HomeMy WebLinkAbout01-11-2011 - Agenda PacketMEDINA, WASHINGTON
MEDINA CITY COUNCIL
SPECIAL MEETING AGENDA
St. Thomas School, Commons Room
8300 NE 12 St, Medina
TUESDAY, JANUARY 11, 2011
6:30 PM
MAYOR
CITY MANAGER
BRET JORDAN
DONNA HANSON
DEPUTY MAYOR
CITY ATTORNEY
SHAWN WHITNEY
BRUCE DISEND
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
PRESENTATION
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/Committees
RA-4: City Manager/Staff
Medina City Hall / 8398 Northeast 12 Street / Medina WA 98039
425-233-6400 / www.medina-wa.gov
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
CA-1: Approval of December 13, 2010 City Council Regular Meeting Minutes
CA-2: Approval of December, 2010 Check Register
CA-3: Ordinance Adopting 2011 Energy Code
CA-4: Call for Bids: Northeast 12 Street and Lake Washington Boulevard
CA-5: Snohomish County Jail Contract
OTHER BUSINESS
OB-1: Proposed Change Order No. 2, City Hall Expansion and Renovation Project
OB-2: 2011 Council Committee Assignments
OB-3: 2011 Regional Committee Assignments
OB-4: 2011 Planning Commission Work Plan
OB-5: 2011 Draft State Legislative Agenda
OB-6: 2011 Budget Discussion
OB-7: 2011 Council Meeting Schedule and Retreat
OB-8: Council Agenda Calendar
EXECUTIVE SESSION
ES-1: Pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the
agency litigation or potential litigation to which the agency, the governing body, or
a member acting in an official capacity is, or is likely to become, a party.
ES-2: Pursuant to RCW 42.30.110 (1)(g) to review the performance of a public employee.
ADJOURNMENT
Next Regular Meeting - Monday, February 14, 2011; 6:30 pm.
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Visit www.medina-wa.gov and click on E-Notice Program.
Medina City Council January 11, 2011 Page 2 of 2
CITY OF MEDINA
Office of the City Manager
Date January 11, 2011
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: City Manager Report
1. As I have been providing weekly updates to Council this report will be a recap
of some of those items for the packet with the addition of a few new issues.
Also Rachel will begin to put together her own report for Admin. Services. The
emphasis will be on Council priority for public outreach. We are working on a
strategic work plan for this and Rachel's department will drafting that plan and
tracking the outcomes.
2. As previously reported our officers participated in a search warrant with the
King County Sheriff's office in Snohomish County related to one of our
burglaries that occurred in October. A suspect is in custody and will be
charged with burglary in the Medina case. Investigation is continuing in other
burglaries that occurred at the beginning of December. Officers have new
leads and some recovered stolen property. The property owners have been
notified. Officers are working regular schedules and continue to provide
routine patrol.
3. Also previously reported as a follow-up to the 2008 and 2009 audit that took
place in the fall, financial statements have been reformatted and resubmitted to
the State Auditor's Office after they found that we had historically been
reporting incorrectly. This will not be an audit finding only a comment, because
the auditor never caught the error until after we corrected it in 2009. That
completes our responsibilities for the audit and we wait their notification for the
exit interview.
4. Joe has provided a full report on City Hall construction. We met with facilities
committee and Dave Clark to discuss current issues. The contractor is
performing well. The contaminated soil has been removed and we believe the
clean-up cost for that will be approx. $45,000 plus the inspection costs. We are
still going to request reimbursement from our insurance pool. A new water
issue was identified with the retaining wall between the east side of the building
and the parking lot, but solution has been identified. The committee also
discussed a design change requested by the Police Department. The Council
agenda has a change order for those requested design changes.
5. Council will remember that approval was given for a contract with WSDOT to
provide professional services for work in conjunction with WSDOT's "SR 520,
Medina to SR 202, Eastside Transit and HOV Project. We have been working
with the City of Clyde Hill to draft and RFQ and will be soliciting statements of
qualification from individuals or firms with relevant experience. The Towns of
Yarrow Point and Hunts Point may also be interested in contracting with those
responding to this RFQ as well. The Cities will be looking for a consultant to
manage and coordinate their responsibilities relating to the planning, review,
design, construction and reconstruction of WSDOT's facilities as well as to help
coordinate the planning, review, design, construction and reconstruction of any
City facilities that are impacted by this project.
6. Chris Bacha from our City Attorney's office has submitted a list of questions back
to Allied Waste concerning their language proposal and we are waiting to hear
back from their attorney. We are also still waiting for fee information.
CITY OF MEDINA
Office of the City Manager
January 11, 2011
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Rachel Baker, Central Services Director
Subject: Monthly Central Services Department Report
Briefly, central services is responsible for public notices, receiving customers, processing a variety
of City business on behalf of the department and in cooperation with other City departments,
safekeeping of City records, responding to requests for public records, maintaining information
systems infrastructure, and administering human resources responsibilities in tandem with the
city manager and finance departments.
The information provided below is a summary of work being performed by the department. The
goal is to provide a monthly update to council; however this first report provides some
information which is a compilation of 2010 figures.
Public Records Requests
Approximately 150 public records requests were received during 2010, with 20 being submitted
during the month of December. Due to the nature of the records requested and the time required
of staff to locate, gather, and prepare records for disclosure a number of the response dates were
extended into 2011.
Passports
Approximately 327 passport applications were processed in 2010.
January Public Meetings
The following public meetings occurring during the month of January were noticed. Public notice
includes postings on the City's three official notice boards, the City website, and an email to
Govdelivery subscribers. Occasionally notices require publication in the City's official newspaper,
The Seattle Times.
• American Tower Corporation DAS Open House, Wednesday, January 5, 6:30 pm
• City Council, Tuesday, January 11, 6:00 pm, St. Thomas School Commons Room
• Park Board, Tuesday, January 18, 6:00 pm, St. Thomas Church Music Room
• Planning Commission, Tuesday, January 25, 6:30 pm, St. Thomas Church Music Room
• Emergency Committee, Wednesday, January 19, 7:00 pm, St. Thomas Church Music Room
• Shoreline Citizen Advisory Committee, Tuesday, January 12, 5:30 pm, St. Thomas Church Chapel
Volunteer Positions on Advisory Boards/Commissions/Committees
Notice was posted January 6 to recruit for full term advisory board/commission positions expiring
during 2011. Applications will be accepted until Monday, February 28. Incumbents have been
notified and encouraged to reapply. Legal notice was published in The Seattle Times on Monday,
January 10. Expiring full term vacancies include:
Park Board Positions 2 and 5 (terms 7/1/2011 through 6/30/2015)
Planning Commission Positions 2 and 4 (terms 7/1/2011 through 6/30/2015)
Civil Service Commission Position 1(term 7/1/2011 through 6/30/2017).
Electronic Notices
Since the December council meeting the following 21 notices were issued via GovDelivery:
Advisory committee/commission position vacancies, public meetings (7), development notices (3),
Hearing Examiner Services RFQ, holiday operating hours (2), shoreline master plan update, police
chief resignation, December 13 council meeting audio, updated 2010 council action calendar,
ordinances adopted by council December 13, January 11 council agenda packet, approved
November council meeting minutes
The service provider is performing a site audit of subscription items to ensure the city is most
effectively using this tool and staff is in the process of investigating marketing tools to bolster
subscriptions.
City staff has been provided with the subscription service logo in order to include it on electronic
signatures and on public documents. Instructions to edit and insert the link into council member
email signatures is in process.
City Website
In addition to initiating information to the public via Govdelivery, it is also posted to the City
website either on the home site or in FilePro, the City's online records repository. Recently all
pages were loaded with a link for users to subscribe to the electronic delivery service. Previously
the link was only offered on the home page. The City website was recently implemented with
Google Analytics to gather visitor information and usage statistics in an effort to measure and
improve performance and effectiveness. Additional efforts to improve website offerings are
planned for 2011.
Human Resources
Open enrollment for the 2011 benefit year concluded late last month. Information and education
was provided to staff in order to participate in the annual process and changes have been
furnished to benefits administrators.
CITY OF MEDINA
Office of the City Manager
January 11, 2011
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:
No meeting in December.
Hearing Examiner Decisions:
• A public hearing was held December 29, 2010, for a substantial development
permit (File No. SDP 2010-04) to repair an existing pier and pilings, including
the replacement of the existing wood deck with fully grated pier surface and
repair of up to 14 existing timber pilings using the pile splice method. Work also
includes the installation of two Jet Ski lifts and a fully grated platform boat lift.
The property is located at 1605 73rd Avenue N.E. The applicant is Kawish LLC.
The hearing examiner approved the application the first week of January
subject to conditions.
Land Use Administrative Decisions:
None
Land Use Decisions Issued For 2010:
Type of Decision
2011 YTD
Variances/ Minor Deviations
0
SEPA
0
Conditional Uses/ Special Uses
0
Substantial Development Permit
0
Lot Line Adjustments
0
Short Subdivisions
0
Site Plan Reviews
0
Wireless Facilities
0
Land Use Applications Received in December:
Case Number Description of Permit Location
SUP 269 Amend Administrative Special Use 414 Upland Road
Permit to install a larger swimming
pool.
Building/ ROW Permit Applications Received — Dec 1 through Dec 31, 2010:
Building Permits:
4
Grading/ Drainage
1
Demolition Permits:
1
Fence:
0
Mechanical:
7
Reroof:
1
Fire Sprinkler:
2
Right-of-way Permits
9
7ttl ;
2S
Building Permits Issued in November 2010: See Attached.
Other Items of Interest:
• Request for Proposal: The City issued a request for proposals from qualified
persons or firms for the purpose of selecting a hearing examiner experienced in
the areas of land use law, real property law, city planning and development,
and code enforcement. This is a continuation of the City's efforts to regularly
review contracts with our consultants. Proposals are due by January 31 st with
interviews planned during February and March (interviewing will include
observation of finalists conducting hearings).
Shoreline Master Program Update: The Shoreline Citizen Advisory Committee
begins meeting on January 12 to help update the Medina Shoreline Master
Program. The first meeting will focus on shoreline goals and policies. As
phases of the work are completed by the committee, the work will be forwarded
to the Planning Commission for their consideration. Eventually, a Draft
Shoreline Master Program will be forwarded to the City Council for
consideration and action. Information about the shoreline master program
updates are being made available on the City's website under City
Departments/Development Services/Shoreline Master Program Update.
State Environmental Policy Act Legislation: The State Environmental Policy Act
was adopted 40 years ago. Since 1971, state and local jurisdictions have
adopted a broad array of legislation that has substantially strengthened
protections for the natural and built environment. These include the Growth
Management, Shoreline Management, NPDES permits, Critical Areas, Impact
Fees, Air Quality regulations, and many others. The vast majority of new
development and redevelopment in jurisdictions planning under the Growth
Management Act no longer need SEPA to ensure high -quality environmental
outcomes because the SEPA process has been supplemented with actual
2
regulations. Conducting a SEPA review for such development adds un-needed
process, cost and delay.
King County Planning Directors have been working with other organizations to
develop legislation amending the State Environmental Policy Act (SEPA). The
purpose is to reduce the number of projects triggering SEPA review. The
proposed legislation would raise SEPA threshold exemption levels, but allow
local jurisdictions to opt back to lower exemption levels.
Wireless communication towers at Fairweather: Progress on selecting a
Lessee to construct a wireless communication tower at Fairweather Preserve
has been slowed by priority work on the shoreline master program. However,
the City, working with the wireless consultant, is moving forward on selecting a
lessee and anticipates negotiations shortly.
3
Permit Report
November, 2010
2010
2009
Current
Current
2010
2009
Month
Month
YTD
YTD
Difference
Construction Value
New Construction
0
0
7,006,283
8,581,474
($1,575,191)
Permit Renewals
0
0
35,303,660
9,751,923
$25,551,737
Addition / Alteration
20,000
0
2,669,938
3,672,085
($1,002,147)
Accessory Structure
78,500
10,000
1,097,023
426,460
$670,563
Repair / Replace
0
0
177,220
113,960
$63,260
Fence/Wall
0
87,840
170,900
1,115,689
($944,789)
Mechanical
N/A
N/A
N/A
N/A
N/A
Fire Sprinkler
0
0
110,501
292,981
($182,480)
Wireless Comm Facility
0
0
0
10,000
($10,000)
TOTAL VALUE
1 98,500
97,840
46,535,525
23,964,572
1 22,570,953
Permits Issued
New Construction
0
0
5
5
0
Permit Renewals
0
0
13
8
5
Addition / Alteration
1
0
15
19
(4)
Accessory Structure
2
1
23
16
7
Fence/Wall
0
2
11
18
(7)
Demolition
0
0
6
14
(8)
Grading/Drainage
0
0
20
12
8
Tree Mitigation
0
2
16
12
4
Mechanical
8
3
64
47
17
Fire Sprinkler
0
0
9
7
2
Reroof
1
0
2
4
(2)
Repair / Replace
0
0
3
5
(2)
Right -of -Way Use
5
4
55
52
3
Construction Mitigation
0
0
15
13
2
Wireless Comm Facility
0
0
0
1
1
TOTAL PERMITS 1
17 1
12
257
233 1
24
Inspections
Building
33
34
396
447
(51)
Construction Mitigation
4
0
31
20
11
Grading/Drainage
11
10
101
160
(59)
Tree Mitigation
3
5
60
72
(12)
Right -of -Way
40
3
1
198
211
13
TOTAL INSPECTIONS 1
91 1
52
786 1
910 1
(124)
MEDINA POLICE DEPARTMENT
MONTHLY SUMMARY
DECEMBER, 2010
Police Chief Jeffrey Chen
FELONY CRIMES
Burglary 2010-0004329 12/09/10
100 block of Overlake Drive E
E-lert #10-29
On December 90'between 8:OOAM and 7:OOPM, a burglary occurred in the 100 block of
Overlake Drive East, while the resident was away for the day. Entry was made by
breaking a small window next to the front door. Once inside the suspects removed
electronics and DVDs. The estimated value of items stolen is approximately $1,000.
