2016 must reach agreement as to the terms of such "latecomer contract" through negotiation with the County, and any latecomer contract as so negotiated shall be subject to the concurrence (meaning a statement of willingness to allow the County and the city to enter into such contract) of all Extension Cities. In recognition of the risks assumed and costs incurred by both the County and the Extension Cities as a result of entering into this Amendment, any such latecomer contract will include a latecomers charge as further defined below. 14.3.1 Except as provided in Section 3.2 below, the latecomers charge shall equal 400% of the cumulative increase in surcharge revenue that the County would have received from the latecomer city had that city signed this Amendment effective May 1, 2010, based on the latecomer city's actual jail usage under the Original Agreement over the period from November 1, 2010 through December 31, 2012 or the date the latecomer agreement takes effect, whichever is earlier. The calculation of the latecomers charge shall thus exclude consideration of booking fee, maintenance charge and WER charge revenues that would have been incurred, but shall include all other services provided by the County that would have resulted in imposition of surcharges to the latecomer city had the latecomer city signed this Amendment effective May 1, 2010 (e.g., Infirmary Care Surcharge, Acute Psychiatric Care Surcharge, Non -Acute Psychiatric Care Surcharge, and 1:1 Guarding Surcharge). In addition, any Offsite Medical Charges that were incurred by the County on behalf of the latecomer city after May 1, 2010, will be added to the latecomer penalty but shall not be subject to the 400% multiplier. 14.3.2 Notwithstanding the foregoing, the latecomer charge will be 250% of the cumulative surcharge revenue increase calculated per Section 3.1 above if the Extension Cities signatory to this Amendment together represent not less than 75% of the 2008 Cities Average Daily Population (ADP) (a 2008 ADP of 213.74). 2008 ADP for each Contract City, to be used to determine the whether this lower 250% fee increase is applicable, is set forth at Exhibit IX. In addition, any Offsite Medical Charges that were incurred by the County on behalf of the latecomer city after May 1, 2010, will be added to the latecomer penalty but shall not be subject to the 250% multiplier. 14.3.3 The latecomer charge will be budgeted as DAJD revenue and applied to reduce costs on a one-time basis for the County and all Extension Cities. Proceeds of the latecomer charge will be allocated between the County and the Extension Cities based on the ratio of County responsible inmate ADP to the Extension Cities aggregate responsible inmate ADP for the immediately preceding calendar 19 Medina Interlocal Agreement: Jail Services year, with each Extension City receiving a pro rata share of the total Extension Cities allocation based on its ADP for the immediately preceding calendar year. 14.4. City Efforts Towards Additional/Future Detention Capacity. The City confirms that it is engaged in planning to finance and construct or otherwise secure additional jail capacity to be available to the City, or to the City and other parties, by the fend of the term of this Agreement. Also, if the City had an Average Daily Population of 2 or more in 2008 at King County facilities, the City has entered or will enter into a contract or contracts with third parties for jail bed capacity for City misdemeanor offenders, or will add capacity to its own jail facilities, in order to supplement the jail bed capacity available to the City for the entire term of this Agreement. 14.5. Filing. As provided by RCW 39.34.040, this Amendment shall be filed with the King County Department of Records and Elections. 1.4.6. Council Approval. The parties' obligations under this Amendment are subject to official City and City Council approval of the Amendment. 14.7. Assignment/Subcontracting. The City may not assign or subcontract any portion of this Amendment or transfer or assign any claim arising pursuant to this Amendment. 14.8. Severability. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 14.9. No -Third Party Beneficiaries. There are no third -party beneficiaries to this Amendment. No person or entity other than a party to this Amendment shall have any rights hereunder or any authority to enforce its provisions, and any such rights or enforcement must be consistent with and subject to the terms of this Amendment. 14.10. Execution in Counterparts. This Amendment and any amendments thereto, shall be executed on behalf of each Party by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. The Amendment may be executed in any 20 Medina Interlocal Agreement: Jail Services number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. King County Dow Constantine King County Executive Date Approved as to Form: King County Deputy Prosecuting Attorney Date 21 City of Medina Donna Hanson City Manager Date Approved as to Form: Steve Victor, City Attorney Date Medina Interlocal Agreement: Jail Services EXHIBIT I Method of Determining Billable Charge and Agency Daily the billing program examines the open charges for each active booking and applies a uniform set of rules to select the billable charge. Then the billable agency is determined from the billable charge. Under these rules, the most serious charge, as determined by type of charge (felony, investigation, misdemeanor), pretrial or sentenced status and bail amount, is considered the principal basis for incarceration, pursuant to Section 1 of this Agreement. The procedure for selecting the billable charge is as follows. The program will proceed in sequence through the series of procedures only as far as needed to isolate one charge as billable. Select the only felony or investigation of felony charge. If there are more than one, go to Rule 2. If there are no felony or investigation of felony charges, proceed to Rule 3. 2. Select the charge with charge status other than Federal or Immigration. If there are no other charge statuses, determine if the charge is Federal or Immigration and bill accordingly. 3. Select the only misdemeanor charge. If there are more than one, continue to Rule 4. 4. Select the sentenced charge. Find the agency with the longest sentence. If there are no sentenced charges, go to Rule 6. 5. If there is no longest sentence, or if all are sentences of equal length, select the charge with the earliest sentence date. 6. Select the charge for the arresting agency. If there is no arresting agency or charges, select the earliest charge entered and set the billable agency of that charge. 7. If there are no sentenced charges, and if the arresting agency has no charge, then find the agency having the highest total accumulated bail amount and select the first charge entered for that agency. If bail is equal among jurisdictions and no charges are sentenced, or if all charges are sentences of equal length, select the charge having the earliest charge number. Pia Medina Interlocal Agreement: Jail Services EXHIBIT II Exception to Billing Procedure between King County and Cities Signing the Agreement for Jail Services For persons serving the one and two day commitments pursuant to the mandatory DUI sentence grid who report directly from the community to the Jail for incarceration, inmate day shall not be defined according to Section 1.8 of the Agreement. Instead, inmate day shall be defined as a twenty-four hour period beginning at the time of booking. Any portion of a twenty-four hour period shall be counted as a full inmate day. The number of days billed for each sentence shall not exceed the sentence lengths specified on the court commitment. Two examples are provided for illustration: Two-day sentence served on consecutive days: John Doe Booked 7/1/90 0700 Released 7/3/90 0700 Number of inmate days = 2 Two-day sentence served on non-consecutive days: John Doe Booked 7/1/90 0700 Temporary Release 7/2/90 0700 Return to Jail 7/8/90 0700 Number of Inmate days = 2 Released 7/9/90 0700 The Department of Adult and Juvenile Detention will apply this definition of inmate day to the City's direct DUI one and two-day inmates by adjusting the City's monthly bill before it is sent to the City. If the changes are not made for some reason, the City will notify the Department of Adult and Juvenile Detention, which will make the necessary adjustments. 23 Medina Interlocal Agreement: Jail Services EXHIBIT III Maintenance Charge, Premium Maintenance Charge, Booking Fee, Surcharges and Offsite Medical Care Charges A. INITIAL FEE PERIOD 1. MAINTENANCE CHARGE. The maintenance charge for 2002 is $77.37. For each calendar year (or partial year) thereafter during the Initial Fee Period the maintenance charge will be increased by 5.8 percent. In addition to the 5.8 percent increase, King County will increase the maintenance charge to capture the cost of Capital Expenditures. Capital Expenditures are defined as the cost of repairing and renovating current jail capacity and support and administrative facilities that benefit Jail operations. Capital Expenditures include the Integrated Security Project (ISP) and the Courthouse Seismic Stabilization Project (CSSP). Additional Capital Expenditures will be included in the maintenance charge if such expenditures benefit City Inmates. Any Capital Expenditure that solely benefits County Inmates will not be charged to the City. Capital Expenditures will be calculated in proportion to the square footage that benefits adult detention. Cities will be billed their proportionate share based on the total number of inmate days. DAJD will estimate the total number of inmate days for a given year. By April 301h of the following year DAJD will reconcile this capital expenditure number and adjust the City's next billing accordingly. The County shall provide its 6-year CIP and its 6-year major maintenance plan to the City on an annual basis. The County will provide a detailed line item budget of each Capital Expenditure. If the City disputes that the Capital Expenditure benefits City Inmates or otherwise disputes the inclusion of the Capital Expenditure or any portion of the Capital Expenditures' budget in the maintenance fee, the matter will be referred to JAG as described in Section 4 of this Agreement. Capital Expenditures will not be charged to the City to the extent such Capital Expenditures are covered by federal grants, state grants, insurance proceeds, capital maintenance reserves or voter approved capital funding for jail related improvements. King County will provide the City with a sample calculation of the maintenance charge for the years 2002-2005, which will include a rough estimate of Capital Expenditures. Capital Expenditure charges shall begin, if debt financed, when debt service payments begin for the permanent financing of the Capital Expenditure and shall continue until the end of the debt amortization unless the debt amortization is less than fifteen (15) years, in which case the charges to the cities will be amortized over fifteen (15) years. If the Capital Expenditure is not debt financed, Capital Expenditure charges shall be based on actual expenditures. The County will make available documentation evidencing such expenditures. 2. PREMIUM MAINTENANCE CHARGE. The premium maintenance charge for 2002 for Medical and Psychiatric Inmates is $205.35 and may only be charged consistent with the conditions in Section 11.7 of the Agreement. For each calendar year (or partial year) thereafter during the Initial Fee Period, the premium maintenance charge will be increased by 5.8 percent. 24 Medina Interlocal Agreement: Jail Services 3. BOOKING FEE. The booking charge for 2002 is $148.78. For each calendar year (or partial year) thereafter during the Initial Fee Period the booking charge will be increased by 5.8 percent. B. REVISED FEE PERIOD During the Revised Fee Period, the City shall pay the fees, charges, surcharges and Offsite Medical Charges with such annual adjustments for inflation or other re -sets as described below. 1. MAINTENANCE CHARGE a. The maintenance charge starting November 1, 2010 and for the remainder of the calendar year 2010, excluding any adjustments for Capital Expenditure Charges, will be $105.93. The maintenance charge shall be annually adjusted as described in Subsection 5 below. b. In lieu of the maintenance charge, the City will be charged a Work and Education Release (WER) Charge for each Inmate Day in which a City Inmate is in the WER program. Starting November 1, 2010 and for the remainder of the calendar year 2010, excluding any adjustments for Capital Expenditure Charges, the WER Charge will be $78.58. The WER Charge shall be annually adjusted as described in Subsection 5 below. i. There are a limited number of WER beds available to cities. The Contract Cities and Extension Cities may collectively access up to 15 WER beds. The availability of these beds to Cities is further subject to availability on a first -come, first -serve basis: these beds will not be held in reserve for cities and no more than 15 WER beds will be made available for all Contract Cities and Extension Cities Inmates at any time. ii. A City responsible for an Inmate admitted directly to WER will continue to be charged a booking fee for that Inmate, C. During the Revised Fee Period, in addition to the annual adjustments to the maintenance charge and WER charge described above, King County will increase the maintenance charge and WER charge to capture the cost of Capital Expenditures in a manner consistent with that provided for the Initial Fee Period as restated in this subparagraph (c) and subsections (i) — (iii) below. Capital Expenditures are defined as the cost of repairing and renovating current jail capacity and support and administrative facilities that benefit Jail operations. Capital Expenditures include the Integrated Security Project (ISP) and the Courthouse Seismic Stabilization Project (CSSP). Additional Capital Expenditures will be included in the maintenance charge and WER charge if such expenditures benefit City Inmates. Any Capital Expenditure that solely benefits County Inmates will not be charged to the City. i. Capital Expenditures will be calculated in proportion to the square footage that benefits adult detention. Cities will be billed their proportionate share based on the total number of inmate days. DAJD will estimate the total number of inmate days for a given year.. By April Vh of the following year DAJD will reconcile this capital expenditure number and adjust the City's next billing accordingly. 25 Medina Interlocal Agreement: Jail Services ii. The County shall provide its 6-year CIP and its 6-year major maintenance plan to the City on an annual basis. The County will provide a detailed line item budget of each Capital Expenditure. If the City disputes that the Capital Expenditure benefits City Inmates or otherwise disputes the inclusion of the Capital Expenditure or any portion of the Capital Expenditures' budget in the maintenance fee, the matter will be referred to the Amendment JAG as described in Section 4 of this Agreement. Capital Expenditures will not be charged to the City to the extent such Capital Expenditures are covered by federal grants, state grants, insurance proceeds, capital maintenance reserves or voter approved capital funding for jail related improvements. iii. Capital Expenditure charges shall begin, if debt financed, when debt service payments begin for the permanent financing of the Capital Expenditure and shall continue until the end of the debt amortization unless the debt amortization is less than fifteen (15) years, in which case the charges to the cities will be amortized over fifteen (15) years. If the Capital Expenditure is not debt financed, Capital Expenditure charges shall be based on actual expenditures. The County will make available documentation evidencing such expenditures. 2. BOOKING FEES a. The booking fee in the Revised Fee Period shall be based on whether or not the Extension City is using the County's Personal Recognizance (PR) screeners for individuals it brings to a County jail facility to be booked. The two booking fees starting November 1 2010 and for the remainder of the calendar year 2010 will be initially set as follows, as illustrated in Exhibit III-1: i. The Reduced Booking Fee shall be $288.93. This is the booking fee payable by Extension Cities that are not using the County's PR screeners. ii. The Standard Booking Fee shall be $341.82. This is the booking fee payable by Extension Cities using the County's PR screeners. b. Extension Cities with a court order on file as of September 1, 2009, confirming that the City and not the County will have authorization to provide PR screening for City inmates, will be qualified for the Reduced Booking Fee in 2010 from and after the beginning of the Revised Fee Period. To qualify for the Reduced Booking Fee in subsequent years, the City must either provide a court order not later than July 1 of the preceding calendar year confirming the City's responsibility for PR screening, or a previously issued court order must remain in effect. If an authorizing court order is revoked or expires and is not renewed, the City will no longer qualify for the Reduced Booking Fee. Notwithstanding the foregoing, the City of Seattle qualifies for the Reduced Booking Fee and shall remain so qualified unless and until the County is provided with a Court order to the contrary. 3. SURCHARGES In addition to payment of the maintenance charge or WER Charge and the booking, fee, the City shall pay Surcharges associated with services provided to City Inmates as described below. The types of services provided to an Inmate associated with each Surcharge, and a general description of each Surcharge, is set forth in Attachment III-2. 26 Medina Interlocal Agreement: Jail Services The initial Surcharge amounts described in paragraphs (a) — (d) below shall apply from the commencement of the Revised Fee Period through December 31, 2010 and shall thereafter be annually adjusted as described in Section 5 below. a. Infirmary Care. For Medical Inmates, the City shall pay an Infirmary Care Surcharge of $160.89 for each Surcharge Day. b. Non -Acute Psychiatric Care. For Non -Acute Psychiatric Inmates, the City shall pay a Psychiatric Care Surcharge of $65.90 for each Surcharge Day. C. Acute Psychiatric Care. For Acute Psychiatric Inmates, the City shall pay an Acute Psychiatric Care Surcharge of $220.54 (which is the sum of the Psychiatric Care Surcharge plus the Acute Psychiatric Housing Surcharge) for each Surcharge Day. i. The Acute Psychiatric Housing Surcharge for each Surcharge Day shall be $154.64. ii. The Psychiatric Care Surcharge for each Surcharge Day of $65.90 is added to the Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of $220.54. d. 1:1 Guarding Surcharge. The 1:1 Guarding Surcharge is the charge imposed when the County dedicates an individual officer to guard a City Inmate. The Surcharge shal l be $54.95 per guard for each hour or portion thereof, and as further described in Attachment III-2. e. A Surcharge Day is defined as a 24-hour period from midnight to midnight, or any portion thereof, in which an Inmate receives any of the services within the Surcharges listed in subparagraphs (a) — (c) above; provided that with respect to the Infirmary Care Surcharge, Psychiatric Care Surcharge and Acute Psychiatric Surcharge, a maximum of 1 charge may be imposed within the 24- hour period for a single inmate, and the charge imposed shall be the highest applicable charge. For example, if an inmate is placed in Acute Psychiatric Care, released to the general population, and then again placed in Acute Psychiatric Care all within the same 24 hour period (midnight to midnight), a single Acute Psychiatric Care Surcharge will be imposed. Similarly, if an Inmate is placed in Acute Psychiatric Care and then in Non -Acute Psychiatric Care within the 24-hour midnight to midnight period then a single Acute Psychiatric Care charge will be imposed. 