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HomeMy WebLinkAbout04-11-2011 - Agenda PacketMEDINA, WASHINGTON MEDINA CITY COUNCIL MEETING AGENDA St. Thomas School, Commons Room 8300 Northeast 12 Street, Medina MONDAY, APRIL 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 6:30 PM ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA PUBLIC COMMENTS At this time, citizens may address the City Council regarding any issue 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 a. State Route 520 Update RA-3: Advisory Boards/Commissions/Committees RA-4: City Manager/Staff a. 2010 Accomplishments 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 March 14, 2011 City Council Regular Meeting Minutes CA-2: Approval of March 28, 2011 City Council Special Meeting Minutes CA-3: Approval of March, 2011 Check Register CA-4: Receipt of January 25, 2011 Planning Commission Meeting Minutes CA-5: Receipt of February 16, 2011 Planning Commission Meeting Minutes CA-6: Receipt of February 28, 2011 Park Board Meeting Minutes CA-7: Receipt of January 19, 2011 Emergency Committee Meeting Minutes CA-8: Ratification of Austin and Rohrbach Settlement Agreements CA-9: Adoption of 2011 City Council Strategic Goals and Ground Rules OTHER BUSINESS OB-1: State Route 520 Construction Easement and Temporary Park and Ride Lot OB-2: City Council Review of Hearing Examiner Qualifications OB-3: City Council Agenda Calendar ADJOURNMENT Next Regular Meeting - Monday, May 9, 2011; 6:30 pm St. Thomas School, Commons Room 4 SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOXI Visit www.medina-wa.gov and click on E-Notice Program. Medina City Council April 11, 2011 Page 2 of 2 ITEM RA-4 CITY OF MEDI NA Office of the City Manager Date April 11, 2011 To: Mayor and City Council From: Donna Hanson, City Manager Subject: 2010 in Review For the second year the management team would like to present this brief overview of the work that was accomplished during the prior year. We can't include everything, but we do need to remind ourselves that Council and staff accomplished a great deal for the citizens of Medina. A comment made by a newly elected Council member early last year was something along the lines of feeling like they were "drinking from a fire hose." That was definitely how it felt to staff as well. We have a great team and look forward to the work ahead of us in 2011. Numbers in Brief • 274 permits were issued and 847 inspections were performed • 4500 calls for police service in Medina and Hunts Point • Processed 324 passport applications • 3800 hours spent maintaining 31 acres of city parks • 39 agenda packets and minutes for park board, planning comm., and city council • 2100 hours maintaining 14 miles of streets and 16 miles of storm drains • Processed 47 animal license applications • Performed approximately 53 notarizations • Fulfilled approximately 146 public records requests • Provided over 416 incidents of IT support to various city departments • Issued 31 E-lerts to 1112 subscribers • Implemented GovDelivery and grew from 0 to 530 subscribers • Published 60 public meeting notices, 21 legal notices, and 27 ord. and res. • Conducted 69 oral boards for police applicants • Paid $3M in expenses with 1,250 Accounts Payable Checks • Processed 780 payments for $2.7M in payroll, benefits, and taxes • Coordinated Special Event Permit application process for 16 events • 16,230 GovDelivery email notifications sent • 1400 hours on parks, streets, sidewalks, storm drains, and building projects • 300 hours on building maintenance and repairs 0 800 hours to prepare temporary City Hall and move staff ITEM RA-4 PROGRESS TOWARD COUNCIL STRATEGIC GOALS Highway 520: Protect Medina's interests impacted by the SR 520 construction project including but not limited to lid design, tolling, transit, park and ride, noise walls, access to Seattle via 84 and control of land use adjacent to the SR 520 right-of- way WSDOT awarded a Design -Build contract to Eastside Corridors Constructors (ECC) for the Eastside SR 520, Medina to SR 202 design and construction project. Under agreement with WSDOT the Points Communities will be involved in the design for project in collaboration with the design -build contractor. Initial introductory meetings and discussions were initiated in December of 2010. The project will include sound walls; freeway lids with open space parks at Evergreen Point Road, 84th Ave NE, 92nd Ave NE, Bellevue Way, and 108th Ave NE; transit stations with access from the freeway lids at Evergreen Point Road and 92"d Ave NE; a regional trail along the freeway alignment; and retention of the Points Loop Trail. The project timeline extends from 2010 through 2014. • Reviewed and responded to a variety of issues such as, the tolling proposal, 841h and 92nd Ave NE ramp configurations, draft technical reports associated with the Environmental Impact Statement for the bridge replacement, drainage and freeway storm water facilities, project impact and mitigation, and draft environmental assessment documents. • Staff attended over thirty meetings to receive information and provide input related to SR520 construction and design features, such as freeway lids and landscaping, sound walls, pathway alignments, transit stations, off and on -ramp configurations, Park & Ride facilities. Public Safety: Reach a full complement of police staff and promote public safety through policies that support education, emergency preparedness, and effective and efficient use of technology in order to maintain a safe and secure community • Received over $46,697 in State grant money for overtime reimbursement associated with previous Officers sent to the Police Academy. • In 2010, Medina had 52 Felony Cases and 28 Misdemeanor Cases (total 80). Overall Crime Rate reduced by 20% from 2009. • Vehicle Prowls in 2010 decreased by 64% from 2009. Another significant reduction in crime is Auto Theft (includes recovery of stolen vehicles reported by outside agencies) by 75%. • As with surrounding agencies, Identity Theft increased by 64% from 2009 (23 in 2010 from 14 in 2009). Shredder Day as a crime prevention program will be sponsored in spring of 2011. • In 2010, Medina officers implemented the Washington State Patrol TARGET ZERO program, and issued 331 tickets for speeding, compared to 136 in 2009, which is an increase of 59%. During the fourth quarter of 2010, drivers have decreased speeding considerably. ITEM RA-4 • There are approximately 500 Home Security systems registered with Medina Police Department in 2010 and over 111 homes with security gates installed sub -master locking systems for both police and fire emergency personnel access. There is a 4% increase in false alarms since 2009, with 