Medina Police have processed the scene thoroughly in an attempt to identify the
suspect(s) and will continue to investigate this incident. In response to this and other
recent incidents Medina Police will be increasing patrols throughout the Holiday season.
Fraud (ID Theft) 2010-0004350 12/11/10
3200 block of 78`h PI NE
Victim notified Medina Police of some fraudulent activity using personal information by
person(s) unknown to create a business account. There was no monetary loss and the
incident will be reported to the credit bureaus.
Burglary 2010-0004358 12/12/10
2800 block of Evergreen Point Rd
E-lert #10-30
On December 12t' between 1:15PM and 2:15PM, a burglary occurred in the 2800 block
of Evergreen Point Road, when the resident briefly left. Entry was made through an open
bathroom window. Once inside the suspects removed a laptop computer and a video
game console. The estimated value of items stolen is approximately $1,600. Medina
Police have processed the scene thoroughly in an attempt to identify the suspect(s) and
will continue to investigate this incident.
MISDEMEANOR CRIMES
Theft 2010-0004249
7700 block of Overlake Dr W
12/04/10
Victim reported a package had been delivered and was taken off their front doorstep.
Value of the item was $85.
OTHER
Suicide (Attempt) 2010-0004500
8300 block of NE 12'h St
12/26/10
Medina officers found subject unconscious in the vehicle. Medical aid was called and
transported subject to a nearby hospital for further treatment.
HUNTS POINT
MONTHLY SUMMARY
DECEMBER, 2010
FELONY CRIMES
Fraud (ID Theft) 2010-0004431 12/16/2010
3600 Block of Hunts Point Rd
Victim reported person(s) unknown withdrew funds from her account at ATM's in
Issaquah and Seattle using her personal information. The account has been closed.
MISDEMEANOR CRIMES
No significant misdemeanor incidents occurred during the month of December, 2010.
()'I`HER
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2010
Felony Crimes
December
YTD YTD
Year End
2010
2010 2009
2009
Assault, Aggravated
0
1 0
0
Robbery
0
0 0
0
Sexual Assault/Rape
0
0 0
0
Burglary (inc Attempt)
2
9 11
11
Drug Violations
0
1 0
0
Fraud (ID Theft)
1
23 14
14
Vehicle Prowl
0
6 7
7
Theft (over $250)
0
7 9
9
Malicious Mischief
0
3 6
6
Arson
0
0 0
0
Auto Theft (inc Recovery)
0
1 4
4
Poss Stolen Property
0
1 2
2
Other
0
0 0
0
TOTAL
3
52 53
53
Misdeameanor
December
YTD
YTD
Year End
Crimes
2010
2010
2009
2009
Assault, Simple
0
2
2
2
Malicious Mischief
0
7
5
5
Vehicle Prowl
0
2
15
15
Theft (Under $250)
1
6
5
5
Domestic Violence
0
0
4
4
Minor in Possession
0
4
5
5
Drug Violations
0
7
10
10
Poss Stolen Property
0
0
1
1
Total
1
28
47
47
Page 1
MEDINA POLICE DEPARTMENT
if 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
0
0
0
0
1
0
0
1
Robbery
0
0
0
0
0
0
0
0
0
0
0
0
0
Sexual Assault/Rape
0
0
0
0
0
0
0
0
0
0
0
0
0
Burglary (inc Attempt)
0
0
0
0
0
0
1
2
1
1
2
2
9
Drug Violations
0
0
0
0
0
0
0
1
0
0
0
0
1
Fraud (ID Theft)
1
2
1
0
1
4
1
5
3
2
2
1
23
Vehicle Prowl
0
0
1
0
1
0
1
1
0
1
1
0
6
Theft (over $250)
1
1
0
0
1
0
2
0
2
0
0
0
7
Malicious Mischief
0
0
0
0
1
0
0
0
1
1
0
0
3
Arson
0
0
0
0
0
0
0
0
0
0
0
0
0
Auto/Boat Theft
0
0
0
0
1
0
0
0
0
0
0
0
1
Poss Stolen Property
0
0
0
0
1
0
0
0
0
0
0
0
1
Other
0
0
0
0
0
0
0
0
0
0
0
0
0
TOTAL
2
3
2
0
6
4
5
9
7
6
5
3
52
Misdeameanor
Crimes
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Oct
Nov
Dec
Total'
Assault, Simple
0
0
0
0
0
0
1
0
1
0
0
0
2
Malicious Mischief
0
0
0
0
0
3
1
2
0
1
0
0
7
Vehicle Prowl
0
0
0
0
1
1
0
0
0
0
0
0
2
Theft (Under $250)
0
1
1
0
0
0
0
0
2
0
1
1
6
Domestic Violence
0
0
0
0
0
0
0
0
0
0
0
0
0
Minor in Possession
0
1
0
1
0
0
2
0
0
0
0
0
4
Drug Violations
3
1
0
1
0
0
1
0
0
0
1
0
7
Poss Stolen Property
0
0
0
0
0
0
0
0
0
0
0
0
0
Total
47
3
1
2
1
4
5
2
3
1
2<
1
28
Page 2
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2010
Traffic
December
YTD
YTD
Year End
ACCIDENTS
2010
2010
2009
2009
Injury
0
0
0
0
Non -Injury
2
15
11
11
TOTAL
2
15
11
11'
Traffic
December
' ' YTD
YTD
Year End
CITATIONS
2010
2010
2009
2009
Driving Under Influence
4
35
68
68
*Other
7
88
163
163
Total
11
123
231
231
Traffic
December
YTD
YTD
Year End
INFRACTIONS
2010
2010
2009
2009
Speeding
17
331
136
136
Parking
11
102
83
83
**Other
11
218
274
274
Total
39
651
493
493
December
YTD
YTD
Year End'
WARNINGS
2010
2010
2009
2009
Total
70
1012
872
872
December
YTD
YTD
Year End
CALLS FOR SERVICE
2010
2010
2009
2009
House Watch
44
334
420
420
False Alarms
34
375
361
361
Assists
23
293
342
342
Suspicious Circumstances
9
137
159
159
Property-Found/Lost
1
17
9
9
Animal Complaints
0
40
41
41
Missing Person
0
1
2
2
Warrant Arrests
5
47
63
63
***Other
1
14
9
9
Total
117 `
1258
1406
1406
*DWLS; Fail to Transfer Title; No License
**Expired Tabs; No insurance; Fail to stop; Defective Equipment
***Verbal Domestic; Vandalism; Civil Dispute; Disturbance
Page 3
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
City of Medina
2010
Traffic
Accidents Jan
Feb
MarApr
May
Jun
Jul
Aug Sep
Oct
Nov
Dec
Total
Injury 0
0
0 0
0
0
0
0 0
0
0
0
0
Non -Injury 1
1
0 3
3
1
0
1 0
1
2
2
15
TOTAL 1
1
0 3
3
1
0
1 0
1
2`
2
15
Traffic
Citations Jan'
Feb
Mar Apr
May
Jun
Jul
Aug 'Sep
Oct
Nov
Dec
Total
Driving Under Influence 7
3
3 2
3
4
2
1 4
0
2
4
35
Other 14
10
8 12
8
3
5
6 5
2
8
7
88
Total 21
13
11 14
11
7
7
7' " 9
2
10
11
123
Traffic
Infractions
Jan
Feb
Mar ;Apr
May
Jun
Jul
Aug Sep
Oct
Nov
Dec
Total
Speeding
30
31
34 62
55
9
29
17 25
10
12
17
331
Parking
4
16
4 1
5
5
15
9 15
8
9
11
102
Other
15
10
14 58
36
12
18
8 10
7
19
11
218
Total
49
57
52 121
96
26
62
34- 50
25
40
39
651
Warnings
Jan
Feb
Mar Apr
May
Jun
Jul
Aug 'Sep
Oct
Nov
Dec
Total
Total
70
80
90 °109
126
94
86
65 93
70
59
70
1012
Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
House Watch
15
14
31
32
21
35
38
29
30
26
19
44
334
False Alarms
17
22
35
25
40
27
60
29
27
30
29
34
375
Assists
19
20
26
21
31
24
31
30
6
23
39
23
293
Suspicious Circumstance
11
13
13
10
8
16
15
6
10
13
13
9
137
Property-Found/Lost
0
1
0
2
0
0
2
5
3
2
1
1
17
Animal Complaints
3
3
7
3
4
4
3
5
3
3
2
0
40
Missing Person
0
0
0
1
0
0
0
0
0
0
0
0
1
Warrant Arrests
3
8
5
2
5
2
2
5
3
5
2
5
47
Other
2
2
1
2
1
2
2
0
0
1
0
1
14
Total'
70
83
118
'98
110
110
153
109
82
103
105
117`
1258
Page 4
Town of
Hunts Point
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
Town of Hunts Point
2010
Felony Crimes
December
YTD
YTD
Year End
,
2010
2010
2009
2009
Burglary
0
0
0
0
Forgery (Identity Theft)
1
5
0
0
Vehicle Prowl
0
0
1
1
Theft (over $250)
0
1
2
2
Possession Stolen Prop
0
0
0
0
Drug Violation
0
0
0
0
Auto/Boat Theft
0
0
0
0
TOTAL
1
6
3
3
Misdeameanor
Crimes
Assault, Simple
Malicious Mischief
Vehicle Prowl
Theft (Under $250)
Possession Stolen Prop
Domestic Violence
Minor in Possession
Drug Violations
Total
December
YTD
YTD
Year End
2010
2010
2009
2009
0
1
0
0
0
1
1
1
1
1
1
1
0
6
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
4
4
1
10
6
6
Page 5
MEDINA POLICE DEPARTMENT
Town of Jeffrey Chen, Chief of Police
Hunts Point Yearly Activity Report
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
0
0
0
0
0
0
0
0
Forgery (Identity)
0
0
0
1
0
0
0
1
0
0
2
1
5
Vehicle Prowl
0
0
0
0
0
0
0
0
0
0
0
0
0
Theft (over $250)
0
0
0
1
0
0
0
0
0
0
0
0
1
Poss Stolen Prop
0
0
0
0
0
0
0
0
0
0
0
0
0
Drug Violation
0
0
0
0
0
0
0
0
0
0
0
0
0
Auto/Boat Theft
0
0
0
0
0
0
0
0
0
0
0
0
0
TOTAL
0
0
0
2
0
0`'
0
1
0
0
2
1
6-
Misdeameanor
Crimes
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Oct
Nov
Dec
Total
Assault, Simple
0
1
0
0
0
0
0
0
0
0
0
0
1
Malicious Mischief
0
0
0
0
0
0
1
0
0
0
0
0
1
Vehicle Prowl
0
0
0
0
0
0
0
0
0
0
0
1
1
Theft (Under $250)
0
0
0
0
0
0
2
0
0
2
2
0
6
Poss Stolen Prop
0
0
0
0
0
0
0
0
0
0
0
0
0
Domestic Violence
0
0
0
0
0
0
0
0
0
0
0
0
0
Minor in Possession
0
0
0
0
0
0
0
0
0
0
0
0
0
Drug Violations
0
0
0
0
0
0
0
1
0
0
0
0
1
Total
0
1
0
0
0
0
3
1
0
2
2
1
10
Page 6
MEDINA POLICE DEPARTMENT
Town of Jeffrey Chen, Chief of Police
Hunts Point Monthly Activity Report
Hunts Point
2010
Traffic
December
YTD
YTD
Year End
CITATIONS
2010
2010
2009
2009
Driving Under Influence
0
1
11
11
Accidents
1
1
3
3
*Other
5
31
34
34
Total
6
33
48
48
Traffic
December
YTD
YTD
Year End
INFRACTIONS
2010
2010
2009
2009
Speeding
0
6
0
0
Parking
0
13
1
1
**Other
29
264
267
267
Total
29
283
268
268
December.
YTD
YTD
Year End
WARNINGS
2010
2010
2009
2009
Total
17
193
178
178
December
YTD
YTD
Year End
CALLS FOR SERVICE
2010
2010
2009
2009
House Watch
2
23
29
29
False Alarms
2
67
46
46
Assists
3
40
46
46
Suspicious Circumstances
3
17
25
25
Property-Lost/Found
0
1
0
0
Animal Complaints
0
4
3
3
Missing Person
0
0
0
0
Warrant Arrests
0
3
8
8
***Other
0
1
0
0
Total
10
156
157
157
*DWLS; Fail to Transfer Title;No License
**Expired Tabs; No insurance;Fail
to stop;Defective Equipment
***Verbal Domestic; Harassment; Civil
Dispute;Trespass
Page 7
Town of
Hunts Point
Traffic
Citations
Driving Under Influence
Accidents
Other
Total
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
HUNTS POINT
2010
Jan Feb ` Mar ` Apr May Jun Jul Aug Sep Oct Nov Dec Total
0
1
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
1
1
1
2
1
2
6
5
3
5
0
0
1
5
31
1
3
1
2
6
5
3
5
0
0
1
6
33
Traffic
Infractions
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct ;
Nov
Dec
Total
Speeding
1
0
2
0
1
2
0
0
0
0
0
0
6
Parking
0
0
0
2
0
2
2
2
4
1
0
0
13
Other
17
21
23
23
41
17
21
14
27
8
23
29
264
Total
18
21
25
25
42
21
23
16
31
9
23
29
283
Warnings
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
Total
12
15
20
15
22
11
17
11
25
11
17
17
193
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
2
0
4
3
1
1
1
2
23
5
9
2
6
4
7
8
7
6
5
6
2
67
3
3
3
4
4
5
3
5
3
0
4
3
40
1
2
2
1
2
2
0
0
1
1
2
3
17
0
0
0
0
0
0
0
0
0
1
0
0
1
0
0
0
0
0
2
0
1
1
0
0
0
4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
0
1
0
0
0
3
0
0
0
0
1
0
0
0
0
0
0
0
1
12
19
7
12
13
17
16
16
13
8
13
10
156
Page 8
CITY OF MEDINA
Office of the City Manager
January 4, 2011
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Joe Willis Sr., Director of Public Works
Subject: December 2010 Public Works Report
The Director of Public Works and David Clark (Owners Representative) continue to
meet weekly with the Contractor to discuss the progress of the work, items or issues
of concern, anticipated work for that week, and any anticipated impacts to the public.