4. OFFSITE MEDICAL CARE CHARGES In addition to the maintenance charge or WER Charge, the booking fee, and the Surcharges detailed above, the City shall be responsible for payment of all Offsite Medical Care Charges incurred by a City Inmate. 5. INFLATORS AND RE -SETS OF FEES AND CHARGES. a. All fees and charges, excluding Offsite Medical Care Charges and the Capital Expenditure Charge components of the maintenance charge and WER Charge, shall be annually inflated by the percentage rates described below, effective January 1 of each calendar year starting January 1, 27 Medina Interlocal Agreement: Jail Services 2011, in order to determine the final rates and charges for said calendar year, subject further to re -set of the underlying "base rates" periodically as described in subsection 5.b below. Non -Medical Charges: the following fees and charges are subject to an annual inflator of 5% (except for calculations requiring inflation of 2009 costs for purposes of determining 2010 costs, 2009 non -medical costs shall be subject to an annual inflator of 3%): i. Maintenance Charge ii. WER Charge iii. Reduced Booking Fee and Standard Booking Fee iv. Acute Psychiatric Housing Surcharge V. 1:1 Guarding Medical Charges: the following fees and charges are subject to an annual inflator of 6.5% (except for calculations requiring inflation of 2009 costs for purposes of determining 2010 costs, 2009 medical costs shall be subject to an annual inflator of 5%): i. Infirmary Care Surcharge ii. Psychiatric Care Surcharge b. Exhibit I11-1 shows the allocation of 2007 Actual Jail Costs to derive the 2007 fees and charges. As indicated on Exhibit III-1, these 2007 fees and charges were then inflated as described in subsection 5.a above in order to calculate the fees and charges applicable in 2010 as set forth above in Sections B.1, Maintenance Charge, B. 2, Booking Fees, B.3, Surcharges, and B.4, Offsite Medical Care Charges (excluding the Capital Expenditure Charge which will be a periodically adjusted component added to the maintenance charge and WER Charge). Fees and charges payable by the City shall be re -calculated each year based on Actual Jail Costs periodically recalculated, using the same allocation methodology as illustrated in Exhibit III-1, and applying the inflators described in subsection 5.a, as follows (excluding the Capital Expenditure Charge which will be a periodically adjusted component added to the maintenance charge and WER Charge): i. Fees and Charges in 2011 shall be based on Actual Jail Costs for 2009, inflated per subsection 5.a above. Thus, the 2009 Actual Jail Costs will be used to derive the set of 2009 base charges and fees in a manner consistent with the calculations in Exhibit III-1. These charges and fees will be inflated by the 2009 inflators (3% for non -medical fees and charges, 5% for medical charges) described in subsection 5.a above to derive the 2010 charges and fees, and then these charges and fees will be inflated again at the rates described in subsection 5.a (5% for non -medical fees and charges, 6.5% for medical charges) to determine the 2011 fees and charges. ii. Fees and Charges in 2012 shall be determined by inflating the 2011 charges and fees by the inflators described in subsection 5.a above (5% for non -medical fees and charges, 6.5% for medical charges). iii Fees and Charges in 2013 shall be based on Actual Jail Costs for 2011, inflated per subsection 5.a above (e.g., the 2011 Actual Jail Costs will be used to derive the set of 2011 base charges and fees in a manner consistent with the calculations in Exhibit III-1; these charges and fees shall be inflated by 5%, or 6.5% , per paragraph a above, to derive the 2012 charges and fees, and those W. Medina Interlocal Agreement: Jail Services charges and fees will be inflated again by 5% or 6.5% (per subsection 5.a) to determine the 2013 fees and charges). iv. Fees and Charges in 2014 shall be determined by inflating the 2013 charges and fees by the inflators described in subsection 5.a above. V. Fees and Charges in 2015 shall be based on Actual Jail Costs for 2013, inflated per subsection 5.a above (e.g., the 2013 Actual Jail Costs will be used to derive the set of 2013 base charges and fees in a manner consistent with the calculations in Exhibit III-1; these charges and fees shall be inflated by 5% or 6.5% per subsection 5.a above, to derive the 2014 charges and fees, and those charges and fees will be inflated by 5% or 6.5% per subsection 5.a above to determine the 2015 fees and charges). vi. Fees and Charges in 2016 shall be determined by inflating the 2015 charges and fees by the inflators described in subsection 5.a above. Actual Jail Costs means the direct and indirect costs related to operating the Jail, including without limitation health services, as determined by the County's budget reconciliation completed after the end of each calendar/budget year. 29 Medina Interlocal Agreement: Jail Services Exhibit III-1 Illustration of Fee and Charge Calculations MAINTENANCE (DAILY) CHARGE During the Revised Fee Period the basis for costs is the Actual Jail Costs. During the Revised Fee Period, the calculation for the 2010 maintenance charge is shown below. PART I: CALCUATION OF THE MAINTENANCE (DAILY) CHARGE Based on 2007 Actual Jail Costs allocated as shown in Part I, and inflated 2002 Original Amendment as per Part II below. The Original Agreement calculation is provided for Agreement Methodology comparison purposes. Methodology (Based on (Based on 2002 2007 Actual Budget) Jail Costs) 1 Total Department of Adult and Juvenile Detention $115,507,372 $114,398,899 2 Add Actual Final 2007 Arbitration Award 1,432,817 3 Remove 70% of court detail (4,830,537) 4 Plus County Admin for Detention 702,807 4,100,246 5 Less Juvenile Detention and Associated DAJD Admin (15,068,957) (17,273,250) 6 Less CCD Division and Associated DAJD Admin (6,641,979) 7a Less WER Cost Recovery for 2002 Methodology (906,882) 7b Less WER Secure Detention Costs in 2007 included in new WER (1,330,141) rate 8 Less 1:1 Guarding Detention (2,022,057) 9 Less Psych Housing DAJD (2,625,926) 10 Less Booking Costs - Detention ONLY (8,778,276) (11,301,708) SUBTOTAL DETENTION COSTS for Daily Maintenance 91,456,064 73,906,365 11 Total Jail Health Services (JHS) Costs 23,490,898 11 a Less Off Site Medical (97,589) 1lb Less Psych Services JHS (2,861,074) Ile Less Infirmary JHS (1,432,936) 1 ld Less Booking Costs - JHS ONLY (2,360,928) Ile SUBTOTAL JAIL HEALTH COSTS for Daily Maintenance Charge - 16,738,371 12 SUBTOTAL DAJD plus JHS for Daily Maint. Only 91,456,064 90,644,736 GE Medina Interlocal Agreement: Jail Services 13 2002 contract Adjustment - not applicable to 2007 853,678 14 Less DAJD Cost Recoveries 14a SMC Transport (95,239) (180,050) 14b Bullet Proof Vests Reimbursement (14,455) 14c Medical Reimbursement (15,000) (19,695) 14d SSI Incentive (130,000) (159,800) 14e Inmate Welfare Transfer (1,110,616) (411,098) 14f Home Detention (168,138) 14g Involuntary Treatment (173,248) 14h Commissary (6,000) 14i Debitek Card (33,463) 14j Miscellaneous (25,000) 14k Subtotal DAJD Cost Recoveries (1,756,704) (785,098) 15 NET Maintenance Costs 90,553,038 89,859,638 16 Number of Total Maintenance Days 1,170,392 963,276 17 Cost per General Maintenance Day PRIOR to Capital Expenditure 77.37 Surcharge 5.8% Increase 2003 81.86 2004 86.61 2005 91.63 2006 96.94 2007 102.57 $93.29 PART II: 2007 ACTUAL .TAIL COSTS INFLATED TO 2010 5% Increase 2008 97.95 5% Increase 2009 102.85 3% Increase to 2010 $105.93 NOTES: 1 The Original Agreement calculation is based on the DAJD Budget in Essbase (the budget system) and includes 15,600,000 of Jail Health Transfer to Public Health. The Revised Fee Period calculation is based on 14th month ARMS reports (the accounting system which reports actual expenditures). 2 Actual 2007 Retro Payment for Guild Arbitration Award 3 In the Revised Fee Period, 70% of Court Detail costs are attributed directly to Superior Court, therefore not accessible to the cities and are removed from calculation. 31 Medina Interlocal Agreement: Jail Services 4 In the Original Agreement 100% of County Admin for Personnel, F/A Mgmt, Mail, State Auditor, and Budget were included in the general maintenance rate. In the Revised Fee Period, County Admin for the same services are included. In addition, County Admin in the Revised Fee Period includes $3.13mm of Major Maintenance. This amount is the 2007 County adopted contribution from DAJD to the Major Maintenance Reserve Fund for the KCCF and MRJC facilities. It represents the annualized amount necessary to fund major maintenance projects at these two facilities on a rolling 20 year basis- in effect a "depreciation payment," applicable for each year of use/wear & tear. As of 2009, approximately 87% of the twenty year planned total cost is scheduled to be expended on projects completed before 2014. 5 Remove Juvenile Detention Division low orgs (cost centers) and associated DAJD Admin. 6 Remove Community Corrections Division (CCD) low orgs (cost centers) and associated DAJD admin. 7a In the Original Agreement, WER was included in the daily Maintenance Charge, and therefore, the cost recoveries were removed. 7b In the Revised Fee Period, WER is a standalone rate therefore all CCD costs associated with WER including the cost recoveries were removed in line 6. This line represents the removal of the costs from the detention operation that is used to support WER and are now included in the standalone WER Charge. In the Revised Fee Period, a new surcharge for 1:1 guarding is established. 9 In the Revised Fee Period, a new surcharge charge for services associated with housing the acute psych inmates is established and these costs are removed from the maintenance charge. 10 Removal of all detention costs associated with Booking. 11 - 11 e In the Revised Fee Period, all jail health services actual direct expenditures for: Offsite Medical Care, Psychiatric Care for Acute- and Non -Acute Psychiatric Inmates, Infirmary Care, and intake health screening are removed from the calculation of the maintenance charge and are instead established as separate surcharges or components of separate charges. All overhead and other remaining direct Jail Health Services costs are included in the jail health portion of the maintenance charge. 13 The Original Agreement included an adjustment to bring budget to actuals. 14a - 14k Home Detention Costs are removed in the CCD costs on line 6. Involuntary Treatment and Debitek Card which were revenues in the Original Agreement are no longer revenues in the Revised Fee Period. Commissary is included in the inmate welfare fund. 16 Calculation of total Maintenance days in 2007 is a weighted average of Secure and WER days based on the allocation of percentage of actual costs. 32 Medina Interlocal Agreement: Jail Services 17 Cost per General Maintenance Day is PRIOR to the additional cost per the Original Agreement for capital expenditure charges and debt service of seismic retrofit and ISP and any other Capital Expenditure charge. Total Amendment Daily Maintenance Charge for 2010 is 105.93 plus Capital Expenditure Surcharge. As of September 2009, the only project being charged is the Seismic Retrofit of approximately 60 cents, and it is anticipated that ISP will be chargeable per the current contract sometime during 2009. The 2010 maintenance charge will be adjusted to reflect changes in the capital expenditure charge as per Exhibit III.A.1 when the debt service payments for chargeable capital expenditures begin. 33 Medina Interlocal Agreement: Jail Services WORK EDUCATION RELEASE (WER) (DAILY) CHARGE During the Revised Fee Period the basis for costs is the Actual Jail Costs. During the Revised Fee Period, the calculation for the rate imposed in 2010 is shown below. PART I: CALCUATION OF THE WER (DAILY) CHARGE Based on 2007 Actual Jail Costs allocated as shown in Part I, Amendment Methodology and inflated as per Part 11 below. ( Based on 2007 Actual Jail Costs) 1 Direct Detention Staffing Costs $1,172,024 2 Add Actual Final 2007 Arbitration Award 19,849.13 3 County and DAJD Admin 138,267.68 5 Subtotal Direct Detention 1,330,140.91 6 Work Release in Community Corrections 1,061,771.21 7 County, DAJD, and CCD Admin 392,648.94 8 Less WER Revenue (683,650.00) 9 Subtotal CCD WER 770,770.15 10 Subtotal Detention and CCD Costs 2,100,911.06 11 Detention Support Services 1,631,064.33 12 Total WER (Daily) Costs 3,731,975.39 -------------------------- 13 Number of Total WER Maintenance Days 53,929 14 WER Cost/Day 69.20 PART II: 2007 ACTUAL .TAIL COSTS INFLATED TO 2010 5% Increase 2008 72.66 5% Increase 2009 76.29 3% Increase to 2010 $ 78,58 Us Medina Interlocal Agreement: Jail Services NOTES: 1 Detention costs include staffing for 2 posts, plus shift relief, meal delivery, etc. 2 Actual 2007 Retro Payment for Guild Arbitration Award. 6 Community Corrections costs are for case managers, and administrative staff in WER. 8 WER inmate payments for room and food charges are backed out of the total costs. 11 Additional services used to support WER include food preparation and food costs, janitorial costs, utilities, supplies, command management, etc. Costs are added proportionately including overhead charges. 14 Cost per WER is PRIOR to the additional cost per the Original Agreement for capital expenditure charges and debt service of seismic retrofit and ISP and any other Capital Expenditure charge. Total WER Charge for 2010 is $78.58 plus Capital Expenditure Surcharge. As of September 2009, the only project being charged is the Seismic Retrofit of approximately 60 cents, and it is anticipated that ISP will be chargeable per the current contract sometime during 2009. The 2010 maintenance charge will be adjusted to reflect changes in the capital expenditure charge as per Exhibit IILA.1 when the debt service payments for chargeable capital expenditures begin. 35 Medina Interlocal Agreement: Jail Services BOOKING FEE During the Revised Fee Period the basis for costs is the Actual Jail Costs. During the Revised Fee Period, the calculation for the 2010.booking fee is shown below. PART I: CALCUATION OF THE BOOKING FEE Based on 2007 Actual Jail Costs allocated as shown in Part I, and inflated as per Part II below. The Original Agreement calculation is provided for comparison purposes. The Reduced Booking Fee is for cities that do not use County PR Screeners, The Standard Booking Fee is for cities that use County PR Screeners. 1 Total Detention Booking Costs la Add Actual Final 2007 Arbitration Award 2 Less Intake Adj to Actuals 3 Plus PR Screeners and associated Overhead 4 Plus Jail Health Intake Services 5 Plus County and DAJD Overhead 6 Bookings Per Booking Fee 2002 5.8% Increase 2003 2004 2005 2006 2007 2002 Amendment Original Methodology Agreement (Based on 2007 Methodology Actual Jail (Based on Costs) 2002 Budget) $ 9,037,412 (259,136) 8,778,276 59,000 148.78 157.41 166.53 176.18 186.42 197.23 36 $ 9,958,249 168,651 2,253,961 2,360,928 1,174, 809 15,916,598 53,700 296.40 Reduced Booking Standard Booking Fee Fee (Amount Added to the Reduced Booking Fee to sum to the Standard Booking Fee) $ 9,958,249 168,651 $ 2,253,961 2,360,928 1,174,809 13,062,636 2,253,961 53,700 48,395 254.43 46.57 Medina Interlocal Agreement: Jail Services Reduced Booking Fee $254.43 2007 Total Standard $301.00 Booking Fee, 2007 (254.43 + 46.57) PART II: 2007 ACTUAL JAIL COSTS INFLATED TO 2010 NOTES: 5% Increase 2008 267.15 48.90 5% Increase 2009 280.51 51.35 3% Increase to 2010 $288.93 52.89 $341.82 In the Original Agreement PR Screeners, all Administrative and County overhead, and Jail Intake Screening were included in the maintenance charge. The Original Agreement calculation of the booking fee is based on the DAJD Budget in Essbase (the budget system) and does not include all Administrative and County overhead, and Jail Intake Screening; In the Revised Fee Period, the booking fee is based on actual Jail costs and does include all associated Administrative and County overhead. la Actual 2007 Retro Payment for Guild Arbitration Award. 2 The Original Agreement included an adjustment to bring budget to actuals. In the Original Agreement PR Screeners were included within the daily maintenance rate. In the Revised Fee Period those costs are now separated as part of the booking fee. These costs are charged to those cities who have chosen to use the County's PR Screeners. A Reduced Booking Fee will be available to cities that do not use County PR Screeners. Offering this new lower rate to cities results in an increase in the Standard Booking Fee available to other cities. Cities with a court order on file as of September 1, 2009, confirming that the City and not the County will have authorization to provide PR screening for City inmates will be qualified for the reduced PR booking rate in 2010. To qualify for the reduced booking fee in subsequent years, a City must either provide a court order not later than July 1 of the preceding calendar year confirming the City's responsibility for PR screening, or a previously issued court order must remain in effect. If an authorizing court order is revoked or expires and is not renewed, the City will no longer qualify for the reduced PR booking rate (NOTE: Seattle qualifies for the lower booking rate unless County is provided court order to the contrary). 4 Jail intake health screening costs were not separated out from other pail health costs in the Original Agreement. In the Revised Fee Period, jail intake health screening costs are included in the booking fee, and removed from basic jail health (line I Id on the general maintenance day comparison sheet). 37 Medina Interlocal Agreement: Jail Services 5 County and DAJD admin was charged 100% within the maintenance charge in the Original Agreement. In the Revised Fee Period, overhead is allocated based on proportionate Share of the actual expenditures including allocating costs to the booking charge. 6 In the Original Agreement the Total Estimated Bookings were used as the divisor. In the Revised Fee Period, total actual Bookings are used to calculate the Reduced Booking fee, and Total Bookings less Seattle (or the total number of bookings for cities which are NOT using King County PR Screeners) is used as the divisor for the PR Screener Cost element only. Medina Interlocal Agreement: Jail Services INFIRMARY (Daily) SURCHARGE (Jail Health Services) During the Revised Fee Period the basis for costs is the Actual Jail Costs. During the Revised Fee Period, the calculation for the 2010 infirmary surcharge is shown below. PART I: CALCUATION OF THE INFIRMARY (DAILY) SURCHARGE (Jail Health Services) Based on 2007 Actual Jail Costs allocated as shown in Part I, and Amendment Methodology inflated as per Part II below. (Based on 2007 Actual Jail Costs) Infirmary Surcharge 1 JHS Infirmary Staffing Costs 2 JHS Infirmary Non -Staffing Costs 3 Total JHS Infirmary Costs 4 Number of total maintenance days for the Infirmary (Location: Infirmary or successor location) 5 JHS Infirmary Fee per inmate/day PART II: 2007 ACTUAL JAIL COSTS INFLATED TO 2010 6.5% Increase 2008 6.5% Increase 2009 5% Increase to 2010 $1,148,866 $284,070 $1,432,936 -------------------------- 29.06 $135.09 143.88 153.23 $160.89 NOTES: 1 Actual 2007 wage and benefit costs for JHS staff who provided services to inmates in the Infirmary. Costs are allocated to the Infirmary Surcharge based upon the number of shifts scheduled in the Infirmary as a percentage of all JHS shifts scheduled in the jails. Scheduled shifts are based upon the most current staffing model designed and flexed to meet the needs of a changing population. The staffing model used for calculation of the Amendment rate was in place in September, 2008 (at the time the cost model was updated). 2 Actual 2007 costs for pharmaceuticals (including intravenous medications and supplies), medical supplies and medical equipment for inmates in the Infirmary. 3 Ties to 11 c of the General Maintenance Daily Charge. 