375 in 2010. • In 2010 all six lifeguards were certified in Waterfront Lifeguarding, as required by the American Red Cross. Medina Beach is one of the few Beaches in the Eastside qualified in waterfront lifeguarding. • Per the MMC 2.84.010, continued to train the emergency response team of directors and staff who are directly responsible for resources and response during emergencies. Trained all city employees for emergency preparedness at home, first aid, CPR and AED response. Local Traffic: Develop a plan and implementation strategies for traffic safety and calming, which may include more visible entry points into the city, to discourage speeding and cut -through traffic and encourage safe pedestrian and bicycle access Completed the design and bid document preparation for the NE 12th Street / Lake Washington Blvd corridor traffic safety improvements that include a City Gateway sign and custom street light to be placed in a median island at Lake Washington Blvd and 881h Ave NE, a two way left turn lane from 88th to 86th Ave NE, and a center median at 86th Ave NE. The corridor study completed in 2009 included a public open house for residents along the corridor to view proposed corridor improvements and provide their input. The recommended plan based on comments from the residents was presented to the City Council and approved for implementation. The contract will be awarded in March 2011 with construction to be completed by fall. Facilities and Infrastructure: Develop and implement a capital improvement plan that identifies needed projects and financing strategies for city hall remodel, public works shop facilities, park expansion, underground utilities, pedestrian walkways and trails, and storm water improvements • Completed mapping of the City storm drainage system. The computer mapping was accomplished to define the system and for scheduling maintenance of the system. The mapping project was accomplished under a $50,000 grant from the Department of Ecology. A required sign inventory and mapping of street signs was also completed in conjunction with the field mapping effort. The City Hall remodel project that began as a building renovation project in 2008 was finally approved to include 15 foot additions to each end of the building. The effort that included a building condition survey, space needs study, architect design and permitting, bid document preparation, value engineering cost analysis and funding approval finally achieved a milestone step with the start of construction in November of 2010. Retained a construction manager to oversee the construction and serve as the project architect. His efforts on behalf of the City have kept the project moving forward within the allocated budget in spite of unplanned defects found in the old structure. • The project also included the preparation and installation of temporary City Hall offices at the St Thomas Church parking lot for the duration of the construction which is scheduled for completion in July of 2011. ITEM RA-4 In preparation for the move out of city hall into temporary offices, a great deal of time and effort went into the sorting, packing, organizing, archiving and disposition of old files and boxes. The actual move came off very smoothly over a Friday and Monday, but at least a month or more prior was spent sorting and packing a lot of dirty old stuff. American Tower Construction (ATC) applied for permission to place remote antennae on poles in various locations in the City to provide improved public wireless communications coverage. The hub for their equipment is proposed to be located at the City Shop. Under their proposal the Shop building will be enlarged to a two story structure over 1/3 of the building and the lower floor will be improved to provide an office for Public Works employees and improved working areas and storage for equipment. The project is expected to be approved by Council and will be accomplished by the summer of 2011. Land Use: Ensure that Medina's Comprehensive Plan, building and zoning codes protects the natural suburban environment and the quality and character of the city through processes that are clear and well understood and serve both owners and neighbors • Held 10 public hearings on project -related permits. • Continued success with the inter -local agreement with Clyde Hill for shared building official and building inspection services. • Adopted the 2009 Washington State Building Codes and Energy code. • Successfully negotiated lease and franchise agreement with ATC for installment of a Distributed Antenna System. • Began implementing new permit tracking software and then placed on hold awaiting updates to next generation of software. • Issued permits for remodeling and expanding the City Hall building. • Held a public open house for updating the shoreline master program. Notice was sent to everyone in the community. • Completed fee study evaluating the recovery of costs related to development services. The study supported revisions to the fees charged for development related services. City Council adopted the following development related ordinances: o Ordinance No. 848 revising code enforcement procedures and adding authority to issue citations o Ordinance No. 850 adding allowances for temporary government facilities; o Ordinance No. 853 adding advanced consultant deposits and a building valuation table; o Ordinance 854 adding lot line adjustment procedures and notice requirements for short plats; o Ordinance 855 consolidating project -permit review procedures, updating legislative review procedures and adding new review procedures for comprehensive plan amendments; o Ordinance 857 adding authority for the City Engineer to mitigate construction impacts to City streets; o Ordinance 859 adopting new interim arterial street design standards; o Ordinance 865 revising regulations relating to nonconforming lots, uses and structures ITEM RA-4 ADMINISTRATIVE AND FINANCIAL SUPPORT TO THE COUNCIL PRIORITIES • Management and disposal of City records according to the State retention guidelines. Including a month long project that involved reviewing and destroying boxes of outdated accounting reports that had been in storage for many years. • Coordinated, set up and took down numerous onsite and offsite public and staff meetings and events. • Drafted personnel guidelines for legal review. Completed WCIA personnel audit. Negotiated and implemented VEBA benefit with Office -Clerical bargaining group. Coordinated quarterly staff trainings and meetings. • Settled the 2004-2007 W2 issue with IRS for amount owed relating to past years of underreported Wages, Tips & Other Compensation. • Implemented Financial System Software Conversion from ASP