Council will continue to receive monthly reports from David Clark on the progress of
the work along with a project budget status report.
The most recent development has been the discovery of seepage below the old
parking lot retaining wall that is along the front of City Hall that was constructed in
1960. The structural engineer has looked at the wall and determined that it is sound.
Drainage issues remain to be resolved so that moisture does not penetrate the new
building envelope. The most reasonable option proposed by the contractor is to
construct a new concrete masonry wall with moisture barrier and a new drain
between the retaining wall and the new building wall. The new wall will shrink the
basement floor area in the locker rooms, evidence room, and computer room by
approximately one foot. The estimated cost for this design change is $ 10,000.
Savings to not replace the existing storm drain that is located under the southeast
corner of the building addition at the south end of the site will however provide an
offsetting $10,000 credit to eliminate two new manholes and 75 feet of storm pipe
that were designed to go around the building. The existing pipe will be encased in
concrete where is crosses the new building footings and floor slab.
The work is presently about three weeks behind the projected schedule due to the
removal of the contaminated soils, snowfall, and freezing temperatures, but
demolition work has progressed beyond the original schedule by more than a week.
The revised cost for removal of the contaminated soils is approximately $42,000
(down from the original estimate of $80,000 to $100,000).
2. Since discussion during the adoption of the 2011 Budget on December 13, 2010
included consideration of proposed budget amendments, the City Manager has
requested that the Department Directors review the adopted budget and provide
input for Council consideration. As I review the Public Works Department work plan
for 2011, in addition to annual scheduled streets and parks maintenance, 2011 work
will include:
• An addition for the wireless HUB to the city shop building by ATC that will
require vacating the west two thirds of the shop building, moving equipment
and supplies from the shop area into temporary storage containers, and
moving back into the building following the work (estimated to require 800
hours). This project funded by ATC will save the city over $250,000 as
estimated in the 2011 through 2016 Six -Year Capital Improvement Plan for
years 2013 and 2014 for Public Works Shop Building upgrades and provide
added revenue to the City from the site lease.
• City Hall construction project management is estimated at 150 hours.
• NE 12th Street/Lake Washington Blvd Traffic Safety Improvement Project is
slated for construction in the spring. That along with design development for
corridor improvements along 84th Ave NE from NE 12th to NE 24th Street is
estimated to require 200 hours.
• WSDOT SR 520 design input and project coordination will begin in January
and extend throughout the year on a fast track time schedule (estimated at
400 hours that will be substantially reimbursed by the state under the GCA
Agreements for participation in the project by the city).
• Replacement of the Fairweather practice court backboard is planned for in the
fall (estimated at 120 hours).
• City Hall renovation should be completed by July 4th, so moving of staff into
the new building along with the Public Works records and the Public Works
Director will require an estimated 300 hours.
To accomplish the above work, the annual work plan has been revised as follows:
Park maintenance is projected to be reduced from an annual 4000 hours to 3100
hours (primarily in the park grounds maintenance and pruning). Street maintenance
work plan has been adjusted from annual 2300 hours to 2100 (reduced right-of-way
landscape maintenance and pruning). Building maintenance annual hours were
reduced from 600 hours to 400 hours commensurate with City Hall construction.
Administrative management annual hours are projected to increase from 2200 hours
to 2500. Capital Project annual hours are projected to increase from 1400 hours to
1950 hours.
A reduction in employee work days to save costs by instituting two furlough days per
month (960 annual hours) will severely impact the department's ability to accomplish
the above work while still accomplishing core work that is necessary to maintain our
city parks, streets, and buildings to an acceptable level.
3. Public Works continues to prioritize their work with public safety as the first priority;
which for the past few weeks has focused on snow and ice conditions on our streets.
Other work has included stop and street sign replacements, removal of hazardous
trees, street sweeping, leaf and debris removal, catch basin cleaning, and drainage
system repairs and maintenance.
ITEM CA-1
DRAFT
MEDINA CITY COUNCIL
REGULAR MEETING MINUTES
St. Thomas School, Commons Room
8300 NE 12 Street, Medina
December 13, 2010, 6:30 pm
CALL TO ORDER
Bret Jordan called the December 13, 2010 Regular Meeting of the Medina City
Council to order at 6:32 pm.
Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark
Nelson, Katie Phelps, and Shawn Whitney
City Staff Present: Donna Hanson, City Manager; 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, guests and audience members in the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
Whitney requested Consent Agenda item Contract Addendum for Immobili Consulting
Services be pulled and replaced on agenda as Other Business item eight and Other
Business item eight renumbered to nine.
MOTION NELSON AND SECOND DICAHRRY TO APPROVE MEETING
AGENDA AS MODIFIED AND MOTION CARRIED 7-0 AT 6:34 PM.
PUBLIC COMMENT
Mayor opened public comment period at 6:35 pm. No comments were presented and
the comment period was subsequently closed.
REPORTS AND ANNOUNCEMENTS
There were no reports or announcements presented by the mayor or council. No
representatives were available to present for boards, commissions or committees.
Hanson introduced Medina City Hall construction manager, David Clark. Mr. Clark
provided an update on construction project and addressed structural issues and
remedies, discovery of oil tank leak and corrective action, permit revisions and change
orders, construction budget, and current construction schedule. Mr. Clark conveyed he
met with the facilities committee and upon advice of the committee suggested:
ITEM CA-1
DRAFT
1. Single construction change orders exceeding ten percent of remaining contingency
budget require council approval.
2. Design changes with no time constraints require presentation to council for review
and consideration.
3. Cumulative change orders shall be presented in construction manager's monthly
reports.
4. Emergency change orders which violate above parameters and are needed to
preserve immediate health, safety and welfare are to be executed immediately and
presented to council as soon as possible.
Grumbach introduced Jeffrey Meyers, an attorney representing WCIA, who presented
information regarding pros and cons of the hearing examiner system. Following
presentation outlining liability risks and other considerations, Mr. Meyers recommended
retaining hearing examiner system.
Hanson introduced Chris Bacha, an attorney with Kenyon Disend, who was present to
address matter concerning fixed and low income residents and senior citizen discounts for
city utility tax and briefly summarized report in agenda packet. It was recommended the
city not provide further discounts or rebates as qualified discounts are already offered
through the utilities.
Willis addressed concerns pertaining to maintenance of vegetation in city rights of way,
which by city code requires maintenance responsibilities by the homeowner and assigns
financial penalties for violations. He pointed out report item of the opportunity to utilize
joint grant funds with Clyde Hill to overlay 84 Avenue Northeast and the potential
opportunity to enhance the roadway in 2012.
Phelps thanked public works for lighted tree display in Medina Park.
Allyson Jackson provided an update regarding Part 150 process and said the city has not
received a response to its letter requesting use of an aviation expert. Hanson noted funds
available in budget and authorization in code for projected contract amount allows
approval by city manager should council choose to utilize aviation expert.
Whitney requested council members be provided with Govdelivery logo and link for email
signature blocks and expressed thanks for use of Commons at St. Thomas School for
council meetings.
Lee communicated her intent for staff to initiate new strategies to increase electronic
communication subscription base.
Chen answered questions concerning department report.
Phelps questioned parking on grass in Medina Park, especially on Sundays and
wondered if signage or ticketing should be implemented.
City Council Minutes December 13, 2010
Page 2
ITEM CA-1
DRAFT
CONSENT AGENDA
Dicharry suggested the following correction to motion regarding support for loop ramp
design as preferable traffic enhancement choice on page one of the November 8,
2010 Regular Meeting minutes: vote carried 4-3, and Boyd, Dicharry, Nelson were
opposed
Whitney requested correction to the spelling of the name Babuca in the November 8,
2010 Regular Meeting minutes.
A friendly amendment to accept corrections was accepted by sponsor and seconder
of motion.
MOTION BOYD AND SECOND NELSON TO ADOPT AMENDED CONSENT
AGENDA AND MOTION CARRIED 7-0 AT 7:48 PM.
- Approval of November 8, 2010 City Council Special Meeting Minutes
- Approval of Corrected November 8, 2010 City Council Regular Meeting Minutes
- Approval of November 2010 Check Register
Claim check numbers 50974 through 51072 in the amount of $570,500.49, payroll check numbers
3151 through 3167 in the amount of $214,940.89. There were no voided or canceled AP or payroll
checks
- Interlocal Agreement for Inmate Housing between Yakima County and the City of Medina
- Proposed Ordinance Amendment: Traffic Infractions — MMC, 10.76
- Contract for City Prosecution Services between Lynn Moberly and Sarah Roberts, PLLC and the
City of Medina
- Acceptance of August 31, 2010 Civil Service Commission Minutes
- Acceptance of October 18, 2010 Park Board Minutes
- Acceptance of October 26, 2010 Planning Commission Minutes
PUBLIC HEARINGS/OTHER BUSINESS
Repeal and Re -Adopt Chapter 17.60 MMC Relating to Nonconforming Uses, Lots and
Structures (7.48 pm)
Grumbach provided background on matter.
Mayor opened public hearing at 7:49 pm.
Charles Klinge, an attorney representing Mr. and Mrs. Charles Simonyi, spoke in favor of
proposed ordinance adding that the Simonyis support changes and asked council to
adopt. Mr. Klinge distributed a document detailing his remarks for the record. He
suggested adding option of a six month extension for extenuating circumstances and for
recognition of vesting rights after an application is submitted.
Mayor closed public hearing at 7:54 pm.
Nelson requested changing terms detrimental and abandonment in ordinance language.
City attorney suggested deleting term in third line of 17.60.010 A where it begins "are" and
sentence would read these nonconformities should eventually be converted to conformity
status. Regarding term abandonment attorney recommended maintaining use of it.
City Council Minutes December 13, 2010
Page 3
ITEM CA-1
DRAFT
Sponsor and seconder of motion agreed to amend motion to delete use of word
detrimental as recommended by city attorney but to maintain term abandonment.
MOTION PHELPS AND SECOND DICHARRY TO APPROVE ADOPTING AN
ORDINANCE REPEALING AND RE -ADOPTING CHAPTER 17.60 OF THE MEDINA
MUNICIPAL CODE RELATING TO NONCONFORMING LOTS, USES AND
STRUCTURES. MOTION CARRIED 7-0 AT 8:02 PM.
Amend MMC 17.90.030 & 17.90.060 Relating to Allowing Wireless Communication
Antennas in City -Owned Parks (8:02 pm)
Grumbach introduced item.
Mayor opened floor to public comment at 8:03 pm. No participation was received and the
hearing was subsequently closed.
MOTION NELSON AND SECOND BOYD TO APPROVE ADOPTING AN ORDINANCE
AMENDING MMC 17.90.030 AND MMC 17.90.060 RELATING TO WIRELESS
COMMUNICATION ANTENNAS IN CITY -OWNED PARKS. MOTION CARRIED 7-0 AT
8:04 PM.
Amend Chapter 17.56B MMC Relating to the Placement of Temporary Wireless
Communication Facilities (8:05 pm)
Grumbach summarized matter.
Mayor opened public hearing at 8:07 pm. No public comment was presented and the
hearing was subsequently closed.
MOTION LEE AND SECOND DICHARRY TO APPROVE ADOPTING AN ORDINANCE
AMENDING CHAPTER 17.56B RELATING TO THE PLACEMENT OF TEMPORARY
WIRELESS COMMUNICATION FACILITIES. MOTION CARRIED 7-0 AT 8:07 PM.
OTHER BUSINESS
Letter to WSDOT Regarding 84 Avenue/Points Drive Configuration (8:08 pm)
Jordan recapped his meeting with Points communities' mayors and WSDOT's David Dye
and Julie Meredith noting Dye's comment that consensus among Points communities was
not reached concerning ramp design and WSDOT would move forward with the Half
Diamond configuration unless dissenting cities supporting the Half Diamond design
changed vote. Jordan conveyed that following a meeting with Clyde Hill it became clear
mayors of Clyde Hill and Yarrow Point continue to support the Half Diamond design and
have no intention to change decision.
Jordan pointed out that in an effort to build consensus council member Nelson is
presenting a third design, a preliminary design evaluated by WSDOT in 2007 coined the
City Council Minutes December 13, 2010
Page 4
ITEM CA-1
DRAFT
Fly Over Ramp design, to the communities. Jordan said that based on preliminary
conversations with mayors from Hunts Point, Clyde Hill, and Yarrow Point there is support
for option as a compromise and that Meredith unofficially believes it is an option WSDOT
can support if consensus among communities can be realized.
Nelson detailed option in a Power Point presentation and council discussion followed.
Phelps pointed out corrections in draft letter, first, item four on second page, add merge
lanes on northbound side of 84 Avenue Northeast remain as depicted on same drawing
for Medina Circle residents to exit 84 Avenue Northeast into Medina Circle instead of exit
northbound to Medina Circle; and second, first sentence of summary paragraph corrected
to read: the Medina City Council has always commissioned its support instead of his
support.
Dicharry suggested item three on first page and item five on second page of draft letter
note lid construction must be at least equal size.
Jordan suggested amending letter so mitigation items one through eight are listed as
required mitigation for Flying Ramp option.