4 Actual Maintenance Days for Infirmary Location or Successor Location as defined in "Maintenance Day Population by Jurisdiction and Housing Type" -Infirmary -Total ADM. See 2007 Report attached to this Exhibit (Attachment III-1). 39 Medina Interlocal Agreement: Jail Services PSYCHIATRIC CARE SURCHARGE (Jail Health Services) During the Revised Fee Period the basis for costs is the Actual Jail Costs. During the Revised Fee Period, the calculation for the 2010 Psychiatric Care Surcharge is shown below. PART I: CALCULATION OF THE PSYCHIATRIC CARE (DAILY) SURCHARGE ( HS) Based on 2007 Actual Jail Costs allocated as shown in Amendment Methodology Part I, and inflated as per Part II below. (Based on 2007 Actual Jail Costs) 1 JHS Psychiatric Care Staffing Costs 2 JHS Psychiatric Care Non -Staffing Costs 3 Total JHS Psychiatric Care Costs 4 Number of total maintenance days for Inmates receiving Psychiatric Care Services 5 JHS Psychiatric Care Fee per inmate/day PART II: 2007 ACTUAL JAIL COSTS INFLATED TO 2010 6.5% Increase 2008 NOTES: 6.5% Increase 2009 5% Increase to 2010 $2,516,990 344,084 2,861,074 -------------------------------- 141.67 $55.33 58.93 62.76 $65.90 Actual 2007 wage and benefit costs for JHS staff who provided services to the Acute and Non - Acute Psychiatric Housing units. Costs are allocated to the Psych Care Surcharge based upon the number of shifts scheduled in psych housing units as a percentage of all JHS shifts scheduled in the jails. Scheduled shifts are based upon the most current staffing model designed and flexed to meet the needs of a changing population. The staffing model used for calculation of the Amendment rate was in place in September, 2008 (at the time the cost model was updated). 2 Actual 2007 costs for pharmaceuticals and medical supplies for inmates in Acute and Non -Acute Psychiatric housing. 3 Ties to I lb of the General Maintenance Daily Charge. 4 Actual Maintenance Days for 7North Location or Successor Location as defined in "Maintenance Day Population by Jurisdiction and Housing Type" - (Acute Psych - Total ADM PLUS Non -Acute Psych - Total ADM). See 2007 Report attached to this Exhibit (Attachment III-1). .X Medina Interlocal Agreement: Jail Services ACUTE PSYCHIATRIC HOUSING (Daily) SURCHARGE During the Revised Fee Period the basis for costs is the Actual Jail Costs. During the Revised Fee Period, the calculation for the 2010 acute psychiatric housing component of the 2010 acute psychiatric surcharge is shown below. PART I: CALCUATION OF THE ACUTE PSYCH HOUSING (DAILY) COMPONENT OF THE ACTURE PSYCHIATRIC SURCHARGE Based on 2007 Actual Jail Costs allocated as shown in Part Amendment Methodology I, and inflated as per Part II below. (Based on 2007 Actual Jail Costs) Direct Detention Staffing Costs Add Actual Final 2007 Arbitration Award County and DAJD Admin Total Acute Psych Jail Costs Number of Total Maintenance Days for Acute Psych Housing (7North location or successor location) Acute Pyych Housing (Daily) Surcharge $2,313,777 39,186 272,964 2,625,926 ---------------------------------------- 52.83 $136.18 PART II: 2007 ACTUAL .TAIL COSTS INFLATED TO 2010 5% Increase 2008 142.99 5% Increase 2009 150.14 3% Increase to 2010 $154.64 Detention costs include staffing (salaries, benefits, meals) for 5 posts. Actual 2007 Retro Payment for Guild Arbitration Award. In the Revised Fee Period, overhead is allocated based on proportionate share of the actual expenditures. Actual Maintenance Days for 7North Location or Successor Location as defined in "Maintenance Day Population by Jurisdiction and Housing Type" — Acute Psych - Total ADM. See 2007 Report attached to this Exhibit (Attachment III-1). 41 Medina Interlocal Agreement: Jail Services 1:1 GUARDING (Hourly) SURCHARGE During the Revised Fee Period the basis for costs is the Actual Jail Costs. During the Revised Fee Period, the calculation for the 2010 1:1 Guarding Surcharge is shown below. PART I: CALCUATION OF THE 1:1 GUARDING (HOURLY) SURCHARGE Based on 2007 Actual Jail Costs allocated as shown in Part Amendment Methodology I, and inflated as per Part II below. (Based on 2007 Actual Jail Costs) Direct Detention Staffing Costs Add Actual Final 2007 Arbitration Award County and DAJD Admin Total 1:1 Guarding Costs Number of Average Officers per day 1:1 Guarding Cost/Day 1:1 Guarding Cost/Hour $1,781,691 30,174 210,192 2,022,057 ----------------------------------------- 4.77 1,161.48 48.39 PART II: 2007 ACTUAL .TAIL COSTS INFLATED TO 2010 5% Increase 2008 50.81 5% Increase 2009 53.35 3% Increase to 2010 $54.95 Detention costs based on total number of 1:1 Guarding hours incurred in 2007. Actual 2007 Retro Payment for Guild Arbitration Award. In the Revised Fee Period, overhead is allocated based on proportionate share of the actual expenditures. 42 Medina Interlocal Agreement: Jail Services Attachment III-1 King County Department of Adult and Juvenile Detention Maintenance Day Population by Jurisdiction and Housing Type for January 2007 through December 2007 Maintenance Day Population Jurisdiction Acute Non- 'Infirmary Number % of All Other Total Psych Acute Total Psych ADM Algona 0.00 0.00 0.01 0.02 7.3% 0.21 0.22 Auburn 0.71 1.07 0.09 1.87 17.9% 8.58 10.45 Beaux Arts 0.00 0.00 0.00 0.00 0.00 0.00 Bellevue 0.50 0.50 0.26 1.26 12.2% 9.10 10.36 Black 0.00 0.01 0.00 0.01 100.0% 0.00 0.01 Diamond Bothell 0.03 0.14 0.01 0.17 25.8% 0.50 0.67 Burien 0.30 0.61 0.39 1.30 15.5% 7.09 8.39 Carnation 0.02 0.02 0.00 0.04 65.0% 0.02 0.05 Clyde Hill 0.02 0.00 0.00 0.02 5.2% 0.45 0.47 Covington 0.03 0.02 0.01 0.06 3.5% 1.67 1.73 Des Moines 0.33 0.36 0.23 0.92 13.2% 6.03 6.95 Duvall 0.02 0.00 0.00 0.02 6.1 % 0.25 0.27 Federal Way 0.59 0.36 0.42 1.36 17.4% 6.47 7.84 Hunts Point 0.00 0.00 0.00 0.00 0.00 0.00 Issaquah 0.03 0.00 0.07 0.10 68.5% 0.05 0.15 Kenmore 0.19 0.10 0.05 0.33 10.8% 2.75 3.08 Kirkland 0.37 0.77 0.21 1.35 29.5% 3.22 4.57 Lake Forest 0.01 0.10 0.00 0.11 4.3% 2.44 2.55 Park Maple Valley 0.04 0.07 0.00 0.11 24.1% 0.34 0.44 Medina 0.02 0.01 0.01 0.04 4.7% 0.84 0.88 Mercer Island 0.01 0.00 0.01 0.01 5.6% 0.23 0.24 Newcastle 0.00 0.00 0.00 0.00 0.0% 0.66 0.66 Normandy 0.00 0.00 0.02 0.02 5.5% 0.33 0.35 Park North Bend 0.00 0.00 0.02 0.02 5.1% 0.36 0.38 Pacific 0.00 0.00 0.00 0.00 0.0% 0.04 0.04 Redmond 0.33 0.51 0.06 0.90 23.0% 2.99 3.89 Renton 0.56 0.69 0.15 1.40 18.0% 6.39 7.79 Sammamish 0.00 0.00 0.02 0.02 3.8% 0.42 0.43 Seatac 0.13 0.26 0.05 0.44 6.7% 6.21 6.65 43 Medina Interlocal Agreement: Jail Services Jurisdiction Acute Non- Infirmary Number % of All Other Total Psych Acute Total Psych ADM Shoreline 0.59 0.67 0.19 1.45 12.8% 9.84 11.29 Skykomish 0.00 0.00 0.00 0.00 0.00 0.00 Snoqualmie 0.02 0.00 0.00 0.02 12.5% 0.12 0.13 Tukwila 1.01 0.84 0.28 2.13 11.6% 16.24 18.37 Woodinville 0.08 0.19 0.02 0.30 11.6% 2.28 2.58 Yarrow Point 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal Non- 5.94 7.30 2.56 15.80 14.1 % 96.08 111.88 Seattle Seattle 11.45 13.54 6.28 31.28 14.7% 181.78 213.07 Total All 17.40 20.84 8.85 47.08 14.5 % 277.87 324.95 Cities DOC 7.03 9.96 3.55 20.54 9.1 % 205.99 226.53 King 28.40 58.05 16.66 103.11 5.0% 1,947.52 2,050.62 County/Other Total ADM 52.83 88.84 29.06 170.73 6.6 % 2,431.38 2,602.10 (A) (A) This report is calculated from the Daily Count Process and based on logic to simulate the billing data. It does not adjust to the end of the month billing process. The total maintenance in the cost model is based on the actual monthly billable data per the billing system. Medina Interlocal Agreement: Jail Services Attachment III-2 Summary Description of Cost Model Surcharges and Pass -Through Charges 1. 1:1 Guarding Cost to guard an inmate in a 1:1 situation. Most common occurrence is at hospital or at off site medical appointments. If more than one guard is required, then the rate would be the multiple of guards. 2. Acute Psychiatric Care (two components) — billed by location (7North in KCCF or successor location) b. Acute Psychiatric Housing Costs for additional officer staffing for: 15-minute checks, Surcharge assistance with feeding, emergency responses, escorts, and other necessary services to provide for an inmate who poses a potential danger to him or her self. 3. 1 Non -Acute Psychiatric Care (one wychxat� Cam:, 4. Infirmary Care Costs for JHS Infirmary care, services listed on reverse. Pass -Through Charge Description 5. Off -Site Medical Charges Costs for inmates to receive services from outside medical providers (services not available from JHS). Examples include: ❖ Hospital care ❖ Dialysis ❖ Cancer treatment (chemotherapy, radiation) ❖ Specialized transport to medical appointments (wheelchair bound inmates) JHS Psychiatric Care Services Provided: Criteria: ❖ Psychiatric Housing Inmates with severe or unstable mental health conditions ❖ Psychiatric Treatment & Management are placed in psychiatric housing units and receive a level ❖ Psychiatric Treatment Team of monitoring and care based on the acuity of their mental Monitoring illness. Inmates in psychiatric housing are evaluated upon ❖ Medication Administration admission and then re-evaluated on a regular basis by a ❖ Mental Health Crisis Counseling multi -disciplinary treatment team. ❖ Psychiatric Therapy Groups 45 Medina Interlocal Agreement: Jail Services JHS Infirmary Care Services Provided: Criteria: ❖ 24-hour Skilled Nursing Care Inmates who meet diagnostic criteria that require 24-hour 4• Daily Provider Rounds skilled nursing care are housed in the KCCF Infirmary. :• Treatment and Management of Examples include but are not limited to: Complex Disease States ❖ Substance abusers requiring medical ❖ Medication Administration detoxificationlwithdrawal management (chronic ❖ Activities of Daily Living Assistance alcoholics and opiate addicted pregnant females); 4• Alcohol Detoxification ❖ Individuals with non -stable medical conditions such as: need for kidney dialysis, wired jaws, newly started on blood thinning medication; •3 Individuals who are mobility impaired and/or not independent in activities of daily living; :• Individuals requiring IV therapy or with central lines in place; ❖ Individuals who are acutely ill, post surgical, who require convalescent care, and those with conditions requiring extensive treatment and frequent monitoring; and ❖ Individuals with severe respiratory problems requiring nebulizer treatments, oxygen and close observation. Inmates are formally admitted to infirmary care following assessment by a physician or nurse practitioner and then monitored daily by provider and nursing staff. Discharge from the infirmary occurs either at the time of release from jail or as the patient's condition improves and can be safely managed in general population housing. Some individuals remain in infirmary care for the duration of their incarceration. .e Medina Interlocal Agreement: Jail Services EXHIBIT IV Population Alert and Reduction Plan This Population Alert and Reduction Plan (PARP) attempts to balance the needs of the local criminal justice system for adequate secure bed space and the County's ability to prevent excessive and unmanageable crowding conditions. Periodic reports (at least quarterly) will be provided by the County and the Cities to the Jail Agreement Administration Group established in the Agreement on PARP implementation efforts. I. Reduction Plan: Initial Steps It is the goal of King County and the Contract Cities to avoid reaching population levels that trigger population alerts. To this end the parties will examine current practices and to the extent available use population reduction strategies and alternatives to secure detention programs to reduce reliance on secure jail beds. In addition, during 2002 and 2003 the following actions will be undertaken to prepare for the possibility of a mismatch between capacity and demand for secure jail beds. 1. Development and implementation of the notification system outlined below by November 15, 2002. 2. The Contract Cities will sign a contract to be effective no later than third quarter 2003 with Yakima County or another jurisdiction to achieve the population reduction schedule listed in Sections 11.3 and 11.4 of the Agreement. 3. King County Executive will make best efforts to obtain funding and implement community corrections pilot programs (Day Reporting and Work Crews) which are expected to reduce the utilization of secure capacity by 60 beds. 4. The County agrees to seek participation by the King County Prosecutor, Superior Court and District Court to develop a plan for reducing the use of secure beds. The goal would be to reduce the use of non -city secure beds based on seriousness of offense and risk to public safety, and/or risk of flight to avoid prosecution. The County agrees to make a good -faith effort to implement court approved plans for which funding has been approved. 5. The Contract Cities agree to seek participation by City prosecutors and courts to develop a plan incorporating the elements described below for reducing the use of secure beds. The goal would be to reduce the use of secure beds based on seriousness of offense and risk to public safety, and/or risk of flight to avoid prosecution. The City agrees to make a good -faith effort to implement court approved plans for which funding has been approved. 6. The JAG will discuss and provide advice on an implementation plan for all reduction plans. II. Definitions "Operational capacity" is the number of secure jail beds that can be operated by DAJD within annual adopted budget appropriation and within legal limitations including, but not limited to, limitations outlined in the Hammer settlement agreement and the Agreement with the Contract Cities. Vacancy rates at 5% for the Regional Justice Center and 2'h% for the King County Correctional Facility will also be factored into operational capacity. In the event the County changes such vacancy rates, the County agrees to notify JAG. 47 Medina Interlocal Agreement: Jail Services III. County Population Alert Notifications The County will provide the Contract Cities with a Population Alert Notification covering three categories: total population, Medical Inmates, and Psychiatric Inmates (PAN-TMP), and a Population Alert Notification for City Inmates (PAN -CI) A. Timing The PAN-TMP and the PAN -CI will be updated daily. The PAN -CI will be updated monthly with a lag time of two weeks until such time as the County is able to provide more frequent notice to the Contract Cities. B. Format The County will develop a format for the PAN-TMP and PAN -CI that has an easily understood visual element. A visual "meter" type notice graphic will be developed that will be sent to Contract Cities by automated e-mail and/or appear on the County's web site. C. Contents 1) The PAN-TMP will provide a snap shot of short-term secure bed population status by the following status groups: Total secure population Medical Inmates Psychiatric Inmates The PAN-TMP will have three levels. Alert Level I/Yellow - Greater than or equal to 95 percent operational capacity by category at the daily official count. Alert Level II/Orange - The jail population is between 95 percent and 100 percent of operational capacity and has maintained that level for three consecutive days. Alert Level III/Red — The jail population exceeds total operational capacity. The PAN-TMP will contain a "notes" section where the County can inform the cities of events that may affect jail population. 2) The PAN -CI will be a count of the number of City Inmates. IV. [reserved] V. Other General Notification or Information Requirements Notice or information will be provided to the other party through the County or cities representative on the JAG as soon as it is available as follows: Medina Interlocal Agreement: Jail Services o ISP -- County o Transmittal of project budget to the King County Council o Council approval of funding o Project schedule o Bid notice o Notice to proceed o Construction schedule and inmate transfer schedule o Status of contracting for secure jail beds in other jurisdictions - Cities o Signature of Contracts o Financing approval o Bid notice o Notice to proceed o Construction schedule o Prisoner transfer schedule o Alternatives to Secure Detention Programs — County o The County will provide to the JAG a description of all alternative programs to secure detention (including program capacity) either directly operated by the County or operated by another entity under contract. o Notice of plans to initiate or expand alternatives and notice that plans have been implemented, including program capacity. o Copies of program placement criteria and operating protocols, including any agreements with courts. o Alternatives to Secure Detention Programs — City o The City agrees to participate in some form(s) of alternatives to detention program(s). The City shall choose which such programs to participate in, and may operate such programs itself. VI. Additional Process for Addressing Jail Overcrowding in 2013-2016 Population alert levels reduced beginning in 2013: Alert Level I/Yellow trigger dropped from 95% to "greater than or equal to 85% operational capacity by category and has maintained that level for fourteen (14) consecutive days." Alert Level II/Orange trigger dropped to "between 92% and 100% of operational capacity and has maintained that level for three consecutive days." 2. Process upon issuance of Yellow or higher level alert for Total Secure Population: a. Within 7 days, each city with a municipal court will meet with its court, police, prosecutor representatives to identify any immediate/near term actions it can and will take to reduce population. b. Within 7 days, County will convene a meeting with superior court, district court, prosecutor, DAJD, and client city representatives to identify any immediate/near term actions it can and will take to reduce population. c. Within 10 days, each Extension City with a municipal court and the County will share with all other Extension Cities their respective lists of action items. Medina Interlocal Agreement: Jail Services d. County may thereafter convene a meeting(s) with all Parties to the contract to discuss results, propose additional steps. Parties agree to consider }sousing inmates in alternate detention facilities on a short-term basis as one potential option to address overcrowding. If the County determines that due to a population alert it is necessary to temporarily relocate inmates, it may provide notice to the cities and then do so: if City inmates are re -located, the responsible City will be charged during such relocation on the same basis as if the inmate remained in a County facility, unless the Parties reach agreement on an alternate temporary relocation process and charging arrangement. 50 Medina Interlocal Agreement: Jail Services EXHIBIT V COMPARISON OF ESTIMATED KING COUNTY JAIL BED DEMAND AND SUPPLY 2002 TO 2005 227 Secure Beds 2973 '' w w '2Y,� 2000 g g06 Pre Sentence Post Sentence 492 NRF Beds 291 Total 719 296 1 Work Release 191 Total 3455 2002 Projected 477 300 2009, .; Secure Beds 2973 2973 2973 2973 M, NRF Beds 191 0 0 191 Addn'I Alternatives 60 60 60 60 Work Release 190 190 190 190 Total E, .�. 3 k 2003 Projected 320 2094 " h Secure Beds 2973 2430 2782 2621 Maximum 380 NRF Beds 191 0 0 191 Addn'I Alternatives 60 60 60 60 Work Release 190 190 190 190 Total 2004 Projected 340 2191 : -3i'' Secure Beds 2973 2430 2782 2621 Maximum 250 NRF Beds 191 0 0 191 d Alternatives 60 60 60 60 Work Release 190 190 190 190 TotalLIMAM } , Mid 2005+ Projected 350 2270 _ Secure Beds 2973 2973 2973 2973 Maximum 220 NRF Beds 0 0 0 0 Addn'I Alternatives 60 60 60 60 2012+ Maximum 0 Work Release 190 190 190 190 Total NOTES: 1 Assumes a 3% growth rate per year for felony bed demand 2 Assumes no impact from DWLS diversion programs by District Court 3 Assumes cities will reduce jail bed use by Dec 31 of year unless noted. 4 Assumes cities are able to occupy 530 beds in Yakima Count and/or Benton County Jail b December 2003 5) The County is pursuing policies to reduce the use of secure beds beginning in 2002 that are not reflected in these numbers. Also, capacity restrictions could begin as soon as 2003 depending on County polipydecisions. 