to Vision for Financials, Payroll and Cash Receipts Modules. • Published 2010 Budget Document. Closely monitored 2010 Expenditures and began 2011 budget reviews in August. Implemented Utility, Franchise Fee and Leasehold Excise Tax Ordinances and adopted 2011 Budget in December. • Researched contacts for Utility Tax and Franchise Fees for each Utility in Medina. Obtained 2010 Revenue numbers and provided analysis to Council as part of 2011 Budget Planning Process. • Completed 2009 Annual Report and Revised 2008 Annual Report. Completed Accountability Audit of 2008 and Financial Statement Audits for 2008 & 2009 with no findings. Prior audit recommendations were resolved. • City Hall Project: Provided financial oversight for 92 invoices and $490K in Expenditures. Worked with City Hall Construction Manager to closely monitor project expenses. COMMUNITY OUTREACH • Delivered expanded and continuous updates of news, information and public documents available to users of City website and File Pro records repository, including city council meeting audio, development services and public meeting tables, shoreline master and comprehensive plan updates. • Held five public hearings related to development of the 2010 budget and capital improvement plan between June through December 2010. • Community input from the mailed newsletter survey led to a migration from a printed newsletter to quarterly electronic newsletter and electronic notifications starting in 2010. • Enhanced communications systems with new telecommunications service provider and improved phone support by bringing system controller in house. • Hosted toy drive for Childhaven during Christmastime collecting over 30 gifts. CITY OF MEDINA 8398 NORTHEAST 12 STREET I PO BOX 144 1 MEDINA WA 98039-01" TELEPHONE 425-233-6400 1 www.medina-wa.gov April 6, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Rachel Baker, Central Services Director Subject: Central Services Department Monthly Report April Public Meetings City Council Hearing Examiner Park Board (open house) Planning Commission Monday, April 11 6:30 pm Tuesday April 19 4:30 pm Monday, April, 18 6:00 pm Tuesday, April 26 6:30 pm ITEM RA-4 St. Thomas School, Commons Room St. Thomas Church, Music Room St. Thomas Church, Music Room St. Thomas Church, Music Room Meetings are publicly noticed on the City's three official notice boards, City website, and via Gov Delivery. Occasionally notices require publication in the City's official newspaper, The Seattle Times. Public meetings scheduled after publication of this report will be posted to the City's website. Advisory Boards/Commissions/Committees Position Recruitment The application period was initially posted and publicized beginning January 6, re -posted March 2, and re -opened again April 5. To date, six applications [Park Board (2), Civil Service Commission (3), and Planning Commission (1)] have been received. Expiring full term vacancies include: Park Board Positions 2 and 5 Planning Commission Positions 2 and 4 Civil Service Commission Position 1 Term 7/1/2011through 6/30/2015 Term 7/1/2011through 6/30/2015 Term 7/1/2011through 6/30/2017 The City Council is scheduled to confirm appointments to the Park Board and Planning Commission during its June meeting. The city manager is responsible for appointing to the Civil Service Commission. Public Records Requests Approximately 75 public records requests have been received by the clerk's office between January 1 and April 6. Ten requests, one of which was received in 2010, remain in process. Approximately 31 requests were received by this date in 2010. Passports City staff has taken in 100 passport applications between January 1 and April 6, an increase of 32 since last month's report. The uptick is attributed to families applying during school spring break. Responding to an increase in general passport inquiries in person and by phone goes hand in hand with this recent surge. Applications are accepted between gam and 4pm, Monday through Friday. Appointments are not required, but highly encouraged to best serve applicants. Information on the application process can be found here http://travel.state.gov/passport/passport 1738.html. ITEM RA-4 Community Communication Efforts Subsequent to Council's March 28 retreat discussion the following modifications will be integrated as part of the City's 2011 communication efforts in an effort to achieve communication goals and to better reach, engage and educate citizens and other civic participants within the community. 1. Continue current communication methods: A -board signs, banners, posters, Citizen Help Desk, City website, E-lerts, E-notices, File Pro, Gov Delivery, informational brochures, monthly and annual reports, paid legal notices, periodic direct mailing, press releases, public hearings, public meetings, publicly posted notices. 2. Incorporating the following: a. Monthly postcard mailing to all Medina addresses replacing quarterly newsletter. (The first postcard was received in mailboxes March 23 and mailings are planned to continue once per month during 2011.), b. Highlighting monthly postcard on home page of City's website, linking headlines into website for detailed information, c. Adding and maintaining current, relevant and regular news headlines on City's home page with fixed links for viewing remainder of item, d. Strive to increase Gov Delivery subscription base and email alerts to subscribers, e. Install public access terminal at city hall to assist those without Internet access and to ease electronic filing of service requests and researching electronic records. GovDelivery E-Notice Program Department staff is planning to attend a Washington GovDelivery user group event in Bellevue on April 28 to discuss best practices, what's new, and unique ways to use the GovDelivery service. Promised to us is an informative discussion on topics such as automation, ROI, effective promotion tactics, how to maximize subscriber sign-ups, and a preview of the exciting updates coming to the GovDelivery admin interface. Since the March department report, 33 notices were issued via GovDelivery: Public meeting notices (4), development notices (5), meeting audio (1), 2011 council action calendar (1), agenda packets (5), approved meeting minutes (3), city news (14). City Website Staff is endeavoring to increase the variety and improve accessibility of information available on the website each month. We continue to receive compliments from users on the visual appeal and amount of records and material already available on the website for a city of our size. wi► SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.eov and click on E-Notice Program. 