MOTION NELSON AND SECOND DICHARRY TO ADD THE FOLLOWING STATEMENT
TO BEGINNING OF LETTER:
The Medina Council believes that the newly proposed Fly Over ramp option for the 84
Avenue Northeast onramp has merit and should be studied and evaluated as an alternate
to the Half -Diamond and the Loop designs previously considered. The Fly Over ramp
alternative appears to resolve the street traffic issues plaguing Hunts Point, Clyde Hill and
Medina, addresses the concerns about the location of the Points Loop Trail and the
Regional Bike Path relative to Hunts Point residents and achieves the connectivity and
open space amenity of the Half -Diamond loop design. It appears to be a win -win solution
for all the Points Communities.
MOTION CARRIED 6-1 (PHELPS OPPOSED) AT 8:49 PM. PHELPS CHANGED VOTE
TO AYE AT 8:51 PM AFTER RE -READING STATEMENT.
MOTION DICHARRY AND SECOND NELSON TO SEND LETTER. MOTION CARRIED
6-1 BOYD OPPOSED AT 8:54 PM.
Mayor called for a break at 8:55 pm and called the meeting back to order at 9:04 pm.
2011 Annual Budget, Ordinance to Adopt 2011 Annual Budget and Salary Schedule
(9: 04 pm)
Hanson summarized budget document.
Council member Whitney addressed operating gap and proposed changes prior to budget
adoption.
City Council Minutes December 13, 2010
Page 5
ITEM CA-1
DRAFT
MOTION WHITNEY AND SECOND LEE TO ELIMINATE TWO TRANSFERS OUT OF
THE RESERVE FUND AND HAVE ALL ENDING GAP PAID FROM THE ENDING FUND
BALANCE IN THE GENERAL FUND. MOTION FAILED 2-5 (WHITNEY AND LEE IN
FAVOR) AT 9:20 PM.
Whitney requested the record reflect she proposed cuts for the budget.
MOTION WHITNEY AND SECOND LEE TO PROPOSE TO AMEND THE 2010 BUDGET
AS PRESENTED AND MOTION FAILED 2-5 (WHITNEY AND LEE IN FAVOR) AT 9:36
PM.
MOTION PHELPS AND SECOND DICHARRY TO APPROVE ORDINANCE ADOPTING
THE 2011 BUDGET FOR THE CITY OF MEDINA SETTING FORTH THE SUMMARY OF
ESTIMATED REVENUES AND EXPENDITURES FOR EACH FUND AND THE 2011
SALARY SCHEDULE. MOTION CARRIED 5-2 (WHITNEY AND LEE OPPOSED) AT 9:41
PM.
Mayor offered to hold discussion at next meeting to evaluate items presented by council
member Whitney after staff has opportunity to fully vet proposals. Jordan stated council
consider budget amendment proposal in January.
Ordinance to Adopt Leasehold Excise Tax (9:42 pm)
Grumbach summarized item.
MOTION PHELPS AND SECOND NELSON TO APPROVE ADOPTING AN ORDINANCE
AMENDING MMC 5.04.030 ADOPTING A NEW LEASEHOLD EXCISE TAX. MOTION
CARRIED 7-0 AT 9:45 PM.
Authorization for City Manager to Sign Agreement for State Administration of Leasehold
Excise Tax (9:45 pm)
Grumbach provided background on item.
MOTION BOYD AND SECOND NELSON TO APPROVE THE AGREEMENT WITH THE
WASHINGTON STATE DEPARTMENT OF REVENUE FOR THE PURPOSE OF
ADMINISTRATING THE LEASEHOLD EXCISE TAX; AND AUTHORIZING THE CITY
MANAGER TO SIGN THE AGREEMENT. MOTION CARRIED 7-0 AT 9:46 PM.
Contract Addendum for Immobili Consulting Services (9:46 pm)
Grumbach and Hanson responded to council inquires.
MOTION DICHARRY AND SECOND NELSON TO APPROVE THE CONSULTANT
SERVICES CONTRACT ADDENDUM WITH IMMOBILI AND AUTHORIZE THE CITY
MANAGER TO SIGN THE CONTRACT ADDENDUM. MOTION CARRIED 7-0 AT 9:51
PM.
City Council Minutes December 13, 2010
Page 6
ITEM CA-1
DRAFT
Council Agenda Calendar (9:51 pm)
Council discussed calendar. The following items were added:
2010 public records request summary (January)
2011 Budget discussion (January)
2011 planning commission work plan (January)
2011 council meeting schedule and retreat (January)
2011 park board work plan (February)
After determining a quorum of the council would not be available for the regular
meeting date of Monday, January 10, 2011, council rescheduled its meeting to a
special date of Tuesday, January 11, 2011 at 6:30 pm.
EXECUTIVE SESSION
Council recessed into executive session at 9:57 pm for an estimated time of thirty
minutes, pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the
agency litigation or potential litigation to which the agency, the governing body, or a
member acting in an official capacity is, or is likely to become, a party. City council
members Boyd, Dicharry, Jordan, Lee, Nelson, Phelps, and Whitney; city manager; city
attorney and city clerk were present.
Council met in executive session pursuant to RCW 42.30.110 (1)(g) to review the
performance of a public employee. City council members Boyd, Dicharry, Jordan, Lee,
Nelson, Phelps, and Whitney; and city attorney were present.
Council extended executive session ten minutes at 10:27 pm, twenty minutes at 10:37
pm, and ten minutes at 10:57 pm. Executive session adjourned and council resumed its
regular meeting at 11:07 pm.
ADJOURNMENT
MOTION BOYD AND SECOND NELSON TO ADJOURN THE DECEMBER 13,
2010 REGULAR MEETING AND MOTION CARRIED 7-0 AT 11:07 PM.
The December 13, 2010 Regular Meeting of the Medina City Council adjourned
at 11:07 pm.
The Medina City Council canceled its next Regular Meeting scheduled for Monday,
January 10, 2011, at 6:30 pm and rescheduled a Special Meeting for Tuesday, January
11, 2011 at 6:30 pm.
Bret Jordan, Mayor Attest:
Rachel Baker, City Clerk
City Council Minutes December 13, 2010
Page 7
Cof
CITY OF MEDINA
lwfalw
January 5, 2011
To: Mayor and City Council
From: Nancy Adams, Director of Finance
Re: Finance Report — December Financials
ITEM CA-2
Please find Revenue & Expense Summaries for December 2010 enclosed in your
Council Packet. The Expenditure reports are preliminary. We will process one
more 2010 check run in January and then provide 2010 Final Reporting at the
Council Meeting in February.
Revenue:
Total Annual Revenue for December YTD 2010 was ($39K) lower than for
December YTD 2009.
- Property Tax was $49K higher for YTD 2010 compared to YTD 2009.
- Sales Tax was ($148K) lower for YTD 2010 compared to YTD 2009.
- Licenses/Permit Revenue was $97K higher for YTD 2010 compared to YTD
2009.
- BEET (Real Estate Excise Tax) was ($50K) lower for YTD 2010 compared
to YTD 2009.
- Intergovernmental Revenue was $142K higher for YTD 2010 compared to
YTD 2009.
(Preliminary) Expense:
Total Annual Expense for December YTD 2010 is ($309K) lower than December
YTD 2009, however we still have one more check run to process into the 2010
period.
City Hall Project:
The City Hall Project is in full swing. For the period of January —December 2010,
Finance has processed 80 invoices totaling $366K.
Audit:
Our portion of the 2008 & 2009 audit was completed in December 2010. Once the
auditors complete their finalization of the audit, they will schedule an audit exit
interview meeting.
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Medina City Council Special Meeting ITEM CA-3
Tuesday, January 11, 2011
AGENDA BILL
Subject: Ordinance adopting the 2009 Washington State Energy Code
Category: ® Consent ® Ordinance g ry: ❑Public Hearing
❑ City Council Business ❑ Resolution ❑ Other — Discussion
rreparea tsy: Hobert Grumbach, AICP, Director of Development Services
Summary:
This ordinance is a housekeeping item to align the City's regulations with state law. The City
adopted the Washington State Building Codes at the June 14, 2010, regular meeting. At the
time, the state delayed implementation of the 2009 Washington State Energy Code at the
request of the Governor. As a result of the delay, the City's action in June did not include
adopting the updated energy code. The state ended the delay and the 2009 Washington State
Energy Code went into effect on January 1, 2011.
Attachment(s):
Ordinance
Budget/Fiscal
Impact:
None
Staff
Recommendation:
Approve
City Manager
Approval:
Move to approve an ordinance of the City of Medina amending Section
Proposed
20.40.015 of the Medina Municipal Code adopting the 2009 Washington
Council Motion:
State Enerav Code
ITEM CA-3
1 Ordinance No.
2
3 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
4 AMENDING SECTION 20.40.015 OF THE MEDINA MUNICIPAL CODE
5 ADOPTING THE 2009 WASHINGTON STATE ENERGY CODE
6
7 WHEREAS, the Washington State Legislature adopted the International Building
8 Code, the International Residential Code, the International Mechanical Code, the Uniform
9 Plumbing Code, the International Fire Code, and the Washington State Energy Code and
10 directed that the State Building Code Council adopt these as part of the State Building Code;
12 and
13 WHEREAS, pursuant to chapter 19.27 RCW, the State Building Code Council
14 adopted the 2009 edition of the Washington State Energy Code as an update to the State
15 Building Code, but delayed the effective date until January 1, 2011; and
16
17 WHEREAS, the adoption of an ordinance pertaining to building codes is exempt from
18 the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(20).
19
20 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
21 ORDAIN AS FOLLOWS
22
23 Section 1. Section 20.40.015 of the Medina Municipal Code is amended to read as
24 follows:
25
26 All construction activity and construction materials in the city shall be governed by
27 the 2009 Washington State Energy Code as adopted in Chapter 96, Laws of
28 1974, as updated by the State Building Code Council.
29
30 Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance
31 should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
32 invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
33 clause, or phrase of this ordinance.
34
35 Section 3. Effective Date. This ordinance shall retroactively take effect January 1,
37 2011.
38 PASSED BY THE CITY COUNCIL ON THIS 10th DAY OF JANUARY, 2011 AND SIGNED
39 IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 20111.
40
41
42
43
Bret Jordan, Mayor
Approved as to form: Attest:
44 Bruce Disend, City Attorney Rachel Baker, City Clerk
1 of 1
Medina City Council Special Meeting ITEM CA-4
Tuesday, January 11, 2011
AGENDA BILL
Authorize Call for Bids: NE 12th St/Lk Washington Blvd Traffic Safety
Subject: Improvements
Category: ® Consent ® Ordinance g ry: El Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
Joe vVillis, Uirector ot Public Works
Summary
In March of 2009, the Council authorized Transpo Group to study the NE 12th Street and
84th 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 preferred project concept was finalized. During the 2010 budgeting process
the project was divided into two phases. The first phase design was authorized by
Council on May 10, 2010.
The first phase with an estimated budget of $ 96,500 was included in the Council
adopted 2011 Capital Projects Fund. Phase I will include the installation of a
landscaped gateway island at 88th Ave NE, pedestrian activated flashing crosswalk
signs, brick pattern crosswalk, new street light, roadway restriping to create a center
turn lane along Lake Washington Blvd from 88th to 86th Ave NE, and a landscaped
median at 86th Ave NE.
Phase II if approved in the future will include an enhanced crosswalk south of 86th Ave
NE, enhanced crosswalk signage with pedestrian activated lights, a bulb out 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
Lake Washington Blvd at 86th Ave NE. The Phase II estimate is $ 90,000.
Authorization to Call for Bids will allow the project to be advertised for contractor bids
and with Council award in March, construction can be completed this year.
Attachment(s):
1. Recommended Corridor Concept Design
2. Median & City Entrance Gateway Concept
Budget/Fiscal
Impact: $ 96,500 from capital projects fund
Staff
Recommendation: Approve
City Manager
Approval•
Proposed I move to authorize The Call for Bids for Phase I of the NE 12
Council Motion: Street/Lake Washington Blvd. Traffic Safety Improvement Project.
2 (D
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Medina City Council Special Meeting ITEM CA-5
Tuesday, January 11, 2011
AGENDA BILL
Subject: Snohomish County Jail Contract
Category: ® Consent ❑ Ordinance
El Public Hearing
❑ City Council Business ❑ Resolution ❑ Other — Discussion
rreparea tsy:
Dan Yourkoski, Acting Police Chief
Summary
This Snohomish County Jail Contract is for January 1, 2011 through December 31,
2014. The Snohomish County Jail is currently the lowest priced Jail facility in the
region, there is no bed commitment, and the City is only charged for actual use of the
facility.
This out of County jail would be utilized by the city of Medina to house misdemeanants.
It can be used to house individuals who have been sentenced by the Court or are
awaiting trial. It would also allow Snohomish County Agencies arresting individuals on
City of Medina warrants to book subjects directly into the Snohomish County Jail freeing
up Medina Officers from performing warrant meets.
Attachments:
1. Snohomish County Jail Contract
Budget/Fiscal
Impact:
Staff
Recommendation: Approval on Consent Agenda
City Manager , l
Approval: r�
Proposed
Council Motion: N/A
ITEM CA-5
INTERLOCAL AGREEMENT FOR JAIL SERVICES
THIS AGREEMENT is entered into by and between SNOHOMISH COUNTY, a
political subdivision of the State of Washington (hereinafter COUNTY) and the City of
MEDINA a municipal corporation of the State of Washington (hereinafter CITY).
NOW, THEREFORE, in accordance with the Interlocal Cooperation Act (Chapter 39.34
RCW) and the City and County Jails Act (Chapter 70.48 RCW), the COUNTY and CITY hereby
agree as follows:
Section 1 Definitions
A. The term "Jail" means a COUNTY operated facility 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 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 this Agreement, Jail includes the Snohomish
County Main Jail and Community Corrections.