6 The number of secure beds listed include double bunking the RJC up to 65% 492 beds). Utilization Of these beds requires that funding be sought and approved by the County Council. 7 Assumes ISP begins 3rd Qtr. 2003. 8 Assumes additional alternative beds available 4 Qtr of 2002. 9) Fifteen days per quarter there is a peak at 5% over average. 51 Medina Interlocal Agreement: Jail Services EXHIBIT VI Land Transfer Agreement Intergovernmental Land Transfer Agreement Between King County and the City of Bellevue This Intergovernmental Land Transfer Agreement ("Agreement") is made and entered into by and between King County ("County"), and the City of Bellevue ("City"). WHEREAS the County has entered into a Jail Services Agreement ("JSA") with many of the cities located in King County ("Cities") to which this Agreement is an attachment; and WHEREAS the JSA provides for the transfer of real property located at 144011 e Avenue N.E. and 1412 11 a Avenue N.E. in Bellevue, Washington, (said property is described more hilly in Exhibit A and referred to herein as the "Property") to the City of Bellevue in consideration for the negotiated rate in the JSA and promises made by the Cities in the JSA related to population reduction; and WHEREAS it is in the best interest of the public that the County transfer said property to the City for the purposes detailed in the JSA; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Obligations of Parties 1.1 Agreement Contingent This Agreement is subject to the execution of an Interlocal Agreement ("Cities Interlocal") between the City and all other interested cities located within King County to provide for the maintenance and disposition of the Property. If the City and the other interested cities are unable to reach agreement on the terms of the Cities Interlocal.prior to the date of conveyance as provided in paragraph 1.2, upon written notice from the City of Bellevue to King County, this Agreement shall, at the City's sole discretion, become null and void and the parties will have no further obligation hereunder. 1.2 Conveyance of Title On July 1, 2004, or earlier as hereinafter provided, the County will execute and deliver to the City: 1) a Statutory Warranty Deed conveying and warranting good and marketable title to parcels A, B-1 and B-2 free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable and those exceptions, defects and/or encumbrances identified on Exhibit B; and 2) a Quit Claim reed conveying parcel C. Parcels A, 13-1, B-2 and C are described more fully in Exhibit A land collectively referred to herein as the "Property." 52 Medina Interlocal Agreement: Jail Services 1.3 The City will provide written notice to the County upon satisfaction of all contingencies under Sections 1.1 and 6.2 of this Agreement and the County shall have sixty (60) days thereafter to deliver a conveyance to the City. 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deed of conveyance. 2.2 The Property will be used as required in Section 12 of the JSA to enable the Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and I I A of the JSA. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not comply with Section 12 of the JSA and meet the final step of the population reduction schedule as detailed in Sections 11.3 and 11.4 of the JSA, the City of Bellevue shall transfer title to the Property back to the County if such Property has not been sold; or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned; or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MAI appraiser selected by mutual agreement of King County and the City of Bellevue, plus investment interest earned. 2.3 Should any disagreement arise between the parties as to the interpretation or application of the terms and provisions of this Agreement, the parties shall first engage: in informal dispute resolution between designated City and County staff persons. If those staff persons are unable to resolve the dispute, the matter shall be referred to the City Manager and the County Executive or their respective designees. If the City Manager and the County Executive or designees are unable to resolve the dispute, the matter shall be referred to non- binding mediation. Should the mediation process fail to resolve the dispute, either party may file an action in King County Superior Court. Each party shall bear its own costs and attorney fees incurred in the dispute resolution process. 3. Condition of Property and Responsibility for Operations, Maintenance, Repairs, Improvements, and Recreation Services 3.1 The County warrants that it has and will deliver marketable title to Parcels A. B-1 and B- 2. The City has inspected and knows the condition of the Property and accepts the Property AS IS, WHERE IS and WITH ALL FAULTS. More specifically, King County does not make and specifically disclaims any warranties; express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of the County is authorized otherwise. Without limitation, the foregoing specifically excludes warranties with respect to the condition of the Property for development and/or use by City, the presence of any Hazardous Materials, 53 Medina Interlocal Agreement: Jail Services underground storage tanks or contaminated soil, or the actual or threatened release, deposit, seepage, migration or escape of Hazardous Materials at, from or into the Property, and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations, including, without limitation, environmental laws. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. Except as provided in Sections 4 and 5, the City acknowledges and agrees that the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Property without regard to whether such defect or deficiency was known or discoverable by the City or the County. 3.2 Except as provided in Section 5, the County shall not have any obligation to make any changes or improvements, or to incur any expenses whatsoever for the operation, maintenance, monitoring, repair or remediation of the Property. 4.lndemnifleation and Hold Harmless 4.1 The County shall protect, indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liabilities, losses, costs, expenses or damages of any nature whatsoever arising from those occurrences related to the Property that occurred prior to the date of conveyance of the Property to the City. In the event that any suit based upon such claims, actions, suits, liabilities, losses, costs, expenses or damages is brought against the City or the City and the County, the County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and/or its elected officials, officers, agents and employees or jointly against the City and the County and/or their respective elected officials, officers, agents and employees, the County shall satisfy the same. 4.2 Except as provided in Section 5, the City shall indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liabilities, Iosses, costs, expenses or damages of any nature whatsoever arising from those occurrences related to the Property that occurred on or after the date of conveyance of the Property to the City. In the event that any suit based upon such claims, actions, suits, liabilities, losses, costs, expenses or damages is brought against the County or the County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against the County and/or its officers, agents and employees or jointly against the County and the City and/or their respectivo officers, agents and employees, the City shall satisfy the same. 4.3 Each Party to this Agreement shall notify the other of any and all claims, actions, suits, liabilities, losses, costs, expenses or damages that arise or are brought against that party relating to or pertaining to the Property, within thirty (30) days of receipt of such information. 4.4 Each party agrees that its obligations under this paragraph extend to any claim, demand, 54 Medina Interlocal Agreement: Jail Services an&or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other icy. 4.5 These indemnification provisions shall survive the conveyance of the Property and any termination of this Agreement or the JSA. 5. Environmental Liability 5.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 5.2 Nothing in this Agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Property by the County, its agents or permittees during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on the Property, changing the configuration of the property, or changing the use of the Property The preceding sentence shall not apply to tests, inspections, studies, surveys or appraisals conducted by the City pursuant to Section 6.1. 53 If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall notify the Comity in writing as soon as reasonably practicable, but in any event not more than sixty (60) (.lays after discovery. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terns of this Agreement prior to undertaking any remediation. 5A In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. 6. City Right of Inspection 6.1 Prior to the date of conveyance, the City shall have the right at City expense to perform any and all tests, inspections, studies, surveys or appraisals of the Property reasonably deemed necessary by the City. Upon seven (7) days written notice to the County, the City may enter the Property and conduct such tests, inspections, studies, surveys and appraisals. County representatives may attend and witness such tests, inspections, studies, surveys and appraisals. After conducting its tests, inspections, studies, surveys or appraisals of the Property, the City shall restore the Property, as nearly as is practicable, to its condition on the date of City's entry thereon, except to the extent that the City may be required by state or 55 Medina Interlocal Agreement: Jail Services federal agencies to leave any exposed or altered area open for inspection anchor remediation. In addition, the City shall defend, indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from all claims, demands, suits, actions, and liabilities of any kind, including injuries to persons or damages to property, which arise out of, are connected with, or are due to any negligent errors, omissions or acts of the City and/or its contractors, employees, agents, and representatives in the performance of the tests, inspections, studies, surveys or appraisals of the Property. The City specifically assumes potential liability for actions brought by the City's own employees against the County arising from such tests, inspections, studies, surveys or appraisals, and for that purpose the City specifically waives, as respects the County only, any immunity under the Worker's Compensation Act, RCW Title 51; and the City recognizes that this waiver was the subject of mutual negotiation. 6.2 If after conducting its tests, inspections, studies, surveys and appraisals the City determines, in its sole discretion, that condition(s) exist on the Property drat will substantially impact the salability of the Property (other than naturally occurring conditions), the City may request that the County remediate such condition(s). In the event that the County fails, within 90 days of receiving the request from the City, to agree to such remediation, or thereafter fails, within a reasonable period of time (but in any event prior to the date of conveyance of the Property), to accomplish such remediation, this Agreement shall, at the City's sole discretion, upon written notice to the County, become null and void and the parties shall have no further obligations under this Agreement or the JSA with respect to this Property. 6.3 Within thirty (30) days of the execution of this Agreement, the County shall provide the City with copies of all of its records related to the County's acquisition and maintenance of and to the condition of the Property. 7. Legal Relationship 7.1 The parties to this Agreement execute and implement this Agreement solely as County and City. No partnership, joint venture or joint undertaking shall be construed from this Agreement. 8. Waiver and Amendments 9.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 9. Entire Agreement and Modifications 9.1 The JSA and this intergovernmental Agreement and its Exhibits set forth the entire agreement between the parties with respect to the subject matter hereof. Any amendment or modification of the teams of this Agreement must be made in writing and signed by both parties hereto. 56 Medina Interlocal Agreement: Jail Services 10. Duration and Authority 10.1 This agreement shall be effective upon signature by the authorized signatories of and authorization by the legislative bodies of both parties. The terms, conditions, covenants, and representations contained herein and in the JSA shall not merge into the deed of conveyance, but shall survive the conveyance and shall continue in force. 10.2 Termination of this Agreement by the City pursuant to Section 1.1 or 6.2 shall have no effect upon the terms and enforceability of the JSA except for Section 12 of the JSA. 11. Assignment, 11.1 The City shall not assign this agreement or any rights hereunder except to the cities or another city representing the cities for whose benefit this conveyance of the Property is to be made, and then only if the assignees) assume(s) all obligations of the City under this Agreement. 12. Negotiation and Construction. 12.1 This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. All parties acknowledge and represent, as an express term of this Agreement, that they have had the opportunity to obtain and utilize legal review of the terms and conditions outlined in this Agreement, although each party must determine if they wish to obtain and pay for such legal review. Each party shall be and is separately responsible for payment of any legal services rendered on their behalf regarding legal review of the terms found in this Agreement. 13. Notice 13.1 Any notice provided for herein shall be sent to the respective parties at: King County City [INSERT INFO] (INSERT INFO) IN WITNESS WHEREOF, the parties have executed this Agreement. Ding County City of Bellevue 57 Medina Interlocal Agreement: Jail Services King County Executive Date Approved as to Form: King County Senior Deputy Prosecuting Attorney Date City Manager Date Approved as to Farm: City Attorney Date 58 Medina Interlocal Agreement: Jail Services STATE OF WASHINGTON 1 ss. COUNTY OF KING l( On this day personally appeared before me , to me known to be the of KING COUNTY, the municipal corporation and political subdivision of the State of Washington that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such municipal corporation and political subdivision, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 2002. Printed Name NOTARY PUBLIC in and for the State of Washington, residine at My Commission Expires STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me , the of known to me to be the City that executed the foregoing instrument, and acknowledged such instrument to be [his/her] free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 2002. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires WE Medina Interlocal Agreement: Jail Services EXHIBIT, A Legal Descriptions Parcel A: Lots 3 and 4 of Bellevue Short Plat No. 78-43 as recorded under Recording No. 7807030722, records of King County, Washington; EXCEPT the South 10 feet thereof.. Parcel B-1: That portion, of the South 267.6 feet of the North 634.7 feet of the NW 1/4 of the SW 1/4 of Section 28, Township 25 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the Northern Pacific Railway Right -of -Way; EXCEPT the North 242 feet of the West 450 feet thereof; AND EXCEPT the West 30 feet thereof for I I6 h Avenue NE; AND EXCEPT the South 26.6 feet of the West 250 feet thereof. Parcel B-2: An easement for access for the benefit of Parcel B-1 as granted and set forth in document recorded under Recording No. 7908020842, records of King County, Washington. Parcel C: The South 10 feet of the North 3 67. 10 feet, measured along the Westerly line thereof, of that portion of the Northwest quarter of the Southwest quarter of Section 28, Township 25 North, Range 5 East, W.M., lying Westerly of the right of way of Burlington Northern, Inc., successor to Northern Pacific railway Company, Except the West 450 feet thereof. All situated in King County, Washington. r Medina Interlocal Agreement: Jail Services Algona Auburn Beaux Arts Bellevue Black Diamond Bothell Burien Carnation Clyde Hill Covington Des Moines Duvall Federal Way Hunts Point Issaquah Kenmore Kirkland Lake Forest Park Maple Valley Medina Mercer Island Milton Newcastle Normandy Park North Bend Pacific Redmond Renton Sammamish Sea Tac Seattle Shoreline Skykomish Snoqualmie Tukwila Woodinville Yarrow Point EXHIBIT VII List of Cities 61 Medina Interlocal Agreement: Jail Services EXHIBIT VIII DISTRIBUTION OF PROPERTY PROCEEDS Distribution Methodology Approved by the Jail Oversight Assembly on March 26, 2008 Total Proceeds Distributed: $13.000.116.20 CITY PROCEEDS RECEIVED Algona $23,192.28 Auburn $802,194.52 Beaux Arts $2,522.78 Bellevue $971,638.82 Black Diamond $13,296.20 Bothell $126,885.71 Burien $152,789.21 Carnation $6,307.75 Clyde Hill $42,535.80 Covington $66,118.25 Des Moines $177,311.14 Duvall $28,001.99 Enumclaw $90,781.96 Federal Way $592,399.79 Hunts Point $18,450.65 Issaquah $219,917.62 Kenmore $124,144.61 Kent $1,167,658.01 Kirkland $425,486.02 Lake Forest Park $80,832.42 Maple Valley $55,773.68 Medina $76,693.70 Mercer Island $215,282.16 Milton $1,945.88 Newcastle $54,016.16 Normand Park $34,455.39 North Bend $26,493.44 Pacific $14,072.56 Redmond $454,813.50 Renton $1,003,904.60 Sammamish $208,371.63 SeaTac $163,498.78 Seattle $4,712,211.12 Shoreline $385,803.38 Sk komish $1,619.59 Sno ualmie $67,254.57 Tukwila $287,711.75 Woodinville $86,320.79 Yarrow Point $17,407.99 Total $13 000116.20 62 Medina Interlocal Agreement: Jail Services EXHIBIT IX 2008 City Average Daily Population (ADP) by Billing Responsibility Based on Daily Morning Headcount City Average Algona 0.14 Auburn 6.45 Beaux Arts - Bellevue 7.93 Black Diamond 0.05 Bothell 0.29 Burien 6.69 Carnation 0.03 Clyde Hill 0.32 Covington 1.51 Des Moines 5.06 Duvall 0.14 Federal Way 8.92 Hunts Point 0.12 Issaquah 0.35 Kenmore 2.39 Kirkland 9.03 Lake Forest Park 2.85 Maple Valley 0.23 Medina 1.10 Mercer Island 0.32 Newcastle 0.75 Normandy Park 0.59 North Bend 0.32 Pacific 0.25 Redmond 3.44 Renton 5.67 Sammamish 0.80 Seatac 6.32 Shoreline 9.26 Skykomish 0.02 Sno ualmie 0.18 Tukwila 16.93 Woodinville 1.32 Yarrow Point - Seattle 185.23 Total 284.98 63 CITY OF MEDINA Park Board Meeting Minutes March 15, 2010 Council Chambers Medina City Hall CALL TO ORDER Chair called the March 15, 2010 Park Board meeting to order at 6:15 pm. ROLL CALL Present: Gabriele Dickmann, Marelaine Dykes, Susan Flagg, Susan Greenberg, Matt Kochel, Ross Mickel, Laura Weingaertner Staff Present: Joe Willis, Director of Public Works; Pamela Greytak, Administrative Assistant ANNOUNCEMENTS No announcements. MINUTES MOTION WEINGAERTNER/SECOND KOCHEL TO APPROVE FEBRUARY 24, 2010 PARK BOARD MINUTES AS WRITTEN. MOTION PASSED 7-0 (6:20 PM) AUDIENCE PARTICIPATION (6:20 pm) Resident Daniel Lipke spoke in favor of temporarily relocating city hall to Medina Park on the basis that the police department would remain in the city, city hall would not be located in a residential area, the location provides ready access into the city, and it has supporting infrastructure such as parking. Mr. Lipke noted that since the proposed site would be temporary, the asphalt could be pulled up, or if kept, could be utilized for additional parking or a restroom. Mr. Lipke requested that the park board consider allowing city hall to locate to the park for a year to 18 months. PARK REPORTS (6:23 pm) Indian Trail: Flagg and Mickel expressed that the trail looked good. Willis confirmed for Mickel that the city is responsible for maintaining the path alongside Overlake Golf Course and neighbors mow the surrounding grass. Weingaertner reported that the post at the end of the trail closest to Overlake Golf Course is not a good height and should be replaced with either a taller or shorter one. Medina Park: Greenberg gave recognition to both a resident who pruned blackberry bushes in Medina Park and the public works crew for hauling away the branches. Willis confirmed for Dykes that the walking paths in the park would be re -graveled once the weather gets warmer. Dickmann requested that ground holes in the park be filled with sand. Weingaertner suggested purchasing new toys to replace the broken and unsafe toys in the play area. Park Board Minutes Page 1 March 1.5, 2010 View Point Park: Willis verified for Dykes that the park bench would be repainted soon. Dickmann suggested that the words "dog waste" be printed on one of the trash containers in the park. NEW BUSINESS Potential Placement of a Temporary City Hall in one of Medina's Parks (6:35 pm) Boardmembers reviewed drawings related to the proposed temporary city hall location in Medina Park. Boardmembers and Willis discussed parking availability in Medina Park. Weingaertner reported that she received feedback from residents who are opposed to temporarily locating city hall in Medina Park. Dykes spoke about the possibility of housing values decreasing in the area where the proposed office trailers would be placed. Dykes also stated her belief that the proposed space to be utilized by the temporary city hall would not be returned to its original state as park space. Boardmembers and Willis discussed the possibility of placing city hall office trailers in the 82nd Avenue NE parking lot rather than at five corners. Willis noted that the city council elected not to lease a residential home to be used as a temporary city hall. Dickmann stated that placing office trailers at the five corners location may lead to beautification of the area. MOTION DYKES/SECOND FLAGG TO EXTEND MEETING 15 MINUTES. MOTION PASSED 7-0. (7.Q PM) Kochel stated that he was in favor of locating the trailers in the Medina Park parking lot at 82"d Avenue NE because it is not the entrance to the city. Greenberg noted there is heavy traffic on 82"d Avenue NE before and after school. MOTION DYKES/SECOND WEINGAERTNER TO RECOMMEND TO CITY COUNCIL THAT THERE ARE NO TRAILERS OR ADDITIONAL PARKING LOTS IN MEDINA PARK. 7.15 PM AMENDED MOTION KOCHEL/SECOND WEINGAERTNER AS A PARK BOARD WE ARE RESOLVED TO FOLLOW THE MEDINA COMPREHENSIVE PLAN AND TO PROTECT THE TOTAL ACREAGE OF CITY PARKS AND OPEN SPACE IN THE CITY OF MEDINA BY PROHIBITING TRAILERS AND NEW PARKING LOTS IN MEDINA PARK. MOTION PASSED 4-3. FLAGG, DICKMANN, GREENBERG OPPOSED. 