2 ITEM RA-4 CITY OF MEDINA Office of the City Manager April 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: The Planning Commission discussed a code amendment to allow off -site accessory uses and buildings. This amendment was originally included in the comprehensive zoning code update, but was separated to allow faster processing. There was a consensus to schedule the code amendment for a public hearing at the April meeting. The majority of the meeting was spent on introducing the shoreline master program update to the commissioners. The two shoreline consultants attended the meeting and provided background information on the state guidelines and the shoreline analysis report. Discussion continued with a review of the Goals and Policies document where revisions to the vision statement were proposed as well as potentially controversial language being identified by the commissioners. The discussion was continued to the April meeting. Hearing Examiner Decisions: • No. T-2892. Non -administrative Tree Removal/ Trimming permit to trim trees along the approximate 3.3 mile route where overhead fiber optic cable for the Distributed Antenna System is proposed to be attached to utility poles in the public rights -of -way. The applicant is Asplundh Tree Experts for ATC Outdoor DAS. The Hearing Examiner approved the application subject to 10 conditions. • No. T-2884. Non -administrative Tree Removal/ Trimming permit to trim trees in the public rights of way along N.E. 28th Street and along Overlake Drive East. The applicant is Asplundh Tree Experts for Puget Sound Energy. The Hearing Examiner approved the application subject to 10 conditions. Land Use Administrative Decisions: • Issued shoreline exemption for bulkhead repair. Address: 1445 Evergreen Point Road. ITEM RA-4 • Issued a Determination of Nonsignificance (DNS) (File No. G-2901) for the excavation of approximately 870 cubic yards of earth and importing approximately 300 cubic yards of fill material. Address: 8448 Midland Road. Land Use Decisions Issued For 2011: Type of Decision 2011 YTD Variances/ Minor Deviations 0 SEPA 1 Conditional Uses/ Special Uses 2 Substantial Development Permit 0 Lot Line Adjustments 0 Short Subdivisions 0 Site Plan Reviews 0 Wireless Facilities 2 Non-admin Tree Remove/ Trim 2 Land Use Applications Received in February: Case Number Description of Permit Location TUP 276 Temporary placement of a wireless Evergreen Point Road communication facility by T-Mobile Park & Ride SEPA Repair of a bulkhead 643 Evergreen Point Road SDP 2011-01 Substantial development permit 3616 Evergreen Point Road to install a boat lift Building/ ROW Permit Applications Received — Mar 1 through Mar 31, 2011: Building Permits: 8 Grading/ Drainage 1 Demolition Permits: 1 Fence: 1 Mechanical: 4 Reroof: 0 Fire Sprinkler: 1 Right-of-way Permits 10 T 26 Building Permits Issued in February 2011: See Attached. Other Items of Interest: Shoreline Master Program Update. The public notice seeking input on the Shoreline Goals and Policies document produced one written response expressing concerns about their property investment being impacted by new shoreline restrictions. SR 520 Permit Update. Washington State Department of Transportation expects to issue a Final Environmental Impact Statement for the bridge replacement segment of the SR 520 project in June. While we wait for this action, the state has been 2 ITEM RA-4 coordinating with City staff to prepare their application submittals for shoreline permits. As part of this effort, public access to the shoreline is being discussed due to this being a requirement of shoreline permits that require final approval from Ecology. During the February 15 council meeting, WSDOT advanced two possible options for public access involving the construction of a pedestrian trail and viewing platform. At the time, the City Council requested for WSDOT to conduct some public process with the neighborhood. Subsequent to the meeting, WSDOT's analysis of the options is showing the alternative on the north side of the bridge to not be a very good choice due to limited views because of topography. Additionally, WSDOT indicated concerns about a public process raising expectations that it was a design review process when WSDOT wasn't seeking design input. As a compromise, WSDOT agreed to perform a public outreach to educate and seek input about neighborhood concerns. They will set up a website with information and send notice to the community about the website and how to contact them for more information. As an extra effort, neighbors within 500 feet will receive additional notification. Fairweather Wireless Support Structure. Staff discussed with Independent Towers the outlines of a process to determine an acceptable design for a permanent support structure at the park. Independent Towers is developing four design options: 1. Flag pole (antenna would be inside); 2. "Slick Stick'— similar to the existing T-Mobile pole nearby; 3. Pine Tree; and 4. Clock tower. The options with supporting information will be posted on the City's website and notice will be sent to the community seeking input. The options and any public input received will be presented to the Council at a meeting in May or June. 3 ITEM RA-4 Permit Report February, 2011 2011 2010 Current Current 2011 2010 Month Month YTD YTD Difference Construction Value New Construction 0 0 0 0 0 Permit Renewals 0 2,100,000 0 3,400,000 (3,400,000) Addition / Alteration 361,968 309,000 1,381,968 811,500 570,468 Accessory Structure 90,000 54,000 140,000 99,000 41,000 Repair / Replace 0 33,000 0 33,000 (33,000) Fence/Wall 20,000 10,500 20,000 10,500 9,500 Mechanical N/A N/A N/A N/A N/A Fire Sprinkler 9,700 36,060 9,700 36,060 (26,360) Wireless Comm Facility 0 0 0 0 0 TOTAL VALUE 481,668 2,542,560 1,551,668 1 4,390,060 2,838,392 Permits Issued New Construction 0 0 0 0 0 Permit Renewals 0 1 0 2 (2) Addition / Alteration 1 1 3 3 0 Accessory Structure 1 1 2 3 (1) Fence/Wall 1 1 1 1 0 Demolition 1 1 2 1 1 Grading/Drainage 0 0 1 1 0 Tree Mitigation 0 0 1 0 1 Mechanical 2 1 7 4 3 Fire Sprinkler 1 3 1 3 (2) Other - Moving 0 0 0 0 0 Reroof 0 1 0 2 (2) Repair / Replace 0 2 0 2 (2) Right -of -Way Use 4 3 9 11 (2) Construction Mitigation 1 0 2 0 2 Wireless Comm Facility 0 0 0 0 0 TOTAL PERMITS 1 12 1 15 29 1 33 4 Inspections Building 38 35 73 59 14 Construction Mitigation 1 0 6 0 6 Grading/Drainage 2 9 8 14 (6) Tree Mitigation 1 6 2 7 (5) Right -of -Way 19 15 22 33 11 TOTAL INSPECTIONS 61 65 111 113 (2 ITEM RA-4 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY MARCH, 2011 FELONY CRIMES Fraud (ID Theft) 2011-000511 03/04/11 7700 block of Overlake Dr Person(s) unknown compromised the victim's AOL account. The suspect tried to solicit funds from the victim's list of