B. The term "Book" means the act of registering, screening, and examining inmates
for 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 for confinement.
C. The term "CITY Inmate" means a person Booked or housed in the Jail for whom
the CITY is a billable agency under the procedure set out in Section 6 of this Agreement.
D. The term "COUNTY Inmate" means any person Booked or housed in the Jail
who is not a CITY Inmate.
E. The term "Bureau Chief' means the Corrections Bureau Chief, Snohomish
County Sheriff's Office.
F. The term "CITY Municipal Code" means the Municipal Code of the CITY of
MEDINA.
G. The term "CITY Municipal Court" means the Court of Limited Jurisdiction
charged with hearing violations of the CITY Municipal Code, including any division of
the COUNTY District Court acting for the CITY via a service contract.
H. The term "Cities" means collectively all cities that have executed Interlocal
Agreements for Jail Services with the COUNTY in substantially the same form as this
Agreement.
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I. The term "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.
J. The term "Business Day" means Monday through Friday, 8:00 a.m. until 5:00
p.m., excluding COUNTY recognized holidays.
K. The term "maximum allowable population level" means the greatest allowable
number of inmates that can be held in the Jail in a safe, secure, and humane manner. The
maximum allowable population level shall be determined by the Sheriff or his/her
designee.
Section 2 Purpose
Under the authority of Chapter 70.48 RCW, the COUNTY maintains a Jail. The CITY
from time -to -time desires to confine CITY Inmates in the Jail. In return for payment as specified
in Section 9, the COUNTY agrees to furnish its facilities and personnel for confinement of CITY
Inmates based on the rules and conditions set forth in this Agreement and any attachments
thereto.
Section 3 Term
This agreement shall be in effect from the date of signature and shall continue in effect
until December 31, 2014, or until terminated by either party in accordance with Section 4,
PROVIDED that the COUNTY'S obligations are contingent upon local legislative appropriation
of necessary funds in accordance with applicable laws and the Snohomish County Charter.
Section 4 Termination
This Agreement may be terminated by either party for any reason at any time prior to its
expiration upon ninety (90) calendar days' prior written notice provided pursuant to Section 15
hereof.
Section 5 Population Level Limitation
A. In the event that the Jail's acceptable population level is reached, inmates who are
confined on Snohomish County charges or commitments will have first priority. In the
event the inmates are required to leave the COUNTY Jail, out -of -county inmates shall be
the first inmates removed. Every effort will be made to manage the average daily
population (ADP), including booking restrictions as a method to lower the ADP. The
Bureau Chief shall have final authority on ADP reduction measures.
B. The maximum allowable CITY Inmate population is thirty (30) inmates, unless
otherwise specified by the Bureau Chief.
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Section 6 Placiuy CITY Inmates in Jail by Law Enforcement Personnel
Subject to the conditions stated herein, and the constraints listed in Section 5, the
COUNTY will accept arrested persons delivered to the Jail for confinement, including persons
arrested for, or convicted of, violations of the CITY Municipal Code and will hold them until
such time as they are lawfully discharged from custody pursuant to law, or returned to the
custody of the CITY.
A. The CITY law enforcement personnel will follow all Jail procedures when presenting
arrested persons for Booking.
B. The Jail will not receive a person into custody until the law enforcement personnel
having custody of the person provides the Jail with proper documentation of the Jail's
legal basis to hold the person in custody. Proper documentation will consist of either
an arrest warrant, the order of a court of competent jurisdiction, or a properly
completed Notice of Arrest on the form provided by the court into which the person is
being cited.
C. An arrested person will not be considered a CITY Inmate for purposes of this
Agreement until transfer of custody is complete. Transfer of custody from CITY law
enforcement personnel to the Jail will not occur until the Jail receives both the legal basis
to hold the arrested person and has medically cleared the arrested person as "fit for Jail."
D. CITY Inmates shall be billable to the CITY when:
a. Inmate Status:
i. The inmate is being held on violation of a misdemeanor or gross
misdemeanor, on a warrant or court order issued by the CITY's
Municipal Court;
ii. The inmate is not being held on any active COUNTY felony
charge; and
iii. The inmate is not a Federal Inmate who can be removed by the
Federal agency without regard to local charges.
b. Other
i. The inmate is held for the CITY in accordance with section
6(d)(a); and
ii. The inmate is also being held by the State for violation of the
Offender Accountability Act and the CITY will not allow the State
to move the inmate
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E. CITY Inmates shall not be billable to the CITY when:
a. The inmate receives a personal recognizance release, posts bail, or finishes
serving a sentence on that charge;
b. The charge is dismissed, nor filed, or otherwise withdrawn;
c. The charge carries a consecutive sentence the inmate has not yet begun to
serve; or
d. The agency with jurisdiction over a charge cannot remove the inmate to its
own facility until other charges requiring the inmate's custody in Jail are
satisfied.
Section 7 Walk In Commitments
A. Subject to the conditions stated herein, and the constraints listed in Section 5, the
COUNTY will accept persons sentenced to a term of confinement to Jail by a CITY
Municipal Court, including persons convicted of violations of the CITY Municipal Code
and will hold them until such time as they are lawfully discharged from custody pursuant
to law and the terms of the judicial Order of Commitment, or returned to the custody of
the CITY.
B. A person reporting for commitment will not be accepted for Booking until the
COUNTY receives a valid judicial Order of Commitment from the CITY Municipal
Court and the Jail has medically cleared the person reporting for commitment as "fit for
Jail."
C. A person reporting for commitment will not be considered a CITY Inmate for the
purposes of this Agreement until the person is accepted for Booking. In the event that a
person reporting for commitment is not accepted for Booking, the Jail will notify the
CITY Municipal Court of the person's non -acceptance and the reason for the non-
acceptance. Notification will occur on the same day if the non -acceptance occurs during
a Business Day or on the following Business Day if the non -acceptance occurs after the
end of a Business Day.
Section 8 Rules Relating to Inmates in Custody
A. Persons convicted of violations of the CITY Municipal Code may earn early
release time of up to one-third (1/3) of the total sentence as authorized by Chapter 9.94A
RCW.
B. Investigators directed by the CITY attorney or CITY police officers will have the
right to interview CITY inmates inside the confines of the Jail, subject to necessary
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ITEM CA-5
operational and security rules. Interview rooms will be made available as appropriate to
CITY police officers in equal priority with those of other police departments.
C. CITY Inmates will be in the complete charge of the COUNTY and subject to all
applicable rules of the Jail, including any emergency security rules imposed by the
Bureau Chief. It is expressly agreed by the CITY that visitation and telephone privileges
of CITY inmates, if any, will be the same as COUNTY inmates and subject to applicable
requirements of law.
D. The Jail will be administered by the COUNTY in accordance with the rules and
regulations of the COUNTY, COUNTY ordinances and in accordance with the rules and
regulations of any agency of the State of Washington empowered to make rules
governing the administration of COUNTY jails.
E. CITY Inmates may be made inmate workers at the discretion of the COUNTY,
and such inmates may be allowed by the COUNTY to work on public property.
Section 9 Fees
A. The CITY will pay the COUNTY fees for services as follows:
a. Booking Fee: A fee shall be assessed for the Booking of CITY Inmates by or
on behalf of the CITY into the Jail. It is the only fee charged for inmates
released within four (4) hours of Booking into the Jail.
b. Daily Maintenance Fee: A daily maintenance fee shall be assessed for each
calendar day that a CITY Inmate is housed in the Jail. This fee shall not be
charged for inmates released within four (4) hours of Booking.
C. Work Release Daily Fee: A work release daily maintenance fee shall be
assessed for each calendar day that a CITY Inmate is housed in the Work
Release facility
d. In -Custody Work Crew Daily Fee: An in -custody work crew daily fee shall
be assessed for each calendar day that a CITY Inmate participates in the in -
custody work crew program.
e. Electronic Home Detention (EHD) Daily Fee: An electronic home detention
daily fee shall be assessed for each calendar day that a CITY Inmate
participates in the EHD program
B. The 2010 rates for the Booking and Daily Maintenance Fees shall be ninety
dollars ($90) per Booking and sixty-two dollars and fifty cents ($62.50) per day for each
housing day. The Work Release Daily Fee and the In -Custody Work Crew Daily Fee
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ITEM CA-5
shall be forty-two dollars ($42) per day for each housing day. The EHD Daily Fee shall
be sixteen dollars ($16) per day.
C. The 2010 rates outlined in Section 9(b) will increase each calendar year during
the term of this Agreement by a rate equal to ninety percent (90%) of the Bureau of
Labor Statistics Consumer Price Index (Urban Wage Earners) for the Seattle -Tacoma -
Bremerton area, measured from June of the prior year to June of the current year. In no
event shall the increase be greater than three percent (3%).
D. The billing process calculates booking and daily inmate charges using
proportional methodology. The process for proportional billing is described in Exhibit A,
and hereby incorporated by reference. If multiple jurisdictions have an open
misdemeanor charge on an individual, the jurisdictions will share the cost as long as an
open charge persists for that agency. A contract agency is billed for booking an
individual for its misdemeanor charge or charges. If there are open charges with more
than one contract agency, each agency will be billed in equal portions. The same process
applies for determining the daily billing. When a contracting agency's charge is closed,
that agency drops from the proportional billing process. The proportional billing is
recalculated without that agency. If an agency has multiple open misdemeanor charges,
the agency is only billed as one element of the proportional booking process, equal to all
others with open misdemeanor charges. Additionally, there will be no partial days billed.
The billing process looks at who is billable to whom each day and bills accordingly.
E. In July each year, the COUNTY will provide the CITY with rates for the
following year. Annual revision of fees will be established by notice to the CITY, as
provided in Section 15. The new fees will go into effect with the January billing,
PROVIDED that should the CITY enter into this Agreement after January 1, 2010, such
rate shall be effective the first day of the month of signature.
F. Costs incurred for necessary medical services to CITY Inmates beyond routine
medical examinations, tests, procedures and prescriptions will be borne by the CITY in
addition to the basic rates set out in Section 9(b). If the inmate suffers an injury while in
the custody of the Jail, the COUNTY will bear all expenses not covered by the inmate's
health insurance and/or public assistance. The Custody or Medical Supervisor(s) on duty
in the Jail is hereby granted the authority to seek necessary medical services for CITY
Inmates without consulting with CITY officials; PROVIDED, that when it appears that a
CITY Inmate will incur unusual or substantial medical expenses due to illness, the
COUNTY shall notify the CITY prior to seeking treatment, unless immediate treatment is
required. If the Jail medical staff order immediate treatment, the COUNTY will notify
the CITY as soon after the event as reasonably possible. The CITY and the COUNTY
will comply with the requirements of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) and Snohomish County policies and procedures regarding HIPAA.
The COUNTY will credit amounts received from the inmate's own health insurance and
applicable public assistance before billing the CITY.
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ITEM CA-5
Section 10 Transport
A. The CITY agrees to be responsible for all CITY Inmate's transportation to and
from the Jail for Court.
B. The COUNTY will provide transportation of CITY Inmates to and from medical
facilities when the Jail Medical Supervisor has determined that such treatment is
necessary under Section 9(e). The CITY will furnish all other transportation of CITY
Inmates.
Section 11 Method of Payment & Billing Dispute Resolution Procedure
A. The COUNTY shall transmit billings to the CITY monthly. Within thirty (30)
days after receipt, the CITY shall pay the full amount billed.
B. Payments from the CITY shall clearly indicate that the payment is for Jail
services and the period covered by the payment.
C. If CITY disputes amounts billed, it has (30) days following receipt of billing to
notify the COUNTY of any alleged discrepancies calculating the amount the CITY owes
the COUNTY. The CITY will provide the COUNTY with documentation for all alleged
discrepancies. The COUNTY will respond to any alleged discrepancies within fifteen
(15) working days of receipt of documentation. Credits for resolved discrepancies will be
reflected on next billing cycle. The COUNTY will notify the CITY of all unresolved
discrepancies.
D. 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:
a. The Bureau Chief and CITY Police Chief or their designees shall attempt to
resolve the dispute by negotiation. If such negotiation is unsuccessful, the
dispute shall be appealed to the Chief Executive Officer of the CITY and the
COUNTY Executive for settlement. If not resolved within thirty (30) days of
referral, the Chief Executive Officer of the CITY and the COUNTY Executive
1) may by mutual written consent apply to the Presiding Judge of the
Snohomish County Superior Court for appointment of an arbitrator whose
decision shall be final and binding on both parties, OR 2) may invoke the
procedures set out in RCW 39.34.180 (3) for binding arbitration. Each party
shall pay one-half of any arbitration fees.
b. Any amount withheld from a billing, which is determined to be owed to the
COUNTY pursuant to the dispute resolution procedure described herein, shall
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ITEM CA-5
be paid by the CITY within thirty (30) days of the date of the negotiated
resolution or arbitration determination.
E. 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 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.
F. If the CITY fails to pay a billing within forty-five (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 waived its right to house CITY Inmates in the Jail and, at the
COUNTY's request, will remove all CITY Inmates already housed in the Jail within
thirty (30) days. Thereafter, the COUNTY, at its sole discretion, will accept no further
CITY Inmates until all outstanding bills are paid.
G. 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.
H. 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.
Section 12 Indemnification
A. 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 related to the services provided under this Agreement. 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.
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ITEM CA-5
B. 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 related to the arrest or confinement of a CITY Inmate. 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.
C. In the event of the concurrent negligence of the parties, the COUNTY's and the
CITY's obligations hereunder shall apply to the percentage of fault attributable to the
COUNTY and CITY or the COUNTY's and CITY's agents, employees, or officials
respectively.
D. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the CITY's indemnity under Washington's Industrial Insurance act, Title 51
RCW, as respects the COUNTY only, and only to the extent necessary to provide the
COUNTY with a full and complete indemnity of claims made by the CITY's employees.