7:20 PM MOTION MICKEL/SECOND GREENBERG IF YOU MUST PUT SOMETHING IN THE PARK, THE PARK BOARD RECOMMENDS UTILIZING THE PARKING LOT ON 82ND AVENUE NE. (7:21 PM) AMENDED MOTION MICKEL/SECOND KOCHEL IF YOU MUST PUT TRAILERS THE PARK, THE PARK BOARD RECOMMENDS UTILIZING THE 82ND AVENUE NE PARKING LOT LOCATION. KEEPING IN LINE WITH THE COMPREHENSIVE PLAN, AND RESTORING ANYTHING THAT IS IMPACTED TO ITS ORIGINAL CONDITION. MOTION PASSED 6-1. DYKES OPPOSED. 7:23 PM Park Board Minutes Page 2 March 15, 2010 MOTION DYKES/SECOND KOCHEL TO EXTEND MEETING 10 MINUTES. MOTION PASSED 7-0. (7.25 PM) 2010 Park Board Work Plan (7.25 pm) City Manager Donna Hanson spoke to boardmembers about the importance of the comprehensive plan. Willis stated that the city council questioned how the proposed Medina Park picnic shelter would fit into the comprehensive plan. Willis confirmed for Kochel that the next steps involved in rewriting the parks comprehensive plan are to review parks inventory, and discuss goals and policies. Willis announced that the city council requested that the heron webcam be 100 percent funded by donations. Weingaertner reported that St. Thomas does not have funding available at this time, and Medina Elementary grants are given only to teachers. Therefore, a teacher would need to be studying blue herons within the Bellevue School District's curriculum plan. Weingaertner expressed that due to public schools' budget deficits, donations would need to be funded privately. Weingaertner stated her disappointment in the city council for not authorizing funding for any costs associated with the proposed blue heron webcam. Councilmember Janie Lee spoke about the rationale behind the need to keep city expenses to a minimum at present time. Lee indicated that Medina is currently experiencing a budget shortfall. Arbor Day Celebration (7:33 pm) Mickel reported that he would donate an "Oregon Glory" tree to the city in honor of Arbor Day. He indicated that it is a fast growing shade tree that will grow to be 40 to 50 feet tall. Mickel confirmed that he would work with Pat Crickmore to find an appropriate place to plant the tree in Medina Park. Kochel and Weingaertner suggested planting the tree near the children's play area. Easter Egg Hunt (7:35 pm) Boardmembers determined they would hold an Easter Egg Hunt on April 3 at 10 a.m., and begin hiding eggs at 8 a.m. ADJOURNMENT MOTION FLAGG/SECOND KOCHEL TO ADJOURN MARCH 15, 2010 PARK BOARD MEETING. MOTION PASSED 7-0. (7.37 PM) The next Park Board meeting will be held Monday, April 19, 2010 at 6:00 pm. Minutes taken by: Pamela Greytak Administrative Assistant Park Board Minutes Page 3 March 15, 2010 CITY OF MEDINA Emergency Preparedness Committee Meeting March 17, 2010 Medina City Hall Chambers 7.00 p.m. 501 Evergreen Point Road CALL TO ORDER The Emergency Preparedness Committee Meeting was called to order at 7:05 p.m. by Chair Kay Koelemay. This followed a Citizens Emergency Response Team (CERT) medical unit refresher. ROLL CALL Present: Kay Koelemay, Marita Acheson, Cy Humphreys Volunteers: Councilmember Doug Dicharry, Chris Gulacsik, Bruce Hand, Michael Higgins, Daniel Lipkie, Gary Sultan and Bruce Swenson Staff Present: Police Chief Jeff Chen and Emergency Preparedness Coordinator Kris Finnigan. APPROVAL OF MINUTES MOTION ACHESON/SECOND HUMPHREYS TO APPROVE FEBRUARY 17, 2010 MEETING MINUTES AS WRITTEN. MOTION APPROVED. OTHER BUSINESS Ordinance Regarding Volunteers Chair Koelemay announced that the City Council had approved the rewritten Emergency Services Ordinance unanimously at their March 8th meeting. She said that it would be ratified by the Emergency Preparedness Committee, when a quorum is present. Communications Communications Chair Humphreys reported that Volunteer Sultan has been working on finalizing work on digital system Winlink. He said that the standards for system were coming together in Seattle and the East Side. He said that soon the Communications Committee would be bringing a proposal to the Emergency Preparedness Committee, for a request to the City Council for this communications piece. Dicharry announced that radio checks will be conducted on the first Friday of the month, at 10 a.m. The goal will be to have schools, Overlake Golf & Country Club and city staff participate when possible. He spoke of the importance of all volunteers being registered as emergency workers. Sound Shake 2010 Police Chief Chen announced that the city would be participating in training and exercise as part of Sound Shake 2010, a regional exercise, to be held on October 6th & 7th, 2010. He said that the scope of participation is still being defined for this federally funded exercise. He stressed the importance of all becoming familiar with the Incident Command System and complete ICE 100 and 700, at a minimum. Chair Koelemay said that this exercise would be a good opportunity to test communications with CERT and the Committee. CERT Dicharry reported on the CERT website recently set up by Dave Hedequist, and the useful team information available there. Map Your Neighborhood Program Lipkie reported that he had watched the "Map Your Neighborhood" DVD and had delivered relative brochures to his neighbors. He encouraged those neighbors to reach out to their four closest neighbors and share information with them, at a minimum. Discussion followed, regarding resident contact information. The next meeting was scheduled for April 21, 2010 at 7 p.m., with the CERT group scheduled to meet at 6 p.m. that same evening. The meeting was adjourned at 8:25 p.m. Minutes taken by: Kris Finnigan Emergency Preparedness Coordinator (Minutes approved 0412112010.) Emergency Preparedness Committee Minutes March 17, 2010 2 CITY OF MEDINA Planning Commission Meeting March 23, 2010 Medina City Hall Council Chambers 6:00 p.m. 501 Evergreen Point Road CALL TO ORDER The Planning Commission meeting of March 23, 2010, was called to order at 6:11 pm by Chairperson O'Brien. ROLL CALL Present: Judie O'Brien, Molly Goudy, Peter May, Heija Nunn, Jeff Price (arrived at 6:19 pm), Karen Sparks (arrived at 6:12 pm), Ching - Pi Wang (arrived at 6:59 pm) Absent: None Staff Present: Robert Grumbach, Development Services Director; Donna Goodman, Development Services Coordinator Steve Wilcox, Building Official ANNOUNCEMENTS (6:12 pm) Grumbach made the following announcements: • The code enforcement ordinance was adopted by the Council at their March 81h meeting and is currently in effect. • The application deadline for two Planning Commission positions was extended to April 30. The positions held by Sparks and O'Brien will expire at the end of June. Application information is on the City's website. • The council held a study session the previous night and discussed wireless communications in the city and the consultant to be hired to evaluate needs and options for the City. A code amendment will probably be involved. • The ordinance for temporary placement of City Hall in residential zones failed at the March 8th Council meeting. However, the Council is now in favor of possibly negotiating placement of temporary office buildings in the St. Thomas Church parking lot. This would require the ordinance to be revived. A back-up location would be to place portable office buildings in Medina Park and/or Fairweather Nature Preserve. • On April 7th from 5:30 pm to 7:30 pm the City will be holding an open house to encourage public participation in the process for updating the Shoreline Master Program. Invitations have been mailed out to residents. • The renewable energy resource bill did not come out of committee in the state legislature so that issue will not need to be considered by the Commission this year. Planning Commission Minutes Page 1 March 23, 2010 • Steve Wilcox, the City's Building Official is present to give the Commission a brief update of the Washington State Building Code updates that will go into effect July 1 sc Wilcox explained that every three years the state adopts a new building code. This is the year the 2009 International Building Codes will be adopted. The City will need to revise chapter 15 of MMC in order to reflect the change the state is making. The codes consist of multiple books, such as the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, etc. The City is required to adopt the new codes this year with the State of Washington's amendments. However, we are allowed to amend the codes to some extent as needed. Wilcox stated that a few changes will affect Medina. The energy code has undergone a significant change in that a 30% increase in energy efficiency was mandated for all new buildings in the state. This will result in higher costs to builders. Windows will be better. Heating ducts will need to be pressure tested as will houses themselves. All stairs will need to be lighted. Carbon monoxide detectors are required, among other changes. Wilcox was asked and addressed the City's existing amendment to the code which requires fire sprinklers for new houses in Medina that are over 3000 square feet, and explained the safety reasons for this. He also answered questions regarding "green building" and explained that King Co., who is the leader in green building in the area, was asked to give a presentation to the local jurisdictions on this issue. It was learned that, with code changes, it would be possible to make it easier for contractors to deconstruct and recycle buildings, rather than perform the customary demolition. A way the City could encourage the deconstruction of buildings would be to offer a quick and inexpensive process for permit approval for this. Grumbach stated that staff will be taking a proposed ordinance to Council in May in order to allow time for a public hearing and adoption prior to the July deadline. APPROVAL OF MINUTES MOTION NUNN / SECOND GOUDY TO APPROVE FEBRUARY 23 26, 2010 MEETING MINUTES AS WRITTEN. MOTION APPROVED 6-0 (6:34 PM) AUDIENCE PARTICIPATION (6:35 pm) There were no comments from the audience. OTHER BUSINESS Continued Discussion on Permit Procedures Code Amendments (6:35 am) Grumbach stated that he had taken the Commissioners' comments from the last meeting and incorporated them into the latest draft of this proposed ordinance along with editing updates. There is also a memo which provides samples of the Planning Commission Minutes Page 2 March 23, 2010 I9 ' language used by other jurisdictions regarding emergency provisions. Grumbach went on to say that if the Commission is comfortable with the proposed ordinance they could schedule a public hearing or draft a recommendation to the Council. Further discussion was held during which Commission members requested clarification and made further suggestions. Grumbach concluded that he would work further on the language for better coordination of the sections. Nunn thanked Sparks for her careful reading and editing suggestions on the draft ordinances that have come before the Commission. Discussion on Pitched Roof Incentives (7:00 am Grumbach discussed the Pitch Roof Analysis of Alternatives he had prepared for the Commission with tables displaying the different building heights required for different pitches and ceiling heights. Four alternatives were addressed: 1) No change to allowed building heights, 2) Raise the existing height for pitched roofs, 3) Lower the existing height for non -pitched roofs, 4) Offer a structural coverage bonus for pitched roofs, and 5) Other incentives. There was some debate as to whether the codes should be used to encourage one type of building over another (pitched roofs vs flat roofs). Some felt the existing code is a disincentive for pitched roofs and that by making a change people would have more choice. It was suggested it might be helpful to do a survey of the houses constructed during the last five years to determine what percentage had pitched roofs. Others felt no change was needed or desirable. Grumbach emphasized that the council was primarily interested in an option that did not raise the allowed building heights. It was decided that Grumbach would draft a memo to the Council for the Commission's review, recognizing that there was disagreement among the Commission members. ADJOURNMENT MOTION WANG / SECOND PRICE TO ADJOURN MARCH 23, 2010 PLANNING COMMISSION MEETING. MOTION APPROVED 6-0 8:09 PM The next Planning Commission meeting will be held on Tuesday, April 27, 2010, at 6:00 pm. Minutes taken by: Donna Goodman Development Services Coordinator (Minutes approved 0412712010) Planning Commission Minutes Page 3 March 23, 2010 ITEM OB-1 MEDINA CITY COUNCIL MEETING AGENDA BILL SubjectlTitle: Council Position 2 Vacancy Appointment/Election CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other - Discussion STAFF REPORT BY: Donna Hanson BACKGROUND/SUMMARY: On April 19, 2010, Council member Shawn Whitney submitted her resignation to the Medina City Council, "effective immediately." On April 20, 2010, Ms. Whitney made a request to rescind her resignation from the previous day. The City Attorney researched the question and determined that under Washington State Case law the resignation was "effective immediately" and could not be rescinded. This resulted in vacancies to Council Position 2, the deputy mayor position, and the Finance Committee. If Council chooses to take action to appoint Shawn Whitney to Council Position 2, elect Shawn to the Deputy Mayor position, and reappoint her to the Finance Committee, there will need to be three separate motions and three separate votes as outlined below. Also note that following the first appointment to the vacant council position, Shawn will need to be sworn -in. BUDGET/FISCAL IMPACT: None. STAFF RECOMMENDATION: Council needs to take three separate actions to (1)Make an appointment to Council Vacancy, (2)Elect Deputy Mayor, and (3)Make an appointment to the vacancy on the Finance Committee CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: ACTION (1) "1 MOVE TO APPOINT SHAWN WHITNEY TO FILL THE COUNCIL POSITION 2 VACANCY FOR THE REMAINDER OF THE TERM." COUNCIL VOTE AND ADMINISTER THE OATH OF OFFICE ACTION (2) "1 MOVE TO NOMINATE SHAWN WHITNEY TO THE POSITION OF DEPUTY MAYOR VACANCY FOR THE REMAINDER OF THE TERM." COUNCIL VOTE ACTION (3) "1 MOVE TO APPOINT SHAWN WHITNEY TO FILL THE VACANT FINANCE COMMITTEE POSITION FOR THE REMAINDER OF THE TERM." COUNCIL VOTE ITEM OB-2 MEDINA CITY COUNCIL MEETING AGENDA BILL Subject/Title: WIRELESS FACILITIES CONSULTANT RECOMMEDNATIONS CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other - Discussion STAFF REPORT BY: Robert Grumbach BACKGROUND/SUMMARY: ATC approached the City about installing a distributed antenna system (DAS) in the right of way. Under current codes, this is not a permitted use. In a similar timeframe, T-Mobile also approached the City about leasing property at Fairweather Natural Preserve for the purpose of relocating their wireless communication facilities from SR 520 right-of-way. Ultimately Council may want to take official action related to one or both of these wireless facility proposals, depending on what the research indicates. However, to date T-Mobile has taken no further action toward leasing property from Medina. They may be looking at another location outside of Medina City limits. At the April 121h Regular Council meeting, consultants Jeff Langdon of Immobile and Tom Holland of Pacific Telecom Services presented educational materials related to current wireless technology and services within the City. Following questions and discussion Council directed staff to move to the next step and bring back specific recommendations for potentially improving wireless services and facilities within the City. Jeff and Tom will attend the May meeting and present their research and recommendations. If Council accepts the consultant's recommendation, the next step is to forward this item to the Planning Commission and direct staff to draft code amendments and hold a public hearing. In this situation we would anticipate that the Planning Commission will benefit from hearing the consultant research and recommendations. With the current Planning Commission workload, the review process and public hearing could take several months. If Council chooses to move forward and add these code amendments to the Planning Commission workload, what are the expectations as to review time and public input? Attachments: There will be handouts at the meeting BUDGET/FISCAL IMPACT: NA STAFF RECOMMENDATION: Discuss recommendations and take action as appropriate, see motion below. CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: "I MOVE THAT COUNCIL ACCEPT THE CONSULTANT'S RECOMMENDATIONS, DIRECT STAFF TO PLACE THE ISSUE ON THE PLANNING COMMISSION WORK PLAN TO DRAFT CODE AMENDMENTS TO IMPLEMENT THE RECOMMENDATIONS." ITEM OB-3 MEDINA CITY COUNCIL MEETING AGENDA BILL Subject/Title: 2009 STATE BUILDING CODE ADOPTION CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other - Discussion STAFF REPORT BY: Steven R. Wilcox BACKGROUND/SUMMARY: The Washington State Legislature has adopted the 2009 State Building Code. This follows an extensive public hearing review process at both the national and state levels. Pursuant to RCW 19.27.031, all towns, cities and counties are required to adopt the new state building code to go into effect on July 1, 2010. This is a normal three-year building code adoption cycle. The City of Medina is required to adopt the 2009 editions of the following codes with amendments: International Building Code; ICC/ANSI