contacts to purchase a plane ticket. Fraud (ID Theft) 2011-000571 03/10/11 1000 block of 82nd Ave NE Victim reported several credit card accounts were compromised by an unknown person(s). All accounts were closed immediately. Fraud (ID Theft) 2011-000593 2400 Evergreen Point Rd 03/12/11 Victim reported person(s) unknown accessed her bank account, made out of state charges against the account. Her account was immediately closed. Fraud (IDTheft) 2011-000698 03/24/11 8600 block of Lake Washington Blvd Victim was notified by his investment company person(s) unknown tried to open an account using his personal information. No monetary loss. MISDEMEANOR CRIMES Theft 2011-000506 2000 block of 78d' Ave NE 03/03/11 Person(s) unknown removed UPS and FedEx packages from the front porch of the residence. Total loss: $250 Vehicle Prowl (Theft) 2011-000596 03/12/11 8000 block of 16d' Street NE (Overlake Golf & Country Club) E-lert #11-06 Between the hours of 6:00pm and 9:30pm on Saturday March 12th, unknown suspect(s) prowled a vehicle that was parked at the Overlake Golf and Country Club. The prowlers were able to access the interior of the vehicle by smashing in the rear car window. The only item taken was a purse, which was removed from the vehicle's front seat. Medina Police are investigating. ITEM RA-4 Vehicle Prowl (Theft) 2011-000759 03/30/11 2800 block of Evergreen Pt Rd (Park & Ride) Victim returned to his vehicle at approximately 7:00 pm and noted a window smashed and the in -dash radio was taken. The vehicle was locked with no alarm. Total loss: $150 OTHER BURGLARY INVESTIGATION UPDATE E-lert #11-05 The Medina Police Department's continuing burglary investigation has led to the identification of four individuals responsible for Burglaries in Medina and other surrounding communities in both King County and Snohomish County. Medina investigators recently linked this same group to an additional attempted burglary in Medina on 1/28/11 as well additional burglaries in nearby jurisdictions during the same time period. As previously mentioned in E-lert 11-01, this ring has been responsible for burglaries during the time period of November 2010 through the first week of February. Medina Police are continuing to investigate and anticipate additional individuals being charged with trafficking in stolen property. Here is a link to a recent news article published by the Everett Herald: http://www.heraldnet.com/article/20110307/NEWSO 1 /703079910 ITEM RA-4 HUNTS POINT MONTHLY SUMMARY MARCH, 2011 FELONY CRIMES Burglary 2011-000694 03/24/11 3000 block of Hunts Point Circle E-lert #11-07 At approximately 4AM on 3/24/11, unknown suspect(s) prowled a vehicle that was parked in a driveway in the 3000 block of Hunts Point Circle. Once inside the vehicle, the thieves located the owner's garage door opener which they used to access the garage. Approximately $10,000 worth of property was stolen from the garage. The owner of the residence was awakened by the door alarm and called 911. Medina and Clyde Hill Officers arrived almost immediately after being dispatched but the suspects had already fled the area. Medina Police are investigating. MISDEMEANOR CRIMES No significant misdemeanor incidents occurred during the month of March. MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report City of Medina 2011 Felony Crimes March YTD 2011 2011 Assault, Aggravated 0 0 Robbery 0 0 Sexual Assault/Rape 0 0 Burglary (inc Attempt) 0 1 Drug Violations 0 0 Fraud (ID Theft) 4 7 Vehicle Prowl 0 3 Theft (over $250) 0 2 Malicious Mischief 0 0 Arson 0 0 Auto Theft (inc Recovery) 0 1 Poss Stolen Property 0 0 Other 0 0 TOTAL 4 14 Misdeameanor March Crimes 2011 Assault, Simple 0 Malicious Mischief 0 Vehicle Prowl 2 Theft (Under $250) 1 Domestic Violence 0 Minor in Possession 0 Drug Violations 0 Poss Stolen Property 0 Total 3 ITEM RA-4 YTD Year End 2010 2010 0 1 0 0 0 0 0 9 0 1 4 23 1 6 2 7 0 3 0 0 0 1 0 1 0 7 52 YTD YTD Year End 2011 2014 2010 0 0 2 0 0 7 3 0 2 2 2 6 1 0 0 0 1 4 1 4 7 0 0 0 ? 7 28 Page 1 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT City of Medina 2011 Felony Crimes ITEM RA-4 Jan Feb 'Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Aggravated 0 0 0 0 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary (inc Attempt) 1 0 0 1 Drug Violations 0 0 0 0 Fraud (ID Theft) 3 0 4 7 Vehicle Prowl 0 3 0 3 Theft (over $250) 2 0 0 2 Malicious Mischief 0 0 0 0 Arson 0 0 0 0 Auto/Boat Theft 0 1 0 1 Poss Stolen Property 0 0 0 0 Other 0 0 0 0 TOTAL b 4, 4 0 00' 0 0 0 0- 0 0 14 Misdeameanor Crimes Assault, Simple Malicious Mischief Vehicle Prowl Theft (Under $250) Domestic Violence Minor in Possession Drug Violations Poss Stolen Property Total Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total 0 0 0 0 0 0 0 0 0 1 2 3 0 1 1 2 1 0 0 1 0 0 0 0 1 0 0 1 0 0 0 0 7 2 3 0 0 0 0 0 0 0 0 0 7 Page 2 ITEM RA-4 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report City of Medina 2011 Traffic March YTD YTD Year End ACCIDENTS 2011 2011 2010 2010 Injury 0 0 0 0 Non -Injury 2 4 2 15 TOTAL 2 ` 4 2 15 Traffic March YTD YTD Year End' CITATIONS 2011 2011 2010 2010 Driving Under Influence 1 4 14 35 *Other 8 14 32 88 Total 9 1$ 46 123 Traffic March YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 20 48 82 331 Parking 1 13 22 102 **Other 12 26 54 Total 33 87 158 433 March YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 57 185 240 1012 March YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 House Watch 36 79 60 334 False Alarms 30 92 74 375 Assists 19 60 65 293 Suspicious Circumstances 11 29 37 137 Property-Found/Lost 0 1 1 17 Animal Complaints 1 4 13 40 Missing Person 0 0 0 1 Warrant Arrests 2 6 17 47 ***Other 0 0 5 14 Total 99 - 271 272 1258 *DWLS; Fail to Transfer Title; No License **Expired Tabs; No insurance; Fail to stop; Defective Equipment ***Verbal Domestic; Vandalism; Civil Dispute; Disturbance Page 3 ITEM RA-4 MEDINA POLICE DEPARTMENT 41 Jeffrey Chen, Chief of Police YEARLY ACTIVITY REPORT City of Medina 2011 Traffic Accidents Jam Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Injury 0 0 0 0 Non -Injury 1 1 2 4 TOTAL 1 1 2 0 0 0 0 0 0 0 0 0 4 Traffic CitationsJan ' Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 2 1 1 4 Other 1 5 8 14 Total 3 6 9 0 0 0 0 0 0 0 0 0. 