The parties acknowledge that these provisions were specifically negotiated and agreed
upon by them.
E. 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 in part from the existence or effect of the CITY Municipal Code,
rule, or regulations. If any cause, claim, suit, action, or administrative proceeding is
commenced in which the enforceability and/or validity of any such CITY Municipal
Code, 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.
F. The terms of Section 12 shall survive the termination or expiration of this
Agreement.
Section 13 Non -waiver of Rights
Except as provided in subsections 10(e) or 10(f), 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
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ITEM CA-5
continued performance after notice of a deficiency in performance constitute an acquiescence
thereto. The parties are entitled to all remedies in law or equity.
Section 14 No Creation of or Expansion of Dutyto Supervise; No Partnership or Joint
Venture
A. Nothing in this Agreement shall be construed as creating, modifying, or
expanding any duty on the part of the COUNTY. By agreeing to provide the Community
Corrections Programs described herein to the CITY, the COUNTY is not agreeing to any
supervision of CITY inmates except as specifically provided herein. Nothing in this
Agreement shall be interpreted as a delegation by the CITY, the CITY Municipal Court or
the CITY Municipal Court's probation department to the COUNTY of its duty of
supervision.
B. Nothing in this Agreement shall be construed to render the parties partners or
joint ventures.
Section 15 Modification / Amendment
A. All provisions of this Agreement may be modified and amended with the mutual
written consent of the parties. This Agreement may not be modified orally. Modification
must be accomplished with the same formalities as are required for execution of this
agreement.
B. The CITY and COUNTY may elect, by mutual agreement, to reopen negotiations
for the express purpose of changing the CITY's agreed upon number of inmate days in
the following calendar year. If the CITY and COUNTY are not able to come to an
agreement on a change in the agreed upon number of inmate days, the current year's
agreed upon number of inmate days shall remain the same in the following year.
C. In the event of a change in State law or a ruling from a precedent setting court that
significantly impacts the incarceration of CITY Inmates, the COUNTY and the CITY
may reopen negotiations to amend the agreed upon number of inmate days used in the
current year and following year.
Section 16 Notices
A. All notices required by this Agreement to be given to the COUNTY shall be made
in writing and personally delivered or sent by certified mail to the Bureau Chief.
B. All notices required by this Agreement to be given to the CITY shall be made in
writing and personally delivered or sent by certified mail to the Chief Law Enforcement
Officer of the CITY.
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C. The Bureau Chief and the Chief Law Enforcement Officer of the CITY, shall be
the administrators of this Agreement pursuant to RCW 39.34.030(4)(a).
Section 17 Entire Agreement
A. This Agreement represents the entire understanding of the parties and supersedes
any oral representations that are inconsistent with or modify its terms and conditions.
B. Nothing in this Agreement shall limit the ability of the COUNTY to contract with
other entities at different rates or terms.
Section 18 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.
Section 19 Severability
If any provision of this Agreement is found to be invalid or contrary to law, the
remainder of this Agreement shall not be affected thereby.
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ITEM CA-5
Section 20 Filinfi
Pursuant to Chapter 39.34 RCW, a copy of this Agreement as fully executed shall be
filed by the COUNTY with the County Auditor and by the CITY with the City Clerk.
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement
by subscribing their names as follows:
SNOHOMISH COUNTY CITY OF MEDINA
Aaron Reardon Date Donna Hanson Date
COUNTY EXECUTIVE CITY MANAGER
ATTEST: APPROVED AS TO FORM:
Date CITY ATTORNEY Date
APPROVED AS TO FORM:
DEPUTY PROSECUTING ATTORNEY Date
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EXHIBIT A
PROPORTIONATE BILLING
Each day the COUNTY shall examine the open charges for each active booking and
apply uniform rules for determining billable charges and identifying the billable agencies.
The procedure for selecting the billable charges and responsible agencies is outlined
below. The program proceeds in sequence through the series of steps only as far as needed to
isolate a billable charge and determine the agency responsible for payment.
1. Select all felony charges. If there is more than one, go to Rule #2. If there is a felony but
no State DOC hold, do not bill. If there are no felony charges, go to Rule #5.
2. Select the Arresting Agency DOC-Parole-Olympia. If there is no other arresting agency
charges, determine if charge is State DOC and bill accordingly.
3. If there is a State DOC hold and additional local charges (Snohomish County or
contracting cities; felony, misdemeanor, or gross misdemeanor) do not bill.
4. If there is a State DOC hold and non local additional charges (from other county and
municipal agencies not contracting services with Snohomish County), bill State DOC.
5. Select all open misdemeanor charges. Bill the arresting agency. If there are open charges
with more than one contract agency, go to Rule #6.
6. If there are open misdemeanor charges with multiple contract agencies, bill each agency
in equal portion (e.g., two agencies 50/50). If an agency has multiple open misdemeanor
charges, the agency is only billed as one element of the proportional booking process,
equal to all others with open misdemeanor charges.
Example: If municipal agency A has one open misdemeanor and municipal agency
B has two open misdemeanor charges at the same time, each agency is billed for
50% of the day.
7. When an agency's charge is closed, that agency drops from the proportional billing
process. The proportional billing is recalculated without that agency.
Example: Municipal agency A has one open misdemeanor and municipal agency B
has an open misdemeanor charge. Municipal agency B's charge is closed. Agency A
is billed for 100% from then on.
8. When there is a Snohomish County misdemeanor charge and contract agency
misdemeanor charge, the County is billed its proportional share.
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EXHIBIT B
COMMUNITY CORRECTIONS OPTIONS
Section 1 Definitions
A. "Community Corrections Programs" means alternative sentencing programs
offered by the COUNTY to the CITY pursuant to this Agreement, including Electronic
Home Detention with Electronic Home Monitoring, Work Education Release, and Work
Crews. The Community Corrections Programs are more fully defined and described in
Section 2 of this Exhibit. "Community Corrections Program" or "Program" means any
one of the Community Corrections Programs.
B. "Electronic Home Detention" or "EHD" means that Community Corrections
program described in Section 3 of Exhibit B of this Agreement.
C. "Jail Services Agreement" means that interlocal agreement dated ,
, between the CITY and the COUNTY for the provision of services at the COUNTY
Jail.
D. "Work Crew In Custody" or "WC In Custody" means that Community
Corrections Program described in Section 3(a) of Exhibit B of this Agreement.
E. "Work Crew Out of Custody" or "WC Out of Custody" means that Community
Corrections Program described in Section 3(b) of Exhibit B of this Agreement.
F. "Work Crews" means both Work Crew In Custody and Work Crew Out of
Custody.
G. "Work Education Release" or "WER" means that Community Corrections
Program described in Section 3 of Exhibit B to this Agreement.
Section 2 Purose
A. The CITY from time to time desires to confine CITY Inmates in the COUNTY
Jail. The purpose of this Agreement is to make a wider variety of sentencing options
available to the CITY, which has contracted with the COUNTY for Jail services.
B. In addition to Jail services provided to the CITY pursuant to separate contract and
subject to availability, the COUNTY will make available to the CITY the following
Community Corrections Programs:
a. Electronic Home Detention;
b. Work Education Release; and
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c. Work Crew — In Custody.
Section 3 Eligibility and Acceptance into Community Corrections Programs
A. CITY inmates held in the custody of the COUNTY may serve their time in a
Community Corrections Program if Program services are available and if all of the
following requirements are met:
a. The CITY Inmate has been prescreened by the COUNTY for the purpose
of assisting the court in its decision related to sentencing the offender to a
Community Corrections alternative or confinement in the County Jail.
b. The COUNTY has found that the CITY Inmate meets all statutory and
Program Eligibility Requirements; and
c. The CITY Inmate has been ordered into the Program by the CITY's
Municipal Court.
B. CITY Inmates not held in the custody of the COUNTY may also serve their time
in a Community Corrections Program if all of the above requirements are met.
C. Additionally, if a CITY Inmate who is sentenced to secure confinement meets the
requirements set forth in Section 3(a) of Exhibit B, the CITY Inmate may be classified as
a minimum security resident (MSR) and relocated as spelled out in Snohomish County
Code 5.20.020.
D. If a CITY Inmate is sentenced or otherwise ordered into a Community
Corrections Program by a court or courts on charges from multiple jurisdictions, the
CITY will be billed for its fractional share (based on the number of jurisdictions) of the
Program charges, PROVIDED, HOWEVER, that the COUNTY may refuse Program
admission for a CITY Inmate if any of those multiple jurisdictions (other than the
COUNTY) have not entered into an agreement in substantially the same form as this
Agreement. For purposes of this subsection, the COUNTY will be considered the
financially responsible jurisdiction for all State agency -filed misdemeanor and gross
misdemeanor charges.
Section 4 Transfers of CITY Inmates into the Community Corrections Program
A. A CITY inmate meeting the eligibility requirements set forth in Section 3(A) of Exhibit B
shall be transferred into the Community Corrections Program effective on the date agreed
to by the CITY and the COUNTY in the following manner:
a. A CITY Inmate already in COUNTY custody will be transferred to the Program
by the COUNTY; and
City of Medina Interlocal Agreement for Jail Services Page 15 of 17
2011 - 2014
ITEM CA-5
b. A CITY Inmate not in COUNTY custody on the effective date of his or her
transfer to the Program shall be transferred to the Program (1) by the CITY if the
inmate is then in CITY custody or (2) by the CITY Inmate's presenting himself or
herself to the COUNTY, in either case on the date and at the time and place
agreed to by the CITY and the COUNTY.
Section 5 Termination of CITY Inmate from Community Corrections Program
A. Once a CITY inmate is taken into a Community Corrections Program, the inmate
shall remain in the Program for the remainder of his or her term of confinement,
unless:
a. The CITY Municipal Court orders the CITY inmate terminated from the
Program or otherwise amends its earlier order;
b. The CITY inmate is no longer eligible for, and is terminated by the COUNTY
from, the Program. The termination decision shall be made by the COUNTY,
in its sole discretion, and is not subject to review. An inmate who was
previously found to be eligible may be found ineligible to continue in a
Program either (1) because of actions by the inmate while within the Program
(including but not limited to violation of rules established by the COUNTY or
a new criminal conviction) or (2) due to newly discovered information which,
if known to the COUNTY during initial screening, would have rendered the
inmate ineligible on either statutory or Program grounds.
B. A CITY Inmate who is terminated by the COUNTY from a Program shall
a. If then in the physical presence or custody of the COUNTY by virtue of his or
her participation in a Program, be taken into custody by the COUNTY and
transported to the COUNTY Jail to serve the remainder or his or her term of
confinement; or
b. If not then in the physical presence or custody of the COUNTY by virtue of
his or her participation in a Program, become the immediate responsibility of
the CITY for all purposes including, but not limited to, duty to apprehend.
C. If the participation of a CITY Inmate in a Community Corrections Program is
terminated by the COUNTY pursuant to Section 5(A)(b) of Exhibit B, the
COUNTY shall notify the CITY and the CITY Municipal Court in writing within
twenty-four (24) hours following the termination. Upon termination, the CITY
shall be responsible for notifying the CITY Municipal Court and, if appropriate,
seeking revision of the CITY Municipal Court's order. The COUNTY will
contact the CITY Law Enforcement agency to notify them of the violation.
D. In the event that a CITY Inmate is terminated from a Community Corrections
City of Medina Interlocal Agreement for Jail Services Page 16 of 17
2011 - 2014
ITEM CA-5
Program and is transferred to the COUNTY Jail pursuant to Section 5(b)(i)
hereof, the CITY shall be billed for the day in which the transfer occurs pursuant
to its Jail Services Agreement and not pursuant to this Agreement.
E. In the event that the CITY inmate is terminated from a Community Corrections
Program on a day in which he or she has not received services pursuant to this
Agreement, the COUNTY shall not bill the CITY for that day.
F. In addition to fees charged to the CITY pursuant to this Agreement, the COUNTY
may also charge CITY Inmates directly for daily monitoring costs (as noted in the
vendor contract) associated with their participation in a Program, i.e., for EHD
and if applicable work release charges, at the same rate and under the same
circumstances as COUNTY inmates are charged.
City of Medina Interlocal Agreement for Jail Services Page 17 of 17
2011 - 2014
Medina City Council Special Meeting ITEM OB-1
Tuesday, January 11, 2011
AGENDA BILL
Subject: Proposed Change Order #2 for City Hall Additions and Renovation Project
Category: ❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other — Discussion
Prepared y: Joe Willis, Director of Public Works; and
Robert Grumbach, AICP, Director of Development Services
Summary
At the December 13, 2010 Council meeting, the issue of approval for change orders for the City
Hall Project was discussed and the policy that the Council agreed to was that construction
changes in amount(s) up to 10% of the project contingency amount balance (currently
$180,000) can be administratively approved by the City Manager, design changes are to be
presented to the Council.
In line with Council policy, Change Order #1 was approved by the City Manager providing a
credit of $1,427 for deletion of the soap dispensers in the public restrooms, deletion of folding
accordian door in the Council chambers and added dowel bars in the perimeter of the basement
slab repair patch areas.
Change Order #2 covers a number of items that taken in whole represent an added cost of
approximately $17,311. The items are described as follows:
• Add a fixed cabinet in the evidence room = $4,363
• Delete holding cell and add a bench with handcuff ring = ($2,000)
• Add carpeting in rooms 101, 102, and 107 = $2,400
• Change door 120 from pair to a single door = ($200)
• Add a speaker to room 102 = $952
• Revise ADA shower stalls to standard shower stalls = ($1,360)
• Create an enclosed office space in room 101 = estimated 7,702
Sub -total $ 11,857
Tax and markup $ 1,454
Estimated permit revision fee and architect design fee 4,000
Estimate Total = $ 17,311
Attachment(s):
n/a
Budget/Fiscal
Impact: Added cost of $17,311
Staff Approve Change Order # 2 and authorize the City Manager to sign the
Recommendation: contract chan a order.