A117.1-03, Accessible and Usable Buildings and Facilities; International Residential Code; International Mechanical Code; Liquefied Petroleum Gas Code (NFPA 58); National Fuel Gas Code (NFPA 54) for LP Gas; International Fire Code; Uniform Plumbing Code; Washington State Energy Code; International Existing Buildings Code; National Electrical Code (NFPA 70). Some modifications to the administrative sections of the building code are allowed to fit local conditions. A summary of proposed changes include: 1. Refinement of building and grading permit exemptions for clarity; 2. Revise the permit expiration limits and requirements; 3. Revised language clarifying other inspection requirements; 4. Create a new Temporary Certificate of Occupancy process; and 5. Move the building code to chapter 20.40 MMC as part of the process of creating a Unified Development Code. 6. New Appendices to be adopted include: Appendix C (Exit Terminals of Mechanical Draft and Direct -Venting Systems), Appendix F (Radon Control Methods), Appendix H (Patio Covers), and Appendix R (Dwelling Unit Fire Sprinkler Systems) of the IRC. Appendix R provides an optional or mandatory requirement for automatic fire sprinklers. Staff is recommending adopting the optional requirement while retaining current regulations for automatic fire sprinklers systems in new and reconstructed homes greater than 3,000 square feet, or additions and remodels that exceed 25 percent of the value of the existing structure. Note: Staff is researching the history of previous building code adoptions that could result in additional modifications by the June meeting. Additionally, City staff has been working closely with the Bellevue Fire Department and following their adoption of the International Fire Code. The City contracts fire services, including permit review, from the City of Bellevue. Included in the proposed City of Medina adoption are essential administrative sections related to processing permits through the Bellevue Fire Department. The Bellevue Fire Department is expected to present a code adoption proposal to their council at a study session on May 10, 2010. As maybe found needed for consistency, the final ordinance presented in June may contain additional modifications to provisions affected by the Bellevue Fire Department's code adoption. The following Building Code appendices would be retained: Appendix J (Grading) of the IBC, Appendix B (Fire Flow) and Appendix C (Fire Hydrant Locations and Distributions) of the IFC, and Appendix G (Swimming Pools, Spas and Hot Tubs) of the IRC. ITEM OB-3 Also worth noting is that adoption does not include chapter 11, and 25 through 42 of the International Residence Code. These chapters, which deal with detailed technical provisions, were not adopted into the State Building Code, as the state has adopted other related provisions. Chapter 15.08 (Moving of Buildings) pertains more to protecting City streets and is being moved to title 12 MMC (note: the State Building Code contains provisions related to the permit aspect of moving buildings). Chapters 15.12 (Undergrounding Wiring) and 15.16 (Building Numbering) MMC are being moved to title 20 MMC, but substantively will remain unchanged. BUDGET/FISCAL IMPACT: Monthly revenue to be determined STAFF RECOMMENDATION: Schedule a public hearina CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: Move to approve scheduling a public hearing for June 14, 2010, for adoption of the 2009 state building codes Draft May 10, 2010 1 Ordinance No. 2 3 4 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, 5 REPEALING CHAPTERS 15.04, 12.10, 15.12 AND 15.16 OF THE 6 MEDINA MUNICIPAL CODE (MMC); AND ADOPTING NEW CHAPTERS RELATED TO 7 THE 2009 UPDATES OF THE STATE BUILDING CODE; AND AMENDING RELATED 8 PROVISIONS OF THE MEDINA MUNICIPAL CODE 9 10 WHEREAS, the Washington State Legislature adopted the International Building 11 Code, the International Residential Code, the International Mechanical Code, the Uniform 12 Plumbing Code, the International Fire Code, and the Washington State Energy Code and 13 directed that the State Building Code Council adopt these as part of the State Building Code; 14 and 16 WHEREAS, pursuant to chapter 19.27 RCW, the State Building Code Council 17 adopted the 2009 editions, with amendments, of the International Building, Residential, 18 Mechanical and Fire Code, the 2009 edition of the Uniform Plumbing Code, and the 2009 199 edition of the Washington State Energy Code as an update to the State Building Code; and 20 21 WHEREAS, pursuant to RCW 19.27.031, the State Building Code shall be in effect 22 23 in all Washington State cities and counties; and 24 WHEREAS, pursuant to chapter 51-50 WAC, the updated State Building Code goes 25 into effect July 1, 2010; and 27 WHEREAS, the City wishes to incorporate the updated State Building Code into the 28 29 Medina Municipal Code; 30 WHEREAS, the City is developing a Unified Development Code and wishes to 32 incorporate the building codes into the Unified Development Code; and 33 WHEREAS, the adoption of an ordinance pertaining to building codes is exempt from 34 the State Environmental Policy Act pursuant to WAC 197-11-800(20). 35 36 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO 37 ORDAIN AS FOLLOWS 38 39 Section 1. A new chapter 20.40 of the Medina Municipal Code is hereby adopted to 40 read as follows: 41 42 Chapter 20.40 44 BUILDING CODES 45 Sections: 46 20.40.010 State Building code adopted. 47 20.40.020 International Building Code — Subsection 101.2 amended. 48 20.40.030 Additional provisions adopted. 49 20.40.040 Building permit fees. 50 20.40.050 Work exempt from permit — subsections 105.2 and R105.2 amended. 51 20.40.060 Expiration — subsections 105.5 and R105.5 amended. 52 20.40.070 Work commencing before permit issuance — subsections 109.4 and R108.6 53 amended. 1 of 13 Draft May 10, 2010 1 20.40.080 Certificate of Occupancy. 2 20.40.090 Other Inspections — subsections 110.3.8 and R109.1.5 amended. 3 20.40.100 Temporary certificate of occupancy — subsections 111.3 and R110.4 4 amended. 5 20.40.110 International building code, Appendix J (Grading) — section J103.2 amended. 6 20.40.115 International building code, Appendix J (Grading) — section J104 amended. 7 20.40.120 Definition of "chief" or "fire code official." 8 20.40.130 Plans submittal — compliance with international fire code. 9 20.40.140 Plans submittal —fire code official determination. 10 20.40.150 Review and inspections by fire department — fees. 12 20.40.160 Appeals. 13 20.40.010 State Building code adopted. 14 15 All construction activity and construction materials in the city shall be governed by the State 16 Building Code as adopted in Chapter 96, Laws of 1974, as updated by the State Building 17 Code Council to include the 2009 editions of the following codes with amendments: 18 A. International Building Code; 19 B. ICC/ANSI A117.1-03, 20 C. Accessible and Usable Buildings and Facilities; 21 D. International Residential Code; 22 E. International Mechanical Code; 23 F. Liquefied Petroleum Gas Code (NFPA 58); 24 G. National Fuel Gas Code (NFPA 54) for LP Gas; 25 H. International Fire Code; 26 I. Uniform Plumbing Code; 27 J. Washington State Energy Code; 28 K. International Existing Buildings Code; and 329 0 L. National Electrical Code (NFPA 70). 31 20.40.020 International Building Code — Subsection 101.2 amended. 32 Subsection 101.2 of the International Building Code is amended to read as follows: 33 101.2 Scope. The provisions of this code shall apply to the construction, alteration, 34 movement, enlargement, replacement, repair, equipment, use and occupancy, location, 35 maintenance, removal and demolition of every building or structure or any appurtenances 36 connected or attached to such buildings or structures. 38 Exception: New and reconstructed detached one and two family dwellings not more than 39 three stories in height or 3,000 square feet or less in area, and additions or remodel 40 activity that does not exceed 25 percent of the value of the existing structure may be 41 constructed using the provisions of the International Residential Code (IRC), as amended 42 by the State Building Codes Council. All buildings and additions to buildings constructed 43 under the IRC shall comply with the code provisions in the International Fire Code, the 44 State Energy Code, the State Ventilation and Indoor Air Quality Code, and the Uniform 45 Plumbing Code and Standards. 46 47 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically 48 adopted. 49 2 of 13 Draft May 10, 2010 1 20.40.030 Additional provisions adopted. 2 3 The following optional provisions are adopted and incorporated into the Building Code: 4 A. Appendix J, Grading, of the International Building Code (IBC) and amendments thereto. 5 All administrative and enforcement provisions of the IBC and Medina Municipal Code 6 shall apply to this appendix in the same way that they apply to other elements of the 7 code. 8 B. Appendix B, Fire Flow Requirements for Buildings, and Appendix C, Fire Hydrant 9 Locations and Distribution of the International Fire Code (IFC) and amendments thereto. 10 All administrative and enforcement provisions of the IFC and the Medina Municipal Code 11 shall apply to these appendixes in the same way that they apply to other elements of the 12 code. 13 C. Appendix C, Exit Terminals of Mechanical Draft and Direct -Venting Systems, Appendix 14 H, Patio Covers, and Appendix R, Dwelling Unit Fire Sprinkler Systems of the WAC 51- 15 51-60105 of the International Residential Code (IRC) and amendments thereto. All 16 administrative and enforcement provisions of the IRC and the Medina Municipal Code 17 shall apply to these appendixes in the same way that they apply to other elements of the 18 19 code. 20 20.40.040 Building permit fees. 21 22 All permits issued by the City of Medina in conformance with the provisions of the referenced 23 codes in this title shall be subject to a plan review fee and/or a permit fee as prescribed in 24 Tables A, B, and C as adopted in chapter 17.44 and chapter 3.64 MMC. These fee 25 schedules are adopted by reference and incorporated into this title as though set forth herein 26 in their entirety. 27 288 20.40.050 Work exempt from permit — subsections 105.2 and R105.2 amended. 29 30 Subsection 105.2, of the IBC and Subsection R105.2, of the IRC, which lists work of a 31 building nature that is exempt from building permit requirements, are amended to read as 32 follows: 33 34 35 Building: 36 1. One-story detached accessory structures used as tool and storage sheds, playhouses 37 and similar uses, provided the floor area does not exceed 120 square feet. 38 2. All fences not over 4 feet in height above the existing or finished grade, whichever is 39 lower. 40 3. New fences or repair to existing fences not exceeding a fair market value of $3,000 and 6 41 feet in height above grade. This exemption shall not apply to structures designed or 42 intended to be used for sound attenuation purposes. 43 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing 44 to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA 45 liquids. 46 5. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over 47 any basement or story below and are not part of an accessible route. 48 6. Temporary motion picture, television and theater stage sets and scenery limited to being 49 erected not more than 30 days. 50 7. Temporary, prefabricated or mobile structures to be used on -site during construction and 51 removed upon completion of the project. 52 8. Swings and other playground equipment accessory to detached one and two family 53 dwellings and not affecting the structural coverage allowance of the lot. 3 of 13 Draft May 10, 2010 1 9. Interior and exterior trim, painting, papering, tiling, cabinets, counter tops, carpeting, 2 finished flooring and other similar finish work for which inspection to verify code 3 compliance is not required. 4 10. Pre -fabricated swimming pools located above grade that contain water not over 24 5 inches in depth. 6 11.Ornamental or decorative ponds or pools that contain water not over 24 inches in depth. 7 12. Non -fixed and moveable fixtures, cases, racks, counters and partitions not over 5 feet, 9 8 inches, in height. 9 13. Any work not regulated by provisions of this code or any elements of the State Building 10 Code. 11 12 The listings of exemptions for Electrical, Gas and Mechanical shall remain unchanged. 13 14 20.40.060 Expiration — subsections 105.5 and R105.5 amended. 15 16 Subsection 105.5 of the International Building Code and Subsection R105.5 of the 177 International Residential Code are hereby amended to read as follows: 19 Expiration. Every permit issued shall become invalid unless the work authorized by 20 such permit is commenced within 180 days after its issuance. The building official is 21 authorized to grant, in writing, one or more extensions of time, for periods not more than 22 180 days each. The extension shall be requested in writing and justifiable cause 23 demonstrated. The processing of the extension may be subject to a fee set forth in the 24 25 adopted fee schedule. 26 All work authorized by a permit shall be completed and final inspections made within 18 27 months from the date the permit is issued and all permits shall finally expire by limitation 28 18 months from the date of issuance. 29 30 If work or inspections are incomplete at the time a building permit expires, the property 31 owner or their authorized agent may renew action on an expired building permit by 32 obtaining a new permit and paying a new permit fee. The permit fee shall be based upon 33 the building official's determination of percentage of inspection completed and the fee 34 schedule in effect at the time a new permit application is submitted. However, the permit 35 fee shall not be less than 25 percent of the fee calculated using the fee schedule in effect 36 at the time the new permit application is submitted. Any previous fees owed on the 377 expired permit shall be paid before a new permit is issued. 38 39 If work or inspections are incomplete at the time a permit, other than a building permit, 40 expires, the property owner or their agent may renew action on the expired permit by 41 obtaining a new permit and paying a new full permit fee based upon the fee schedule in 42 effect at the time the new permit application is submitted. 43 44 20.40.070 Work commencing before permit issuance — subsections 109.4 and 45 R108.6 amended. 46 47 Subsection 109.4 of the International Building Code and Subsection R108.6 of the 48 49 International Residential Code are amended to read as follows: 50 Any person who commences work requiring a permit on a building, structure, electrical, 51 gas or plumbing system before obtaining the necessary permits shall be subject to an 52 investigation and administration fee equal to the amount of the permit fee. This fee is in 54 addition to all other fees that may apply to the project. 4 of 13 Draft May 10, 2010 1 20.40.080 Certificate of Occupancy. 2 3 When a series of related permits, such as grading, drainage, tree mitigation, swimming pool, 4 fencing, or permits for separate accessory buildings, are issued in conjunction with a building 5 permit for the renovation, reconstruction, or new construction of a residence; the certificate of 6 occupancy for the residence shall not be issued until all regulated work under all related 7 permits and all work included in the scope of work identified in the city's construction 8 mitigation review has been completed, inspected, and approved and all fees and charges 10 have been paid. 11 20.40.090 Other Inspections — subsections 110.3.8 and R109.1.5 amended. 12 13 Subsection 110.3.8 of the International Building Code and Subsection R109.1.5 of the 14 International Residential Code are amended to read as follows: 15 16 In addition to regular code specified inspections, special inspections, and structural 17 observations required by this code, the building official may require visual observation and 18 testing to confirm compliance with approved construction documents for structural systems, 19 mechanical systems, plumbing systems, and energy systems. This inspection requirement 20 shall apply to all projects involving 4,000 square feet or greater of new or additional floor 21 area, or where the building official determines such a requirement is necessary. All costs for 22 inspections under this subsection are the responsibility of the permit holder. 23 24 20.40.100 Temporary certificate of occupancy — subsections 111.3 and R110.4 25 amended. 27 Subsection 111.3 of the International Building Code and Subsection R110.4 of the 29 International Residential Code are amended to read as follows: 30 Temporary occupancy. The building official is authorized, but not required, to issue a 31 temporary certificate of occupancy before completion of the entire work covered by the 32 permits issued, provided that such portion or portions shall be occupied safely. A 33 temporary certificate of occupancy may only be issued in association with a valid building 34 permit. A cash financial guarantee shall be required in an amount set at 50 percent of 35 the permit fee, or $10,000, whichever is the lesser amount. A temporary certificate of 36 occupancy is valid for a period not to exceed 90 days from the date of issuance. 37 Administration fees for costs incurred by the city to process the temporary certificate of 39 occupancy will be assessed per the adopted fee schedule. 40 20.40.110 International building code, Appendix J (Grading) — section J103.2 41 amended. 42 43 Subsection J103.2, of the IBC, which lists work of a grading nature that is exempt from 45 permit requirements, is amended to read as follows: 446 J103.2 Exemptions. A grading permit shall not be required for the following: 48 1. Grading in an isolated, self-contained area, provided there is no danger to the public, 49 and that such grading will not adversely affect adjoining properties. 50 2. Excavation for construction of a structure permitted under this code not exceeding 25 51 cubic yards. 52 3. Refuse disposal sites controlled by other regulations. 53 4. All excavation for wells for utilities. 5 of 13 Draft May 10, 2010 1 5. All excavation for trenches for utilities requiring a right-of-way permit. 2 6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate 3 or clay controlled by other regulations, provided such operations do not affect the 4 lateral support of, or significantly increase stresses in, soil on adjoining properties. 5 7. Exploratory excavations performed under the direction of a registered design 6 professional. 7 8. Excavations and grading involving the movement of 25 cubic yards of earth or less, 8 and not involving a critical area. 9 9. A fill less than one foot in depth, and placed on natural terrain with a slope flatter than 10 5 horizontal to one vertical, or less than 3 feet in depth, not intended to support any 11 structures, which does not exceed 25 cubic yards on any one lot and does not 112 3 obstruct a drainage course. 14 Exemption from the permit requirements of this appendix shall not be deemed to grant 15 authorization for any work to be done in any manner in violation of the provisions of this 16 code or any other laws or ordinances of this jurisdiction. 17 18 20.40.115 International building code, Appendix J (Grading) — section J104 299 amended. 21 Section J104 of Appendix J of the International Building Code is amended to add a new 22 subsection to read as follows: 23 24 J104.5 Review by the City Engineer. In addition to the plan review by the Building 25 Official, all requests for grading permits shall be submitted to the City Engineer or 26 designee for review and comment prior to approval and issuance of the permit by the 27 28 Building Official. 29 20.40.120 Definition of "chief" or "fire code official." 