18 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 10 18 20 48 Parking 4 8 1 13 Other 3 11 12 26 Total 17 37 33 0 0 0 0 0 0 0 0; 0 87 Warnings Jan- Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 65 63 57 185 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 17 26 36 79 False Alarms 27 35 30 92 Assists 21 20 19 60 Suspicious Circumstance 7 11 11 29 Property-Found/Lost 1 0 0 1 Animal Complaints 2 1 1 4 Missing Person 0 0 0 0 Warrant Arrests 2 2 2 6 Other 0 0 0 0 Total 77 ' 95 99 0 0 0 0' 0 0 0 0 0 271 Page 4 ITEM RA-4 Town of Hunts Point Felony Crimes Burglary Forgery (Identity Theft) Vehicle Prowl Theft (over $250) Possession Stolen Prop Drug Violation Auto/Boat Theft TOTAL Misdeameanor Crimes Assault, Simple Malicious Mischief Vehicle Prowl Theft (Under $250) Possession Stolen Prop Domestic Violence Minor in Possession Drug Violations Total March 2011 1 0 0 0 0 0 0 1 MEDINA POLICE DEPARTMENT Jeffrey Chen, Chief of Police Monthly Activity Report Town of Hunts Point 2011 YTD YTD 2011 2010 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 Year End 2010 0 5 0 1 0 0 0 6 March YTD YTD Year End 2011 2011 2010 2010 0 0 1 1 0 0 0 1 0 0 0 1 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 10, Page 5 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police Hunts Point Yearly Activity Report � Town of Hunts Point 2011 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Burglary 0 0 1 1 Forgery (Identity) 0 0 0 0 Vehicle Prowl 0 0 0 0 Theft (over $250) 0 0 0 0 Poss Stolen Prop 0 0 0 0 Drug Violation 0 0 0 0 Auto/Boat Theft 0 0 0 0 TOTAL 0 0 1 0 0 0 0 0 0 0 0 0 1 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 0 Malicious Mischief 0 0 0 0 Vehicle Prowl 0 0 0 0 Theft (Under $250) 0 0 0 0 Poss Stolen Prop 0 0 0 0 Domestic Violence 0 0 0 0 Minor in Possession 0 0 0 0 Drug Violations 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 6 Ll��i�If_�1 MEDINA POLICE DEPARTMENT Town of Jeffrey Chen, Chief of Police Hunts Point Monthly Activity Report Hunts Point 2011 Traffic March YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 0 2 1 1 Accidents 0 0 0 1 *Other 3 7 4 31 Total '' 3 9 5 33 Traffic March YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 0 1 2 6 Parking 0 0 0 13 **Other 13 24 56 264 Total 13 25 58 283 March YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 20 44 47 193 March YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 House Watch 0 2 8 23 False Alarms 3 10 16 67 Assists 2 5 9 40 Suspicious Circumstances 1 5 5 17 Property-Lost/Found 0 0 0 1 Animal Complaints 0 0 0 4 Missing Person 0 0 0 0 Warrant Arrests 0 1 0 3 ***Other 0 0 0 1 Total 6 23 38 156 *DWLS; Fail to Transfer Title;No License **Expired Tabs; No insurance;Fail to stop;Defective Equipment ***Verbal Domestic; Harassment; Civil Dispute;Trespass Page 7 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of 9 1 Jeffrey Chen, Chief of Police Hunts Point YEARLY ACTIVITY REPORT -✓�HUNTS POINT 2011 Traffic Citations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 1 1 0 2 Accidents 0 0 0 0 Other 3 1 3 7 Total - 4 2 3 0 0 0 0 0 00 0 0 9 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 1 0 0 1 Parking 0 0 0 0 Other 9 2 13 24 Total 10 2 13 0 0 0 0 0 0 0 0 0 25 Warnings Jan Feb Mar Apr May - Jun Jul Aug Sep Oct Nov Dec Total Total 8 16 20 44 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 1 1 0 2 False Alarms 5 2 3 10 Assists 2 1 2 5 Suspicious Circumstances 3 1 1 5 Property-Lost/Found 0 0 0 0 Animal Complaints 0 0 0 0 Missing Person 0 0 0 0 Warrant Arrests 1 0 0 1 Other 0 0 0 0 Total 12 5 6 0 0 0 0 '0 0 0 0 0 23 Page 8 ITEM RA-4 CITY OF MEDINA Office of the City Manager April 7, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: March 2011 Public Works Report 1. 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. a. The framed walls were constructed for the north and south additions to the building. The roofing was removed and the roof dormer framing is progressing. ITEM RA-4 Front of City Hall with Dormers b. The Project is presently about two weeks ahead of the projected schedule. Concrete walls, south end exterior stairs, site drainage, and underground work are completed. HVAC ducts and electrical rough in work is under way, and interior framing is complete on the lower floor. 2. The SR 520 Eastside Transit and HOV Project preliminary design for the closure of the 84th Ave NE overcrossing and an interim connector roadway between 92nd and 84th on the north side of the freeway were discussed at a Mayors' meeting on March 22nd with Dave Dye (Deputy Secretary of Transportation) and Julie Meredith (520 Project Manager for WSDOT). a. Dave Dye reported that the Governor and the Chairmen of the Legislatures Transportation Committees were consulted on the feasibility of providing more funds to construct the "Fly Over" design option for the intersection at 84" and Points Drive and the freeway on -ramp. All those consulted said no additional funds are available for the Eastside Project. So the project design would be as originally proposed to replace the existing bridge with a lid and a half diamond westbound on -ramp on the north side of the lid (lid configuration and size the same as presented in the Environmental Study and in the contract awarded to the design/builders). ITEM RA-4 b. After much discussion about what possible changes could be accommodated, Dave Dye agreed that surface improvements (channelization and lane configuration modifications) could still be considered for the intersection and on -ramp. c. In a letter to Mayor Jordan dated April 1, 2011, Mr. Dye informed the Mayor that WSDOT has directed the design/builder to move forward with the roundabout design, which incorporates the best of the flying ramp design and best meets the criteria established by the Governor. The letter also listed the design elements that will be included in the roundabout and nearby project elements and a first concept rendering for the roundabout configuration (see attached letter). This initial roundabout concept will be refined to a workable solution that will improve traffic circulation and provide better access to the freeway and the communities. d. WSDOT has arranged a series of meetings with the Points Communities to revisit the WSDOT developed lid designs and go through a brief Urban Design Process for the 92nd Ave, 84th Ave, and Evergreen Point Road lids to comment on the new design/builders designs, to build ownership in the design process, to insure "no surprises" approach continues through the design process, to integrate and build on existing community identity that maintains continuity throughout the corridor, to focus on the design elements for the lids, and to maintain the project schedule and budget through effective management of the design process. The meetings are scheduled for April 11 in 181n and 25tn 3. The Eastside SR 520 design/builder is moving forward with the project initial construction phases: a. installing barrier fencing along the freeway work areas from 108ih Ave NE to Evergreen Point Bridge (April 41h through April 8tn) b. setting up freeway lane closures for survey work (April 91h through April 18th) c. preparing the Evergreen Bridge staging area