City Manager
Approval:
I move to approve Change Order #2 for the City Hall Additions and
Proposed Renovation Project and authorize the City Manager to sign the contract
Council Motion: change order
ITEM OB-2
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: 2011 Council Committees
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
Pursuant to MMC 2.04.110, "The city council may, from time to time, appoint temporary or long-term
committees from among its membership. All committees shall dissolve at the time of council elections."
City Council Guideline 2.08 D (approved by resolution 332, March 2008) establishes the appointment
process to advisory boards and commissions requiring a personnel committee to perform interviews
and recommendations for advisory appointments.
On May 12, 2008 the council created an audit/finance committee and on August 11, 2008 created a
facilities committee.
If Council wished to change or reappoint committees, those appointments will need to be made by
Council action.
To facilitate discussion and decision making, the first question would be: Does council still want to
have three committees, Facilities, Personnel, and Finance?
The second question would be, who would like to be on each of those committees?
BUDGET/FISCAL IMPACT: None.
STAFF RECOMMENDATION: Discussion on change and/or appointment of committees if council
wishes.
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Council can make one motion for all committees or one motion
for each committee.
ITEM OB-3
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: 2011 Regional Council Committees
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
In February 2010 Council appointed representatives to the following regional committees;
• ETP
• WA
• WSDOT SR520
• PSRC
• Sound Transit
• SCA
• Points Mayors
• Bellevue City Council
BUDGET/FISCAL IMPACT: None.
STAFF RECOMMENDATION: Discussion and appointment of committees if council wishes.
CITY MANAGER REVIEW: LVUA'
PROPOSED COUNCIL MOTION: Council can make one motion for all committees or one motion
for each committee.
Medina City Council Special Meeting ITEM OB-4
Tuesday, January 11, 2011
AGENDA BILL
Subject: 2011 Planning Commission Work Program
Category: ❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other — Discussion
Prepared y: o ert rumbach, AICP, Director of Development Services
Summary:
The Planning Commission work program communicates the City Council's priorities to the
planning commission to focus their efforts on reporting and making recommendations for the
coming year. 2010 was a busy year as reflected in the memo containing a summary of the
Planning Commission's accomplishments. The commissioners reviewed their 2010 work
program and, after making revisions, have forwarded a proposed work program for 2011 for the
City Council to consider.
A summary of the proposed changes to the 2011 work program include:
• Remove the topic on bonus structural coverage based on height as being to complicated
• Add a new topic on height in the R-16 zone to create more design flexibility.
• Re -organized the priority to reflect shifting work priorities.
• Revised the topic on signs to allow for a broader scope of review.
Additional information about the Planning Commission work program is included under notes.
Attachment(s):
1. Proposed 2011 Planning Commission Work Program
2. Approved 2010 Planning Commission Work Program
3. Memo on 2010 Planning Commission Accomplishments
Budget/Fiscal
Impact: None
Staff
Recommendation: Approve
City Manager
Approval:
Proposed
Council Motion: Move to approve the 2011 Planning Commission Work Program
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ITEM OB-4
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.aov
To: PLANNING COMMISSION
From ROBERT J. GRUMBACH, AICP
Date: NOVEMBER 17, 2010
Subject: 2010 PLANNING COMMISSION ACCOMPLISHMENTS
The following is a list of the accomplishments as they correlate with the approved 2010 planning
commission work program.
Work Program Item Accomplishments
1. Zoning Code Update . Ordinance 855 Administrative Review Procedures Code
Amendment
• Hearing on nonconforming uses, lots and structures
2. Pitch ooIncentives • Study completed — no further action necessary
3. Short Subdivision . Ordinance 854 — Division of Land and Lot Line
Adjustment Code Amendment
4. Bonus Structure Coverage • No action taken
based on Height
5. Renewable Energy • No action taken
6. Home Occupation
. No action taken
7. Sign Code
• No action taken
8. Other Code Amendments
. Ordinance 850 Temporary Public Facilities Code
from Council
Amendment
• Ordinance 857 Interim Street Design Standards
• Ordinance 856 Wireless Communication Facilities
• Ordinance 853 Fee Ordinance
• Hearing on Temporary Wireless Communication
Facilities
• Hearing on Wireless Communication Facilities in City -
owned parks
9. Comprehensive Plan • No amendments processed this year
Amendments
10. Other Tasks • 2010 Planning Commission Work Program
• Discussion Floor Area Ratio
• 3 Construction Mitigation Plan Hearings
2011 Work Items:
• Continue Zoning Code Update
• Shoreline Master Program Update (Deadline Summer)
• Comprehensive Plan Amendment — (Deadline June)
Medina City Council Special Meeting ITEM OB-5
Tuesday, January 11, 2011
AGENDA BILL
Subject: 2011 State Legislative Priorities
Category: ❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other -Discussion
Prepared
Donna Hanson
Summary
The attached draft state legislative agenda of provided for Council review. In recent years the
City has not been actively involved in lobbying activities. However, this document establishes
the priorities for State legislative activities if the City is asked to take a position. Once adopted
the list is sent to our state legislators and provides the "approved" framework for any city
position on legislative issues. This list has been reviewed by directors based on priorities from
their state professional organizations.
Attachments:
1. Draft Legislative Agenda
Budget/Fiscal
11MM
Staff
Recommendation: Amen if desired and Adopt
City Manager i 1 (1
Proposed
Council Motion: "I Move to adopt the 2011 Legislative Priorities"
ITEM OB-5
Draft City of Medina 2011 State Legislative Issues
Transportation:
• Preserve funding/tolling solution to replace the SR 520 Bridge
• Construct Eastside 520 improvements that minimize the impacts on the Points Cities
and allows for construction of project to begin and proceed as scheduled regardless of
westside process
Financial:
• Allow local governments authority to levy property taxes that keep up with inflation and
ensures that cities keep their "banked capacity'
• Oppose creation of new countywide taxing authority without the approval of cities
• Support additional flexibility to use REET revenues for operations and maintenance
General Government:
• Maintain the City's right to legal counsel attorney client privilege and advice in executive
sessions
• Oppose additional requirements in the Public Disclosure Act
• Support cities in recovering cost of Public Records Requests and provide protection from
repeated and abusive records requests
• Provide options for agencies to use low cost methods for public notice rather than the
statutory legal notices in the local newspaper of record
Public Works:
• Oppose DOE's requirements to exceed Federal guidelines relating to the National
Pollutant Discharge Elimination System stormwater permit (NPDES) and continue
funding for cities to help meet the mandates of the NPDES permit requirements
• Retain City's authority to manager public rights -of -way and poles over utilities or state
attempt to extend regulatory jurisdiction
Public Safety:
• Oppose legislation that allows the county to eliminate services resulting in increased
costs to cities
• Support funding options for city public safety purposes, including jail construction
• Support modification of the driving while license suspended (DWLS) provision to
eliminate the automatic license suspension for a single occurrence of failure to pay a
traffic infraction, but retain the ability to suspend the licenses of repeat offenders
Community Development
• Extend schedules for mandated land use and environmental plans
• Continue funding for shoreline master program updates.
• Oppose legislation that mandates that cities address climate change issues in their
comprehensive plan and regulations.
• Preserve the cities' authority to accommodate growth without imposition of a uniform
minimum urban residential density requirement
ITEM OB-5
Tort Reform
• Exempt cities and towns from joint and several liability for the acts of other persons at
fault
• Provide caps on non -economic damages for local government entities, their officers,
employees, and volunteers
Interest Arbitration
• Pursue amendments to binding interest arbitration criteria, (city's ability to pay, local
labor market conditions, and internal equity with other city employees as factors)
• Evaluate the qualification criteria for arbiters
Medina City Council Special Meeting ITEM 013-6
Tuesday January 11, 2011
AGENDA BILL
Subject: 2011 Adopted Budget
Category: ❑ Consent ❑ Ordinance ElPublic Hearing
❑ City Council Business ❑ Resolution ® Other -Discussion
Prepared By: Donna Hanson, CM and Nancy Adams, Finance Director
History and Background Information for 2011 Budget development:
August 9, and September 7, Study Sessions - Council reviewed the 2010 actual and proposed
2011 budget line item detail in order to fully understand the cost of current level of services and
options to close the structural gap between ongoing revenues and ongoing expenditures.
September 13, Regular Meeting - Council reviewed detailed proposed cuts, estimated fund
balances and a range of utility tax and franchise fees. Staff was directed to continue to look for
additional 1-2% budget cuts.
October 11, Regular Meeting - Staff presented an additional 2.4% cut reducing the gap between
ongoing revenues and ongoing expenditures to $550,000 in the operating funds. Staff was
asked to report back on the impacts of $150,000 staff cuts and 5% utility tax and franchise fees.
October 25, Study Session - Staff presented the impacts of $150,000 in staff cuts. Council
chose not to implement staff cuts or furloughs, and to close the gap in the operating funds with
3% utility tax and franchise fees with the remainder to come from the reserve fund.
November 81h Regular Meeting - Council held a final public hearing and directed staff to place the
budget on the December 13 th Regular meeting agenda with no further changes.
December 131h Regular Meeting — Council adopted the 2011 proposed budget with 3% utility tax
and franchise fees, $200,000 transfer from reserve fund to the general fund for operations, and
$200,000 transfer from reserve to capital for city hall remodel.
Policy Question: What policy actions does Council want to take to address long-term budget
sustainability whereby ongoing revenues meet ongoing expenditures?
Attachments:
1. Comparative Summary by Fund for 2010 YTD and 2011 adopted budget
2. Historical View of General Operating Fund (Revenues and Expenditures)
3. Council proposed 2011 Budget Amendment with staff response
Budget/FiscalImpact: NA
Develop a three/four pronged approach to address long-term
sustainability of ongoing revenues and expenditures in 2011
• Staff will research and draft financial policies related to fund
balances, reserves, investments, etc. for Council consideration
• Review Council policy direction for labor contracts as contracts
are renegotiated
• Staff will review operations and structure to identify
efficiencies/cuts in expenditures
Staff Recommendation: • e Review additional revenues if directed by Council
Proposed
Council Motion: Imove to direct the City Manager to implement the stated work plan"
2011 Comparative Summary by Fund ITEM 013-6
Adopted 12113/2010
2011
2011
2011
2008
2009
-2010
2010
Adopted
$
%
DESCRIPTION
Actual
Actual
Bgftet
Forecast
pgftq
Change
Change
GENERAL FUND
BEGINNING FUND BALANCE
$ 2,839,677
$ 3,163,000
$ 2,324,925'
$ 2,324,925
$ 1,537,8u
$ (787,081)
-33.85%
REVENUES
5,556,448
4,365,285
4,870,271
4,482,868
5,041,334'
$ 171063
3.51%
OPERATING TRANSFERS -IN
-
-
200,000-
$ 200:000
4,533,125
4,593,360
5,092,803
4,723,187
4,967,116'
125,687
2.47%
EXPENDITURES
OPERATING TRANSFERS -OUT
700,000
610,000
` 546262
546,762
245,000'
301,762
55.19%
$ 3,163,000
$ 2,324,925
$ 1,555,631
$ 1,537,844
$ 1,567,062:'
$ 11,431
0.73%
ENDING FUND BALANCE
EQUIPMENT FUND
BEGINNING FUND BALANCE
$ 71,680
$ 5,748
$ 5,748
$ 5,748
$ 8,633
$ 2,885
50.19%
REVENUES
12,285
-
-
-
$ -
-
OPERATING TRANSFERS -IN
-
118,762
118,762
$ (118,762)
-100.00%
EXPENDITURES
78,217
118,762
115,877
118,762
100,00%
OPERATING TRANSFERS -OUT
-
$ 5,748
$ 5,748
$ 5,748`
$ 8,633
$ 8,633
$ 2,885
50.197
ENDING FUND BALANCE
STREET FUND
BEGINNING FUND BALANCE
$ 230,539
$ 79,639
$ 93,420
$ 93,420
$ 158,453
$ 65,033
69.61 %
REVENUES
67,544
139,285
112,200
87,000
133,000=
$ 20,800
18.54%
OPERATING TRANSFERS -IN
200,000
280,000
328,000
328,000
245000`
$ (83,000)
-25,30%
418,444
405,505
442,711'
349,966
411,6012
31,709
7,16%
EXPENDITURES
OPERATING TRANSFERS -OUT
-
-
$ 79,639
$ 93,420
$ 90,908
$ 158,453
$ 125,451'
$ 34,543
38.00%
ENDING FUND BALANCE
RESERVE FUND
BEGINNING FUND BALANCE
$ 1,776,380
$ 2,276,380
$ 2,276,380
$ 2,276,380
'$ 2,276,380,
$
REVENUES
-
-
-
-
$
OPERATING TRANSFERS -IN
500,000
$
-
EXPENDITURES
OPERATING TRANSFERS -OUT
400 000 -
400,000
$ 2,276,380
$ 2,276,380
$ 2,276,380
$ 2,276,380
$ 1,876,390
$ (400,000)
ENDING FUND BALANCE
TREE FUND
BEGINNING FUND BAI..ANCE
$ 83,322
$ 16,932
$ 23,770''
$ 23,770
$ 24,674'
$ 904
3.80%
REVENUES
39,678
9,700
1,082
- 'M
$ 1,000
-
OPERATING TRANSFERS -IN
-
$
106,068
2,862
15,000
178
15,000'
0.00%
EXPENDITURES
OPERATING TRANSFERS -OUT
$ 16,932
$ 23,770
$ 8,770
$ 24,674
'$ 10,674-
$ 1,904
21.71%
ENDING FUND BALANCE
CAPITAL PROJECTS FUND
BEGINNING FUND BALANCE
$ 1,327,938
$ 1,483,060
$ 1,538,868
$ 1,538,868
'$ 1,345,948
$ (192,920)
-12.54%
REVENUES
414,736
494,903
518,647
418,647
: 542,084
23,437
4,52%
OPERATING TRANSFERS -IN
330,000
100,000
100,000
200,000
100,000
100.00%
EXPENDITURES
259,615
769,095
1,753,583 `
711,567
2,042,477--
(288,894)
-16.47%
OPERATING TRANSFERS -OUT
$ 1,483,060
$ 1,538,868
$ 403,932
$ 1,345,948
'$ 45,555
$ (358,377)
-88.72%
ENDING FUND BALANCE
TOTAL ALL FUNDS BUDGET
BEGINNING FUND BALANCE
$ 6,329,536
$ 7,024,759
$ 6,263,111,
$ 6,263,111
$ 5,351,933
$ (911,178)
-14,55%
REVENUES
6,090,691
5,009,173
5,501,118
4,989,597
5,717,418'
216,300
3,93%
OPERATING TRANSFERS -IN
700,000
610,000
546,762°
546,762
645,000"
98,238
17,97%
EXPENDITURES
5,395,469
5,770,822
7,422,859'
5,900,775
7,435,595
(12,736)
-0.17%
OPERATING TRANSFERS -OUT
700,000
610,000
546 762
546,762
- 645,
98,238
-17,97%
$ 7,024,758
$ 6,263,110
$ 4,341,370`
$ 5,351,933
t$ 3,633,756'
$ (707,614)
-16,30%
ENDING FUND BALANCE
1/5/2011
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ITEM OB-6
Medina City Council Regular Meeting (Staff Responses to #3 are underlined on pages 2-4 below)
Monday, December 13, 2010
Agenda Bill
As proposed by Council Member Whitney
Subject: 2010 Budget Amendment and 2011 Preliminary Budget
1. PROPOSED HOUSEKEEPING ITEMS FOR THE 2011 BUDGET, AS PRESENTED
A. Eliminate the two transfers out of the Reserve Fund. The ending fund balance in the General Fund
will be significant enough to handle the GAP, even if the following proposals are not adopted. That
leaves the designated Reserve Fund intact.