30 31 All references to "chief" within this chapter and within the International Fire Code shall refer 32 to the Chief of the Bellevue Fire Department. All references to "fire code official" shall refer 33 to the authority designated by the chief, or a duly authorized representative, who is charged 35 with the administration and enforcement of the fire code. 36 20.40.130 Plans submittal — compliance with international fire code. 37 38 Before a building permit application shall be submitted to the City for a new residence or new 39 accessory structure or for an improvement to an existing residence or accessory structure, 40 which improvement constitutes reconstruction, the applicant shall submit plans and data to 41 the Bellevue Fire Department for review and determination of compliance with the 42 International Fire Code. The submittal shall contain sufficient data as the fire code official 43 shall require for making such a determination. The provisions of this section are also 45 applicable to all projects under the provisions set forth in MMC 20.40.020. 46 20.40.140 Plans submittal —fire code official determination. 47 48 When the fire code official has determined the plans for a proposed project comply with the 49 International fire Code, including any stipulated conditions, the applicant shall obtain the fire 50 code official's approval on two sets of plans. The set of plans with the fire code official's 51 approval shall be included in the documents for the building permit application that is 52 submitted to the City and shall be incorporated into the approved set of building permit 6 of 13 Draft May 10, 2010 1 documents together with all conditions and inspection requirements noted or required by 3 code. 5 20.40.150 Review and inspections by fire department — fees. 6 The City is authorized to charge and collect fees to recover the cost to the City for the 7 services of the Bellevue Fire Department related to determining compliance with the 8 international fire codes. The fees shall be based on the fee schedule adopted in chapter 9 17.44 and chapter 3.64 MMC. 10 12 20.40.160 Appeals. 13 In order to hear and decide appeals of orders, decisions or determinations made by the 14 Building Official or the Fire Code Official relative to the application and interpretation of the 15 State Building Code, applicants shall have a right of appeal to the Hearing Examiner, as 16 provided in Chapter 2.78 MMC. This appeal process shall replace any reference to a board 17 of appeals in the adopted codes. 18 19 An application for appeal shall be based on a claim that the true intent of the subject code or 20 the rules legally adopted there -under have been incorrectly interpreted, the provisions of this 21 code do not fully apply, or an equally good or better form of construction is proposed. The 22 23 hearing examiner shall have no authority to waive requirements of the State Building Code. 24 Section 2. Section 1.15.030 of the Medina Municipal Code is hereby amended to 25 read as follows: 26 27 This chapter applies to any violations of: 28 A. Title 17 MMC Zoning; 29 B. Chapter 8.04 MMC, Nuisances, 30 C. Chapter 8.06 MMC, Noise; 31 D. Chapter 12.28 MMC, Tree Code; 32 E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way; 33 F. Chapter 14.12, Site Plan Review; 34 G. Chapter ((15.94)) 20.40, Building Codes; 35 H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities; 36 I. Chapter 18.04 MMC, Shoreline Management Master Program; and 37 J. Chapter 18.12 MMC, Environmentally Sensitive Areas. 38 39 Section 3. A new chapter 12.10 of the Medina Municipal Code is adopted to read as 40 follows: 41 42 Chapter 12.10 43 MOVING OF BUILDINGS 45 Sections: 46 12.10.010 Applicability. 47 12.10.020 Permit — required. 48 12.10.040 Security deposit — Generally. 49 12.10.050 Other security guarantees. 50 12.10.060 Permit — conditions. 51 12.10.070 Inspections. 52 12.10.080 Permit— grounds for refusal. 53 12.10.090 Appeal. 7 of 13 Draft May 10, 2010 1 12.10.100 Return of fees and deposits. 2 12.10.110 Determination of route. 3 12.10.120 Responsibilities of applicant. 4 12.10.130 Enforcement. 5 6 12.10.010 Applicability. 8 This chapter is applied in conjunction with the building codes set forth in chapter 20.40 MMC 9 and shall apply to the movement of any building using City rights -of -way or property. 10 12 12.10.020 Permit — required. 13 No person, corporation, firm, or organization shall move any building over, along or across a 14 City right-of-way or property without first obtaining a building permit from the City as set forth 15 in MMC 20.40 MMC. 16 17 12.10.040 Security deposit — generally. 18 19 Upon receipt of an application, the City shall calculate an estimate of the expenses that will 20 be incurred in removing and replacing any property of the city, the removal and replacement 21 of which will be required by reason of the moving of the building through the city, together 22 with the cost of materials necessary to be used in making such removals and replacements. 23 The applicant shall be required to provide a cash security deposit to the City in the amount 24 25 equal to twice the estimated expenses. 26 12.10.050 Other security guarantees. 27 28 A. An application hereunder shall be accompanied by: 29 1. A cash deposit or corporate surety bond in the sum to be determined by the City as 30 indemnity for any damage which the city may sustain by reason of damage or injury 31 to any highway, street, or alley, sidewalk or other property of the city, which may be 32 caused by or be incidental to the moving of any building over, along or across any 33 street in the city; and 34 2. A public liability insurance policy, naming the city as an additional insured, providing a 35 sum determined by the City to satisfy any claim by private individuals, firms, 36 corporations or other entities arising out of, caused by or incidental to the moving of 37 any building over, along, or across any street in the city; and 38 3. By a cash deposit or corporate surety performance bond in the sum of $2,000, 39 conditioned upon the applicant, within 6 months from the date of the issuance of such 40 permit: 41 a. Completing the construction, painting and finishing of the exterior of the 42 building, and 43 b. Faithfully complying with all requirements of this chapter, the building code, 44 and the other ordinances then in effect within the city, including but not limited 45 to applicant completing such work within 6 months from the date of the 46 issuance of such permit; 47 B. In the event the provisions of MMC 12.10.050(A)(3) are not complied with within the time 48 specified, the sum of $2,000 shall be forfeited to the city as a penalty for the default, and 49 this shall be in addition to any other penalties provided for failure to comply with the terms 50 of this chapter. 52 12.10.060 Permit — conditions. 53 8 of 13 Draft May 10, 2010 1 As a condition of securing the permit: 2 A. The applicant shall furnish the city with a set of plans and specifications for the completed 3 building; and 4 B. The applicant shall, prior to making any application for such permit, or within 10 days 5 after making such application, cause all of the interior or exterior walls, ceilings or flooring 6 to be removed to such extent as may be necessary to permit the city building inspector to 7 examine the materials and type of construction of such building to ascertain whether it 8 does or can be rehabilitated to comply with all existing building codes and ordinances of 9 the city when located on a new site within the city. Said inspection shall be at the 10 applicant's expense. 11 C. The applicant shall, after receiving a permit to move the structure on city streets, notify 12 the administrator of the proposed date and time of such move. Such proposed date and 13 time must be approved by the city before any structure is moved on any city highway, 14 street or alley. 16 12.10.070 Inspections. 17 18 The City's Building Official shall inspect the building and the applicant's equipment to 20 determine whether the standards for issuance of a permit are met. 22 12.10.080 Permit — grounds for refusal. 23 The City may refuse to issue a permit if it is found that: 24 A. Any application requirement or any fee or deposit requirement has not been complied 25 with; 26 B. The building is too large to move without endangering persons or property in the city; 27 C. The building is in such a state of deterioration or disrepair or is otherwise so structurally 28 unsafe that it could not be moved without endangering persons or property in the city; 29 D. The building is structurally unsafe or unfit for the purpose for which moved, if the building 30 is to be located in the city; 31 E. The applicant's equipment is unsafe and that persons and property would be endangered 32 by its use; 33 F. Zoning or other ordinances would be violated by the building in its new location; 34 G. For any other reason persons or property in the city would be endangered by the moving 35 of buildings. 36 377 12.10.090 Appeal. 39 Any person aggrieved by the action of the administrator in refusing to issue a permit under 40 this chapter shall have the right to appeal such action to the hearing examiner pursuant to 41 chapter 2.78 MMC by filing a notice of appeal with the city clerk within 14 days of receiving 43 notice of the action from which appeal is taken. 445 12.10.100 Return of fees and deposits. 46 A. Return Upon Non -issuance. Upon the refusal of the administrator to issue a permit, the 47 administrator shall return to the applicant all fees, deposits and bond. 48 B. Return Upon Allowance for Expense. After the building has been moved, the City shall 49 prepare a written statement of all expenses incurred in removing and replacing all 50 property belonging to the city, and all material used in the making of the removal and 51 replacement together with a statement of all damage caused to or inflicted upon property 52 belonging to the city. The City shall return to the applicant all deposits after deduction of 9 of 13 Draft May 10, 2010 1 a sum sufficient to pay for all of the cost and expenses and for all damage done to 2 property of the city by reason of the building. 3 4 12.10.110 Determination of route. 5 6 The City Engineer or designee shall designate the streets over which the building may be 7 moved. The designation of the streets shall be made with input from the City police 8 department. In designating the streets, the City shall act to assure maximum safety to 9 persons and property in the city and to minimize congestion and traffic hazards on public 10 streets. 11 13 12.10.120 Responsibilities of applicant. 14 Every applicant under this chapter shall: 15 A. Use Designated Streets. Move a building only over streets designated for such use in the 16 permit; 17 B. Notify of Revised Moving Time. Notify the City in writing of a desired change in moving 18 date and hours as proposed in the application; 19 C. Notify of Damage. Notify the City in writing of any and all damage done to property 20 belonging to or located within the city within 24 hours after the damage or injury has 21 occurred; 22 D. Display Lights. Cause red lights to be displayed during the nighttime on every side of the 23 building, while standing on a street, in such manner as to warn the public of the 24 obstruction, and shall at all times erect and maintain barricades across the streets in such 25 manner as to protect the public from danger or injury by reason of the moving of the 26 building; 27 E. Street Occupancy Period. Remove the building from the city streets after 12 hours of 28 such occupancy, unless an extension is granted by the administrator; 29 F. Comply with Governing Law. Within 6 months from the date of issuance of the permit, 30 comply with all city building, fire and zoning ordinances, and all other applicable 31 ordinances and laws upon relocating the building in the city; 32 G. Safeguard Installation Site. Provide adequate barriers and warnings at any site within the 33 city where a building is to be located, sufficient to prevent access to any construction or 34 excavation site, by children or adults, during all phases of construction; 35 H. Pay Expense of Officer. Pay the expenses of a traffic officer ordered by the administrator 36 to accompany the movement of the building to protect the public from injury; 37 I. Clear Premises. Remove all rubbish and materials and fill all excavations to existing 38 grade at the original building site and at the site at which the building is relocated so that 40 the premises are left in a safe and sanitary condition. 41 12.10.130 Enforcement. 42 43 A. Enforcement shall be pursuant to the notice of violation procedures set forth in MMC 1.15 44 MMC and the nuisances provisions in chapter 8.04 MMC. 45 B. Applicant Liable for Expense Above Deposit. The applicant shall be liable for any 46 expense, damages or costs in excess of deposited amounts or securities, and the city 47 attorney may prosecute an action against the applicant in a court of competent 48 jurisdiction for the recovery of such excessive amounts. 49 C. Premises Left Unsafe. The City may proceed with an abatement action pursuant to 50 chapter 8.04 MMC to do any work necessary to put the original premises, or the site at 51 which the building is relocated, in a safe and sanitary condition, where applicant does not 10 of 13 Draft May 10, 2010 1 comply with the requirements of this chapter, and the cost thereof shall be charged 2 against the general deposit. 3 D. Cost of Enforcement. The applicant shall be responsible for all costs, including 4 reasonable attorneys' fees, incurred by the city in enforcing the requirements of this 56 chapter 78 Section 4. Chapter 15.04 of the Medina Municipal Code is hereby repealed. 10 Section 5. Chapter 12.10 of the Medina Municipal Code is hereby repealed. 11 Section 6. Chapter 15.12 of the Medina Municipal Code is hereby repealed. 12 13 Section 7. Chapter 15.16 of the Medina Municipal Code is hereby repealed. 14 15 Section 8. Section 17.76.030 of the Medina Municipal Code is hereby amended to 16 read as follows: 17 18 The placement of a guard rail on top of a retaining wall may exceed the maximum height 19 allowances by up to four feet provided that: 20 A. The Building Official determines a guard rail is required pursuant to the building codes 21 adopted in chapter ((45rG4)) 20.40 MMC; and 22 B. The component solid portions of the guard rail are evenly distributed and constitute no 23 more than 50 percent of the total surface area of the guard rail. 24 25 Section 9. Section 17.76.070 of the Medina Municipal Code is hereby amended to 26 read as follows: 27 28 A building permit is required to be obtained from the city prior to construction or repair of a 29 fence, wall or bulkhead, unless exempt pursuant to MMC ((15.94.039)) 20.40.050. 30 31 Section 10. A new chapter 20.41 of the Medina Municipal Code is hereby adopted to 32 read as follows: 33 34 CHAPTER 20.41 35 UNDERGROUND WIRING 36 37 Sections: 38 20.41.010 Required generally. 30 20.41.020 Entrance wiring. 42 20.41.010 Required generally. 43 The provision of utilities in plats shall include improvement with underground electrical power 45 and telephone service to each building site. 46 20.41.020 Entrance wiring. 47 48 Entrance wiring for electrical power service or telephone service to each structure served 49 shall be by way of underground wiring so that no overhead wiring for such purposes is added 50 upon the building site, or between such site and the source of service in the street; provided, 51 however, that this requirement shall have reference only to new construction where, if such 52 new construction be for the purpose of remodeling an existing structure, the value of the 53 improvement exceeds that of the preexisting structure; and that if the applicant for a building 54 permit for such new construction files complete plans for the most economical sufficient 11 of 13 Draft May 10, 2010 1 installation of such underground service and demonstrates that the cost of such service by 2 reason of the peculiar circumstances of his property will be extraordinary, then this 3 requirement may be waived until such time as the compelling circumstances of difficulty shall 4 have been obviated. 5 6 Section 11. A new chapter 20.42 of the Medina Municipal Code is hereby adopted to 7 read as follows: 8 9 Chapter 20.42 10 BUILDING NUMBERING 11 12 Sections: 13 20.42.010 Address number — designation and re -designation. 14 20.42.020 Address number — display. 15 20.42.030 Address number — placement required. 116 20.42.040 Violation — penalty. 18 20.42.010 Address number — designation and re -designation. 19 20 A. The Building Official shall be responsible for assigning a street address to each residence 21 or other building applying for a building permit. Such addresses shall be assigned based 22 upon a uniform system to be adopted by the Building Official, designed to facilitate 23 prompt response and location of the building by emergency vehicles. 24 B. The Building Official may re -designate street addresses to residences and buildings 25 where, in his opinion, an existing street address could be confusing or otherwise delay 26 the response time of emergency vehicles. 28 20.42.020 Address number— display. 30 The house number of each address previously or hereafter assigned to a residence shall be 31 posted in conformance with the requirements of this chapter with numerals at least three 32 inches high composed of durable and clearly visible material in colors contrasting with the 33 background. 34 A. Addresses for all residences which are clearly visible from a public street or road shall be 35 posted on said residence or on a secure and durable sign post in an area where they will 36 be clearly visible from the adjacent street or road. 37 B. Addresses of all residences not clearly visible from the public street or road shall be 38 conspicuously posted on a secure and durable sign post which is clearly visible from the 39 public street or road from which the building or residence obtains access. 40 C. Where two or more residences obtain access by means of a private lane, the addresses 41 of all such residences shall be conspicuously posted on a secure and durable sign post 42 visible from the public road or street where the private lane originates and the address for 43 each individual residence shall be posted in similar manner at the point at which the 44 driveway or other access to the residence originates upon the private lane or on the 45 residence if the address is clearly visible from the lane. 46 47 20.42.030 Address number — placement required. 48 49 If the owner of any residence fails, refuses or neglects to place the numbers described in this 50 chapter, or to replace them when necessary, the Building Official may cause a notice to be 51 personally served on such owner, or upon any person residing in the residence or may serve 52 the notice by registered mail addressed to the owner or resident at his last known address, 12 of 13 Draft May 10, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ordering him to place or replace the number. Such owner or resident shall comply with such notice within 10 days from the date of service. 20.42.040 Violation — penalty. Violations of this chapter shall be subject to the notice of violation enforcement procedures and penalties set forth in chapter 1.15 MMC. Section 12. 