that will include a westbound freeway construction off road loop ramp for truck routing from the freeway up to Evergreen Point Road and on ramp to the eastbound freeway using the existing park & ride lot as an entrance roadway to eliminate truck hauling on the City streets (April 25th through April 28tn). The construction haul road off - ramp and park & ride closure discussion are included in the Council Packet under a separate item. d. preparing to remove trees along the right-of-way (April 291n through May 6th) e. delineation of an alternate Points Loop Trail on NE 281h Street from the east cul-de-sac to the sidewalk along the north side of the street at Three Points Elementary School so the trail on the north side of the freeway can be closed. This temporary delineation will be changed to a final constructed pathway upon approval of the revised trail plan during the NEPA revision process. H ITEM RA-4 4. SR 520 Freeway closures are expected to occur on June 3rd to 5" and 17" to 20". Extensive communications will be provided prior to the closures including links to project web pages, public announcements, signage, etc. Local traffic will use NE 8th Street with the City of Bellevue monitoring and managing the traffic signal timing and WSDOT managing freeway signage and ramp signals. More news will be forthcoming as it develops. 5. NE 121h Street/Lake Washington Blvd Traffic Safety Improvement Project contracts have been signed. Construction is expected to begin this month and be completed by September. Selection and design of the gateway light standard and sign are still in process. 6. Public Works continues to prioritize their work with public safety as the first priority. A large cottonwood tree located in the public right-of-way at the southwest corner of the Three Points Elementary School fell onto the street and was removed by Public Works. Seattle Tree Preservation was called to examine the remaining cottonwood trees in the vicinity and it was determined that several of them have root wrought and will be removed in the next few weeks. a. Work in March included debris removal from catch basin grates, drainage system maintenance, extraordinary number of public notice postings for the ATC and PSE tree trimming, and the first mowing of the parks for this year. b. The City Shop yard has been being cleaned up in preparation for the ATC Shop Addition. Preparations are being made to bring in storage containers for storing shop equipment and tools during the shop construction. AdNk Washington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation April 1, 2011 Mayor Bret Jordan City of Medina 8398 NE 12th Street, Unit A Medina, WA 98039 RE: 84th Avenue NE interchange configuration Dear Mayor Jordan: ITEM RA 4 Engineering and Regional Operations SR 520 Bridge Replacement and HOV Program 600 Stewart Street, Suite 520 Seattle, WA 981o1 Phone: 206-770-3500 Fax: 206-770-3569 TTY:1-800-833-6388 www.wsdot.wa.gov/Projects/SR520Bridge LTR# 1%1 I appreciate your ongoing support of the SR 520 Eastside Transit and HOV Project and your help resolving the design issues at the 84th Avenue N.E. interchange. Based on all the input we received we have directed our design -builder to move forward with the roundabout design, which incorporates the best of the flying ramp design and best meets the criteria established by the Governor. In addition, the following design elements are included in the roundabout and nearby project components: • Relocate the regional bicycle/pedestrian path crossing of 84th Avenue N.E. to a grade -separated tunnel to eliminate potential vehicle conflicts. • Limit regional bicycle/pedestrian path access into the Fairweather Basin neighborhood. • Increase barrier heights along the north side of the regional bicycle/pedestrian path to prevent views into adjacent neighborhoods. • Relocate the Points Loop Trail to the south side of SR 520 between Evergreen Point Road and 84th Avenue N.E. • Add mature trees and other enhanced plantings in the vicinity of Fairweather Basin to soften views of retaining walls and ponds. • Reduce tree clearing along 80th Avenue N.E. • Modify street alignments to address concerns about ingress and egress from local streets near Medina Circle and Hawthorn Court. • Eliminate two partial private parcel acquisitions in Hunts Point. Thank you for your hard work, not just over these past months, but throughout the years this project has been in development. We can coordinate with you on a presentation to your council for the May meetings if you wish. ITEM RA-4 Mayor Jordan April 1, 2011 Page 2 of 2 As always, feel free to contact me with questions. I can be reached by phone at 360-705-6850 or by e-mail at dyed@wsdot.wa.gov. Sincerely, David L. Dye, P.E. Deputy Secretary, Washington State Department of Transportation Cc: Mayor David Cooper Mayor George Martin Mayor Fred McConkey Mayor Don Davidson Mayor Joan McBride Paula Hammond, Secretary, WSDOT Julie Meredith, WSDOT Marty Loesch, Office of the Governor Senator Mary Margaret Haugen Senator Rodney Tom Representative Deb Eddy Representative Judy Clibborn Representative Ross Hunter Councilmember Mark Nelson Encl: 84th Avenue N.E. Roundabout graphic (March 30, 2011) ITEM CA-1 DRAFT MEDINA CITY COUNCIL SPECIAL MEETING MINUTES St. Thomas School, Commons Room 8300 Northeast 12 Street, Medina Monday, March 14, 2011; 6:30 pm CALL TO ORDER Bret Jordan called the March 14, 2011 Special Meeting of the Medina City Council to order at 6:32 pm. ROLL CALL 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; Bruce Disend, Kenyon Disend, City Attorney; Dan Yourkoski, Acting Police Chief; Joe Willis, Public Works Director; Robert Grumbach, Development Services Director; Nancy, Adams, Finance Director; and Rachel Baker, City Clerk APPROVAL OF MEETING AGENDA Hanson requested addition of discussion item Real Estate Acquisition and Boyd requested discussion item Executive Session. Items added to agenda as OB-7 and OB-8, respectively, and agenda calendar renumbered to OB-9. MOTION NELSON AND SECOND DICHARRY TO APPROVE AGENDA AS AMENDED. MOTION CARRIED 7-0 AT 6:35 PM. Mayor read statement into record concerning employment matter of the police chief. PUBLIC COMMENT Mayor opened public comment period at 6:37 pm. Medina resident Annie Lundquist shared hers and her neighbors' concerns regarding node number nine. Mayor conveyed development services director Grumbach could provide assistance in matter. Medina resident Heija Nunn inquired if a statement would be provided regarding Chief Chen. Mayor noted it had been read earlier and presented a copy of it to her. Mayor closed public comment period at 6:41 pm. ITEM CA-1 DRAFT At 7:12 pm, following presentation by Jane Hague, mayor