B. Move the Proposed Consultant contracts currently included as a line item under Professional
Services in the "Legislative Department" to the same line item in the "Executive Department" to more
adequately reflect sometimes regular, and sometimes special, but necessary cost to the City rather
than a direct cost of the council.
Debit: BARS 001-000-000-513-10-41-00 $18,700.
Credit: BARS 001-000-000-511-60-41-00 ($18,700.)
2. PROPOSED AMENDMENT TO THE 2010 BUDGET
A. The 2010 budget, as adopted last year, allowed for an anticipated Operating GAP of $686,805. With
all accounts closed as of 11/30/10, we have an actual Operating GAP of only $354,240. If all funds are
disbursed as allowed by the most recent forecast as presented by the City Manager the Operating GAP
by year end will be $716,932. While I do not believe that all of these expenses will be realized, as the
budget currently stands, they are authorized. The following budget amendment will reduce that
authorization per legislative action.
Credit
General Fund
Police Dept
$ 120,000
Credit
General Fund
Central Services
50,000
Credit
General Fund
Legal Dept
15,000
Credit
General Fund
Municipal Court
15,000
Credit
Street
15,000
Credit
General Fund
Emergency Preparedness
10,000
Credit
General Fund
Parks Department
5,000
Credit
General Fund
Legislative
5,000
Credit
General Fund
Lifeguard Program
630
$ 235,630
ITEM OB-6
3. PROPOSED ADJUSTMENTS TO THE PRELIMINARY 2011 BUDGET AS
PRESENTED
A. General Fund — Legislative Services
Reduce the amount donated to Medina Days from $7,500 to $5,000.
Credit Medina Days BARS 001-000-000-511-60-49-10 ($ 2,500.)
Impacts on Medina Days:
Will reduce the support of fireworks, portable toilets and mailings
B. General Fund — Municipal Services
Reduce the line items for Public Defender and Muni Court — Non Traffic divided,
between them by $14,000 to reflect more accurately the expected actuals based
on prior years.
Credit Public Defender BARS 001-000-000-512-50-41-20 ($ 3,000.)
Credit Muni Court non -traffic BARS 001-000-000-512-50-51-10 ($ 11,000.)
Impacts to Police Department: These 2011 changes are accepted by Police.
C. General Fund- Executive
Renegotiate the City Manager's current contract effective 1/1/2010 and also
require that the CM take over the responsibility of negotiating the Solid Waste
Contract as well as the 2011 Labor Negotiations, thus eliminating those specific
consultants.
Credit Salaries & Wages BARS 001-000-000-513-10-11-00 ($ 5,000.)
Credit Car Allowance BARS 001-000-000-513-10-21-50 ($ 4,800.)
Credit Professional Services BARS 001-000-000-513-10-41-00 ($ 15,000.)
Impacts to Executive:
Will require the contract to be renegotiated retroactively.
D. General Fund — Finance
Eliminate the proposed increase of a % time FTE.
Credit Salaries & Wages BARS 001-000-000-514-10-11-00 ($ 25,000.)
Impacts to Finance Department:
Will not be able to maintain current finance service levels. Prior to this
support, mistakes were found regarding W2's. Retirement Reporting and the
2008 Annual Report Filing. It is more cost effective to do it right on the front
end, then to pay the cost of penalties and additional work on the back end.
If cut, impacts to Finance will be an addition of 45 hours per month working on
Retirement Reporting reconciliation project, data entry (instead of research
and reconciliation), and bank/cash reconciliations.
E. General Fund — Central Services
Add back funding for general office supplies and equipment repair to reflect
ITEM OB-6
more accurately the costs to run an office efficiently especially with the old
copiers etc that are being moved around.
Debit Office & Operating Supplies BARS 001-000-000-518-10-31-00 $ 4,000.
Debit Repairs & Main — Equipment BARS 001-000-000-518-10-48-00 $ 4,000.
Impacts to Central Services: These 2011 chanties are accented by Rachel Baker
F. General Fund — Police Department
Postpone the purchase of the new police vehicle, resulting in an increase to the
repair and maintenance for autos and reduce funding of travel and training
expense.
Debit Repair & Maint — Autos BARS 001-000-000-521-20-48-10 $ 10,000.
Credit Travel & Training BARS 001-000-000-521-20-43-00 ($ 4,000.)
Credit Automobiles BARS 001-000-000-521-20-64-50 ($ 45,280.)
Impacts to Police Department: These 2011 changes are accepted by Police.
G. General Fund — Emergency Preparedness
Either renegotiate the consultant contract or reduce hours based on current
contract.
Credit Prof Serv— EP Coordinator BARS 001-000-000-525-60-41-00 ($ 5,000.)
Impacts to Police Department: These 2011 changes are accepted by Police.
H. General Fund — Recreational Services — Lifeguard Program
Eliminate the $1/per hour raise included in the budget based on council policy
directive of no salary increases in 2011. Amount is estimated here, exact amount
to be determined.
Credit Salaries & Wages BARS 001-000-000-574-20-11-00 ($ 1,000.)
Credit Overtime BARS 001-000-000-574-20-12-00 ($ 300.)
Impacts to Police Department: These 2011 changes are accepted by Police.
I. General Fund — Parks Department
Line item appears to be a catch all for many different uses. Due to economic
constraints leave it to the City Manager and the Public Works Director to
prioritize the uses based on the following reduction.
Credit Professional Services BARS 001-000-000-576-80-41-00 ($ 20,000.)
Impacts to Parks Department:
If ($20K) is cut from the Parks Budget, we will not do the 2011 Salmon
Incubation ($2,500), the Backboard for Fairweather Park ($7,000), or irrigation
at Medina Beach Park (10,000).
J. General Fund —All departments and Street Fund
The items listed above generate a net reduction in operating expenses of
$123,880. If all are adopted, there would still remain a $93,905. Operations GAP.
ITEM OB-6
To fill the remaining GAP while keeping reserves intact until after the completion
of the City Hall remodel would require the adoption of roughly two furlough
days per month for all non -police staff. Council was quoted by the City Manager
that each furlough day (for non -police staff) would result in a savings of $4,000.
Credit Furlough savings as quoted for 24 days ($ 96,000.)
"Furloughs for Union Employees will need to be negotiated through Union
Contracts
General Information: $96,000 reduction in salary for 13 employees represents
a 9.2% salary cut, which is an average of $7,400 reduction in salary per year, or
$615 per month, per employee.
Impacts to Finance:
• 24 less workdays or 192 hours per year.
• Fewer Accounts Payable check runs
• Risk of late payments/fees
• Longer response times for requests.
• Will increase the materiality threshold for what is researched &
reported.
• Bank (cash reconciliations) will not be performed in a timely manner
Impacts to Central Services:
• 24 less work days per year.
• Delayed implementation due to labor contracts: two of three staff are
represented.
• Reduced services, including:
• Phones set to auto answer/night service
• Reduced front counter attendance / services provided (passports notary,
general inquiries, permitting, licensing, etc.)
• Reduced/limited back up assistance to development services
• Back log of records maintenance, including filing, scanning maintenance
destruction, posting to website and delivering electronically
• Website updates delayed
• Reduced newsletter issues
• Reduced city hall business days
• Reduced administrative support to city departments, boards &
committees
• Delayed response times to public records requests
• limited availability for research inquiries and accomplishing department
goals & proiects
• public noticing effort impacts
Impacts to Development:
ITEM OB-6
Furlough's will have the following impacts on development services:
• Reduced, or potentially loss of ability to provide Clyde Hill with
building official duties. This represents lost revenue of $21000.
• Delay implementation of comprehensive zoning code update and
processing comprehensive plan amendment as staff resources must
prioritize shoreline master program update to meet state mandated
deadline in December.
• Potential delay in implementing new permit tracking software
depending on workloads.
• Timeline for processing permits will increase.
• Potentially longer timelines to follow up on citizen complaints and
customer service questions
Impacts to Parks & Public Works:
Furloughs to Parks & Public Works would represent 960 manhours. In addition to
the shifting of maintenance activities to accomplish the 2011 work plan that
includes renovation of the maintenance shop by ATC, City Hall construction
project management, NE 12th/lake Washington Blvd Traffic Safety Improvements,
84th Ave NE corridor concept development and design, WSDOT SR 520 design
coordination, and moving of staff back into City Hall, the department would need
to curtail maintenance items as follows:
• reduce park mowing to every other week
• reduce park weeding, bed maintenance and pruning
• reduce trail maintenance and invasive weed removal
• reduce street right-of-way vegetation maintenance planter weeding,
pruning and mowing by half
• reduce support to other departments such as elimination of posting of
development/construction notices; retrieval of record from
storage; eliminate park waste receptacle replacements
ITEM OB-7
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: COUNCIL RETREAT AND MEETING SCHEDULE
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
In 2010 Council met for 12 regular meetings on the second Monday of every month. Study sessions
were scheduled on an as needed basis when there were one or more topics that needed to be
discussed in more depth. There were a total of six special sessions in 2010 outside the regular
meeting day.
In 2008 and 2009 Council met with a facilitator during the month of March in a retreat setting (St.
Thomas) to discuss Council relations and strategic goal setting. Prior to this staff, who were here,
didn't think Councils met for a retreat every year.
BUDGET/FISCAL IMPACT: N/A
STAFF RECOMMENDATION: Discussion of meeting schedule and retreat. Study sessions on an "as
needed basis" would be the most efficient way to coordinate our limited meeting room capacity at this
time.
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: A MOTION TO CHANGE THE EXISTING SCHEDULE TO A NEW SCHEDULE
WILL BE NEEDED IF COUNCIL DECIDES TO MAKE A CHANGE.
ITEM OB-8
9 MEDINA CITY COUNCIL
2011 AGENDA/ACTION CALENDAR
Meetings scheduled for 6.30 pm, unless noticed otherwise.
Other Business
2011 Council Retreat and Meeting Sche
Other Business
2011 Draft Legislative Agenda
Other Business
2011 Council Committee Assignments
Other Business
2011 Regional Committee Assignments
Other Business
2011 Planning Commission Work Plan
Other Business
2011 Budget Discussion
Consent Agenda
Call for Bids: NE 12 St
Consent Agenda
Snohomish County Jail Contract
Consent Agenda
Ordinance Adopting 2011 Energy Code
Other Business Wireless Communications Facility Lease for Fairweather
Other Business 2011 Park Board Work Plan
Other Business 2010 Year End Finance Report
Other Business Contract Award: NE 12 St
Other Business
Other Business Appointments to Planning Commission Positions 2, 4
Other Business Appointments to Civil Service Commission Position 1
Other Business Appointments to Park Board Positions 2, 5
Public Hearing Six Year CIP/TIP (2012-2017)
Public Hearing Comprehensive Plan Amendment for Streetscapes
Other Business Adoption of Six -Year CIP/TIP and Resolution
Other Business Comprehensive Plan Amendment for Streetscapes
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ITEM OB-8
MEDINA CITY COUNCIL
2011 AGENDA/ACTION CALENDAR
Meetings scheduled for 6.30 pm, unless noticed otherwise.
Other Business 2012 Draft Preliminary
Other Business 2012 Franchise Fees
Other Business 2012 Utility Fees
Other Business 2012 Draft Preliminary Annual Budget
Other Business 2012 Franchise Fees
Other Business 2012 Utility Fees
Public Hearing
2012 Property Tax Levy
Public Hearing
Shoreline Master Plan
Other Business
Adoption of Property Tax Levy Resolution
Public Hearing
2012 Annual Budget and Salary Schedule
Public Hearing 2012 Annual Budget and Salary Schedule
Adoption of 2012 Annual Budget and Annual Budget and
Other Business Salary Schedule Ordinance
Other Business City Manager Employment Agreement