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 13. Effective Date. This ordinance shall take effect July 1, 2010. PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2010 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2010. Approved as to form: Steve Victor, City Attorney Bret Jordan, Mayor Attest: Rachel Baker, City Clerk 13 of 13 ITEM OB-4 MEDINA CITY COUNCIL MEETING AGENDA BILL Subject/Title: AUTHORIZATION FOR TRANSPORTATION CONSULTANT DESIGN SERVICES FOR NE 12 STREET/LAKE WASHINGTON BLVD. TRAFFIC SAFETY IMPROVEMENT CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: JOE WILLIS BACKGROUND/SUMMARY: In March of 2009, the Council authorized Transpo Group to study the NE 12t" Street and 84t" Ave NE arterial corridor to provide recommendations for traffic calming and traffic safety related to speeding, cut through traffic, private property driveway access, and pedestrian safety, and to work with our adjoining cities on potential solutions. Following a meeting with Clyde Hill and City of Bellevue representatives, an open house attended by many of the residents along the corridor, and subsequent discussions with the City Council, the project was divided into two phases. The first phase was included in the 2010 Capital Projects Fund and incorporated into the 2010-2015 Six -Year capital Improvement Plan. Phase I will focus on the installation of a gateway treatment at 88t" Ave NE with a landscaped median, an enhanced crosswalk with entry signage and pedestrian activated lights, and roadway restriping to create a center turn lane along Lake Washington Blvd. Phase II if approved will include an enhanced crosswalk at 86t" Ave NE, enhanced crosswalk signage with pedestrian activated lights, medians along the Lake Washington Blvd. corridor and at the west end of the bicycle lane on NE 12th Street, a widened sidewalk around the utility pole at the west end of the bicycle lane, and completion of the sidewalk on the north side of the street at 86t" Ave NE. The Phase I construction estimate is $ 91,400 and Phase II is estimated to cost $ 179,000. Authorization of the design for the project will allow the consultant to complete the project plans, specifications, and contract documents for contractor bids and construction this year. The estimated consultant fee is $ 14,000. Attachment: Recommended Corridor Design Concept BUDGET/FISCAL IMPACT: $14,000 ESTIMATED CONSULTANT FEE TO BE DERIVED FROM THE STREET FUND PROFESSIONAL SERVICES ITEM IN THE BUDGET #101-542-30-41-00 STAFF RECOMMENDATION: Authorize Transpo Group to design Phase I of the project as an added scope of work under the existing consultant cpntract to be managed by the Public Works Director. CITY MANAGER PROPOSED COUNCIL MOTION: "I move to authorize Transpo Group to design Phase I of the NE 12 Street/Lake Washington Blvd. Traffic Safety Improvement Project as an added scope of work to the existing Transportation Consultant contract and authorize the Public Works Director to manage the project. " MEDINA CITY COUNCIL MEETING AGENDA BILL SUBJECT/TITLE: DRAFT OF 2011- 2016 SIX YEAR CAPITAL IMPROVEMENT PLAN AND TRANSPORTATION IMPROVEMENT PLAN CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing x City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: JOE WILLIS SR BACKGROUND/SUMMARY: State law requires all municipalities to prepare and submit their planned six year transportation improvement plans to the State Department of Transportation by July of each year and in addition, to qualify for grant funding, each project for which funding is requested must appear on the adopted City TIP. The attached draft plan merges the CIP and TIP into one document for overall fiscal planning. DISCUSSION: The Proposed CIP/TIP Plan for years 2011 through 2016 was derived from public street and right-of-way improvement condition assessments, storm drainage deficiencies, public facility evaluations, and incorporates planned programmed improvements such as Phase II of the security camera program. The attached 2011 — 2016 CIP/TIP worksheet lists the projects for consideration. The proposed annual expenditure for the Plan was reduced from prior years that were programmed at $ 638,000 to an annual amount of $ 515,00 for year 2011 through 2013 based on present projected $ 65,000 Motor Fuel Tax and $ 450,000 REET tax revenues. Attachments: Public Works Project Summary Draft 2011 - 2016 CIP/TIP Plan BUDGET/FISCAL IMPACT: $ 515,000 TO $ 555,000 ANNUAL COST STAFF RECOMMENDATION: Consider the Projects and Provide Comment for Revision Prior to Public Hearing Scheduled for July 12, 2010, CITY MANAGER REVIEW: PROPOSED COUNCIL MOTION: Move to approve scheduling a June 14, 2010 public hearing for adoption the 2011 - 2016 six -year capital improvement plan and transportation improvement plan. x 4 F- W O 7 V I- LL W xx N r lL W LL WI- la N LL W (a LL W (0 w W `LU o W F- F- F- W o W O O O O `O >> W O W d U W W O S� U O U W W W W O U W W („) W W W W m pC a c CC o c o c¢ w Q c w p m OC O C O (a ((j CO O f0 l[) m O 0 'J m O to m O (6 lA m m m O O 0 O O O O O O O O 00 O O O O O O O O O O O O O O O 00 O O O O r r V W 7 0 m m a is m `a O i» O in n » r (n ca n .» N 00 O 6-1 a a Wo .0zc '$ W p N '> >z 2 °w a chi LU d N m � c N N d OE C a0 E o o o _o o_ o o_ E`o o o F- N O O W N c n. 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The recommendations were presented and discussed with the architect design team of Group Mackenzie on March 24tn, and were incorporated into to the 75% complete plans that were delivered to the City for review on April 271n The Council Facilities Committee and City Staff reviewed the 75% completed plans on April 271h and 281h and provided comments to the City Manager and the Public Works Director. The review comments were presented and discussed with the architects on April 29th for incorporation into the 95% complete plans together with the project specifications and contract documents. The 95% complete documents will be reviewed by the Council Facilities Committee, City Manager, City Attorney and the Public Works Director for final edits and revisions just prior to the issuance of the documents for solicitation of bids. The project schedule is: ➢ Council to authorize the Call for Bids on May 10th ➢ Architects complete the 95% plans by May 21st ➢ Final Review 95% plans and contract documents by May 281h ➢ Issue final plans and contract documents by June 2"d ➢ Open Bids on June 301h ➢ Council award the contract on July 12th ➢ Begin construction on August 16th ➢ Construction completed by April 16tn, 2011 The architectural design fee for the entire project is a Not to Exceed fee of $ 183,145. The added consultant design cost for audio-visual, data -telecommunications, building security, and computer systems is $ 12,500. The overall budget for the project is $ 1,580,000. ATTACHMENTS: Medina City Hall Project Schedule BUDGET/FISCAL IMPACT: None at this time STAFF RECOMMENDATION: Authorize the Call for Bids CITY MANAGER REVIEW: W PROPOSED COUNCIL MOTION: "I move that a Call for Bids for the City Hail Expansion and Renovation Project be approved and advertised." a s � I N y: Z- Q; o � N j v♦ � Vf � ♦ CC O � � m ♦ f o a 0 O b E 0 0 LL. LL R W as m v g .4 a 3 y ai EEq E c 8 P o E r10 m m m F+ c o . rn �' n J' g 09 ° m n OU .2 p v .4� .Q o € 4 ¢_ o, < 8 Z rn z E U Z c'.Z `�'U m m i` v K gg zip E E , E 2 c 0 n a T° D 9� m U fQ RI N O;� N M V N tp n of Q• O_ I N �° �' aD O��O N N V Ic a o MEDINA CITY COUNCIL MEETING AGENDA BILL DRAFT ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, Subject(Title: ESTABLISHING PROCEDURES FOR THE DISPOSAL OF SURPLUS PERSONAL PROPERTY OF THE CITY OF MEDINA. CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other - Discussion STAFF REPORT BY: Rachel Baker BACKGROUND/SUMMARY: The attached draft ordinance updates Medina Municipal Code, Chapter 2.60 to: 1. Increase the value threshold for the sale of unneeded property owned by the city. 2. Add language to allow for the use of a commercial auction service. 3. Delete unnecessary section related to trade-ins. 4. Delete section related to the city conducting auctions itself. Attachment: Draft Ordinance BUDGET/FISCAL IMPACT: None STAFF RECOMMENDATION: Approve Ordinance CITY MANAGER REVIEW: b4_11 PROPOSED COUNCIL MOTION: Move to approve ordinance of the city of Medina, Washington, establishing procedures for the disposal of surplus personal property of the city of Medina. ITEM OB-7 CITY OF MEDINA ORDINANCE NO. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, ESTABLISHING PROCEDURES FOR THE DISPOSAL OF SURPLUS PERSONAL PROPERTY OF THE CITY OF MEDINA. THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS: Section 1. 2.60.010 Sale of Unneeded Property Owned by the City. The city manager may authorize department heads directors to sell property owned by the city and which is in the custody of their departments when they have declared in writing to the city manager that the property is no longer of public use to the city, or that the sale thereof would be in the best interest of the city, provided that the city council must approve any declaration of surplus property with a value in excess of $300.00 1 000. .. Mr 0101 117 2.60.030. Sale at Public Auction. All sales of city property, except items sold to another governmental agency, shall be sold at public auction. The city manager may determine whether such auction shall be by sealed bid, or by public or Internet auction, and may establish administrative rules for the conduct of such auctions. 2.60.040. Commercial Auction Services. In addition to auctions conducted by the city, the city manager is authorized to contract with commercial auction services for the disposition of surplus city Property on any commercially reasonable terms. 1 of 2 ITEM OB-7 2.60.050. Intergovernmental Sale. The city manager may dispose of city property to another governmental agency, and may acquire property from another governmental agency by means of private negotiations, upon such terms as may be agreed upon, and for such consideration as may be deemed by the city manager to be appropriate. 2.60.060. Reiection of Bids, Bid Deposits. The city shall have the right to reject all bids received, whether by sealed bids or at public auction. When sealed bids are called for, the city shall have the right to require bid deposits. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 2. 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 3. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS _ DAY OF MAY, 2010 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE _ DAY OF MAY, 2010. Approved as to form: Steve Victor, City Attorney Passed: Published: Eff Date: Mayor Bret Jordan Attest: Rachel Baker, City Clerk 2of2 00 1AofuFb% ITEM OB-8 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6.30 pm, unless noticed otherwise JANUARY 5 (Urmtntatlon at 4:00 pm) Item Types Topk Presenter Council Action Discussion Public Official's Do's and Don'ts Lew Leigh, WCIA None. Steve victor, city Discussion Top Five Things New Council Members Should Know Attorney None. )ANUARY 11 ttern Type Topic Presenter Council Action' aster Program Consent Agenda Participation Plan Grumbach Approved Consent Agenda City Hall Schematic Plans Willis Approved Approval of Public Works Truck Snow Removal Equipment Consent Agenda Purchase Willis Approved Other Business Oath of Office to Newly Elected Council Members Baker None. _ Mayor -Bret Jordan, Deputy Mayor - Other Business Election of 2010-2011 Mayor and Deputy Mayor Mayor Shawn Whitney Retreat scheduled 2/3, Study Other Business 2010 Council Retreat and Meeting Schedule Hanson sessions scheduled as needed Other Business Draft 2010 Legislative Agenda Hanson Amended, approved^ Facilities: Boyd, Jordan, Nelson; Finance: Jordan, Lee, Whitney; Other Business 2010 Council Committees Mayor Personnel: Dicharry, Jordan, Phelps Other Business Wireless Communication Coverage Grumbach None. Other Business Draft Code Enforcement Ordinance Grumbach Public hearing scheduled 2/8 ETP: Dicharry, Nelson; WSDOT SR520: Dicharry, Nelson; PSRC: Whitney; Sound Transit: Jordan; SCA: Whitney; Points Mayors: Jordan; Discussion Regional Committees/Council Member Attendance Mayor Bellevue City Council: Lee Discussion Review and Update City Council Rules and Guideline< Hanson/Baker None. Discussion Develop and Communicate Expectations of City Manager Hanson None. Establishing Best Practices in Council -Manager Form of w Discussion Government Lee None. Council agenda calendar subject to change. Action record unofficial until adoption of meeting minutes. Council agenda packets and minutes can be found at http://medinafileprosite.com. \�A of efo% ITEM OB-$ MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise BRUARY 8 m Type 70pic Presenter Council Action: Presentation SR 520 Bridge Replacement and HOV Project Supplemental DEIS WSDOT None. Consent Public Works Vehicle Purchase Willis Approved Consent Schedule Public Hearing for Temporary City Government Facilities Grumbach Public hearing scheduled_3/8 Consent Confirmation of Planning Commission Appointment Recommendation Mayor _ _ _ Appointment confirmed Public Hearing Proposed Code Enforcement Ordinance Grumbach None.__ Other Business Proposed Code Enforcement Ordinance Grumbach Discussion, action tabled to 3/8 Other Business Proposed 2010 Planning Commission Work Plan Grumbach Amended, approved Other Business Options for Temporary City Hall Willis Discussion, action tabled to 3/8 Other Business Follow Up: Wireless Communication Coverage Grumbach Discussion, action tabled to 3/8 Other Business Part 150 Noise Study Representation Hanson y Consultant contract approved Other Business Schedule Study Session for Review of Council Goals, Ground Rules & Guidelines Hanson Scheduled 3/22 study session MARCH 8 Item Type Topic Presenter CoundI Action Consent Agenda Acceptance of Development Services Software Upgrade Grumbach Accepted Consent Agenda Approval of Proposed Code Enforcement Ordinance w Grumbach _ Ordinance No. 8.48 approved. y Hanson / A. Consent Agenda ARCH Budget & Work Plan Sullivan Approved. Code Amendment Regarding Temporary Government _'__..� _.. Public Hearing Facilities Grumbach None, Proposed Ordinance Regarding Temporary Government Other Business Facilities Grumbach Ordinance failed. Direction to execute 'option C" with smallest possible footprint (installation of two portable office trailers in Medina Park) and public meetings to be held at St. Thomas Other Business Temporary City Hall Location Options Willis School. Approved subject to Group recommendations from facilities City Hall Design Development Plans For City Hall Expansion MacKenzie committee and department Other Business and Renovation Project Architects directors. Authorized city manager to negotiate lease agreement and bring back to the city council for Other Business Approval of Lease for SR 520 Wireless Facilities Grumbach consideration. Other Business Proposed 2010 Park Board Work Plan _ Willis Accepted. _ Ordinance Repealing and Reenacting MMC Chapter 2.84 �_-� Other Business Regarding Emergency Operations Hanson Ordinance No. 849 approved. Authorized city manager to enter into an interlocal agreement to negotiate an extension of the current franchise agreement with Other Business Interlocal Agreement for Comcast Franchise Negotiations Hanson Comcast Cable. Council agenda calendar subject to change. Action record unofficial until adoption of meeting minutes. Council agenda packets and minutes can be found at http.-Ilmedina.fileprosite.com. ITEM OB-8 9 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise MARCH 22 (Study Session at 6:00 pm) Rem Type Topie Presenter Council Action Other Business Briefing Amending chapter 15.04 MMC to adopt 2009 Grumbach Washington State Building Codes. Wilcox None. Staff summary only. Direction to staff to vet St. Thomas Other Business Medina Park Temporary City Hall Options Willis Church parking lot option further. Review Council's Strategic Goals, Ground Rules, and Direction for city attorney to review Guidelines Document and provide revised copy at later Other Business Baker/Hanson date. _ Other Business Wireless Communications Consultant Victor/Hanson None. Consultant introduction. APRIL 12 Item Type Topic . Presenter Council Action (Sarah Moberly Presentation Prosecuting Attorney _ & Lynn Roberts) None. Consultant recommendation Other Business Wireless Facilities Update Grumbach expected 5/10. Guidance provided and planning commission recommendation Other Business Discussion Regarding Pitched Roof Incentives Grumbach expected by December.- _ Proposed Ordinance Regarding Placement of Temporary _ Other Business Government Facilities Grumbach Ordinance No. 850 adopted. Authorized city manager to negotiate & sign lease agreements with St. Thomas Church for site and portable office trailers for temporary Other Business Temporary City Hall Willis _city hall, not to exceed total $70,400. Guidance provided to advertise and Other Business Shoreline Master Program Update - Advisory Committee Grumbach recruit for committee. onsetto acUr!sstry fc, stranient moorage and improper mitigation Proposed Meydenbauer Bay Park and Land Use concerns to Bellevue City Council via Other Business Masterplan. Mayor letter. MAY 10 Item TWO TDDiC 'Presenter Council Actin Consent Agenda Approval of King County Jail Services Contract Chen Other Business Appointment to City Council Position 2 Victor Other Business Election of Deputy Mayor Mayor Other Business Appointment to Finance Committee Other Business Wireless Facilities Consultant Recommendation Hanson Other Business Proposed Ordinance Amending chapter 15.04 MMC Grumbach/ adopting 2009 Washington State Building Codes Wilcox Authorization for Consultant Design Services for NE 12 & Other Business Lk Wash Blvd Traffic Safety Improvements Willis Other Business Draft Six -Year CIP/TIP (2011-2016) Willis Other Business Authorize Call to Bids: City Hall Renovation Project Willis Other Business Draft Surplus Equipment Ordinance Hanson Other Business Surplus Equipment Authorization Resolution Hanson Council agenda calendar subject to change. Action record unofficial until adoption of meeting minutes. Council agenda packets and minutes can be found at http://medina.fileprosite.com. 00 of MFo7z ITEM OB-8 `�,t 9 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise JUNE 14 fternIffle Topic Presenter, Council Action Public Hearing Hearing to amend chapter 15.04 MMC adopting 2009 Grumbach/ Washington State Building Codes Wilcox Action amending chapter 15.04 MMC adopting 2009 Grumbach/ Other Business Washington State Building Codes Wilcox Public Hearing Six Year CIP/TIP (2011-2016) Willis Other Business Contract Approval: Modular Office Trailers Willis Other Business Lease Agreement Approval: Temporary City Hall Site Willis Other Business Set public hearing dates for three land use ordinances Grumbach Other Business Planning Commission Appointments, Positions 3 & 7 Mayor�� Public Hearing Public Hearing Six Year CIP/TIP (2011-2016) Land Division and Lot Line Adjustment Ordinance Willis Grumbach Public Hearing Project Permit Procedures Ordinance Grumbach Public Hearing Fee Ordinance Grumbach" Other Business Approval of Six -year CIP/TIP Willis - _ _- Other Business Land Division and Lot Line Adjustment Ordinance Grumbach Other Business Project Permit Procedures Ordinance Grumbach- Other Business Fee Ordinance Grumbach Other Business Bid Award: City Hall Renovation Project Willis rem Type fopfc Presenter Council Action Other Business _ _ 2010 Budget Review and 2011 Budget Direction Hanson Other Business _ Standards for Guardrails, Streets and Sidewalks Willis AUGUST 4 Item bTe Topic Presenter Council Action Other Business Proposed Traffic Code Ordinance Update Chen Other Business Preliminary 2011 Annual Budget Hanson OCTOBER 11 Item Type Topic Presenter Council Action Public Hearing Preliminary 2011 Annual Budget Hanson OCTOBER 25 Item T e Topic Presenter Council Action Other Business Tentative 2011 Budget Study Session Hanson Council agenda calendar subject to change. Action record unofficial until adoption of meeting minutes. Council agenda packets and minutes can be found at http://medinafileprosite.com. ,A of MEo�y9 ITEM OB-8 MEDINA CITY COUNCIL 2010 AGENDA/ACTION CALENDAR All meetings held in the council chambers at 6:30 pm, unless noticed otherwise NOVEMBER 8 Item 1 pe ialrc -- Presenter Council Action 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 NOVEMBER 22 Iternim TO IC Presenter Council Action Other Business Tentative 2011 Budget Study Session Hanson DECEMBER 13 Item T e 1 cip1C Presenter Council Action' Proposed Zoning Code Amendment (Formerly Pitched Other Business Roof Incentives) Grumbach Council agenda calendar subject to change. Action record unofficial until adoption of meeting minutes. Council agenda packets and minutes can be found at http://medinafileprosite.com.