re -opened public comment to accommodate late arriving audience members since presenter's arrival was delayed. Hunts Point resident Marianne Jones reported results from town council meeting reaffirming support for flyover ramp design followed by loop design, and expressed hope Medina officials would reiterate support. Mayor re -closed public comment period at 7:16 pm and continued with reports and announcements. REPORTS AND ANNOUNCEMENTS Nelson announced WSDOT State Route 520 Open House scheduled for March 23 at Chinook Middle School. Emergency committee chair Kay Koelemay reported the committee is scheduled to meet on Wednesday, March 16 at 7:00 pm, and noted there will be discussion about the Japan earthquake and how to better prepare the Medina community for a local disaster. Grumbach shared details concerning bridge tolling and conveyed transponder sales will occur at Medina Park on March 17. He invited council members to attend hearing examiner cases held by those who are under consideration for future contract. Responding to Boyd, Grumbach indicated he would investigate report concerning temporary cell location installed at park and ride. Allyson Jackson summarized Part 150 Study Report, including meeting with Ron Fincher, FAA regional district manager, provided overview of charts detailing north flow departures, east turns, and south flow arrivals, and conveyed it is important for Medina to follow up to meeting and to stay involved with Greener Skies Initiative. PRESENTATION King County Council Member Jane Hague spoke of county's deficit and resulting actions, and planned service improvements and efficiencies such as in transit, public safety, and animal control. city council Minutes March 14, 2011 Page 2 CONSENT AGENDA ITEM CA-1 DRAFT MOTION DICHARRY AND SECOND NELSON TO ADOPT CONSENT AGENDA AND MOTION CARRIED 7-0 AT 7:16 PM. - Approval of February 15, 2011 City Council Special Meeting Minutes - Approval of March 2, 2011 City Council Special Meeting Minutes- - Approval of March 7, 2011 City Council Special Meeting Minutes - Approval of December 2010 (131h Month) Check Register Claim check numbers 51182 through 51248 in the amount of $195,914.33, voided AP check numbers 50883, dated 101812010 in amount of $818.46 paid to Car Toys; and 51184, dated 1213112010 in the amount of $0.00 and reissued as check number 51248. There were no cancelled AP checks or voided payroll checks. - Approval of 2010 Financial Year End Report - Approval of January, 2011 Check Register Claim Check Numbers 51249 through 51325 in the amount of $208,273.24; and Payroll Checks Numbers 3199 through 3211 in the amount of $215, 618.28, voided AP check number 51283, in amount of $123.75, paid to WA Dept of Licensing. There was no cancelled AP checks or voided payroll checks. - Approval of February, 2011 Check Register Claim Check Numbers 51326 through 51407 in the amount of $257, 775.77, payroll check numbers 3212 through 3224 in the amount of $246,476.79. There was no voided AP checks, canceled AP checks, or voided payroll checks. - Contract Award: NE 12 Street/Lake Washington Boulevard Improvement Project - Receipt of January 24, 2011 Park Board Mee!ina Minutes OTHER BUSINESS Approval of Medina City Hall Construction Change Order No 9 (7.16 pm) City hall construction manager Dave Clark provided project status, defined need for change order due to exterior stair alteration, and responded to questions from council members. MOTION NELSON AND SECOND DICHARRY TO APPROVE CHANGE ORDER NO.9 AND AUTHORIZE THE CITY MANAGER TO SIGN THE CHANGE ORDER. MOTION CARRIED 6-1 (WHITNEY OPPOSED) AT 7:29 PM. Authorization to Purchase Office Furniture for Medina City Hall (7.•29 pm) Dave Clark provided background on used furniture opportunities. MOTION PHELPS AND SECOND NELSON TO AUTHORIZE PURCHASE OF FURNITURE FOR CITY HALL UP TO A TOTAL COST NOT TO EXCEED $70,000. MOTION CARRIED 7-0 AT 7:34 PM. Wireless Communications Facility Lease: Fairweather Nature Preserve (7.34 pm) Grumbach summarized selection process and noted recommendation of Independent Towers Holding Company. Grumbach, along with City's wireless consultant Jeff Langdon, responded to questions from council. Grumbach acknowledged efforts would be made to "over -notice" per council direction. City Council Minutes March 14, 2011 Page 3 ITEM CA-1 DRAFT MOTION NELSON AND SECOND DICHARRY TO AUTHORIZE CITY MANAGER TO SIGN THE LEASE AGREEMENT WITH INDEPENDENT TOWERS FOLLOWING RESOLUTION OF THE ADMINISTRATIVE DETAILS TO THE SATISFACTION OF THE CITY MANAGER. NELSON AMENDED MOTION AND DICHARRY SECONDED TO AUTHORIZE CITY MANAGER TO SIGN THE LEASE AGREEMENT WITH INDEPENDENT TOWERS FOLLOWING DESIGN APPROVAL BY THE CITY COUNCIL AND RESOLUTION OF THE ADMINISTRATIVE DETAILS TO THE SATISFACTION OF THE CITY MANAGER. AMENDED MOTION CARRIED 7-0 AT 7:55 PM. WSDOT Right of Entry at Fairweather Nature Preserve (7.•55 pm) Willis provided background on matter. MOTION DICHARRY AND SECOND NELSON TO AUTHORIZE CITY MANAGER TO SIGN RIGHT -OF -ENTRY AGREEMENT FOR FAIRWEATHER PARK FOR CONSTRUCTION OF STATE ROUTE 520. MOTION CARRIED 7-0 AT 8:00 PM. State Route 520 Fly -Over Ramp Status (8:03 pm) Council member Nelson and public works director Willis provided status update. Nelson conveyed decision regarding ramp option would be shared following meeting scheduled to be held March 15 between governor and WSDOT officials. Medina Monthly Postcard Sample Discussion (8.21 pm) Hanson introduced topic and council members provided feedback regarding sample postcard. Real Estate Acquisition (8:35 pm) Hanson and Grumbach spoke about property acquisition opportunity and finance options researched. Council members voiced an acquisition would not be prudent at this time. Executive Session (8:40pm) Boyd sponsored item saying executive session violations appeared to have occurred. Discussion amongst council members ensued. No action was taken. Council Agenda Calendar (9:11 pm) City council retreat scheduled for Monday, March 28, 2011, at 4:00 pm. City Council Minutes March 14, 2011 Page 4 ITEM CA-1 DRAFT ADJOURNMENT MOTION DICHARRY AND SECOND NELSON TO ADJOURN MARCH 14, 2011, MEETING AND MOTION CARRIED 7-0 AT 9:15 PM. The March 14, 2011, Regular Meeting of the Medina City Council adjourned at 9:15 pm. The Medina City Council will hold a retreat on Monday, March 28, 2011, at 4:00 pm in the Conference Room at St. Thomas Church. The next regular meeting is scheduled to be held Monday, April 11, 2011, at 6:30 pm, in the Commons Room at St. Thomas School, 8300 Northeast 12 Street, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes March 14, 2011 Page 5 ITEM CA-2 DRAFT MEDINA CITY COUNCIL SPECIAL MEETING MINUTES St. Thomas Church, Conference Room 8398 Northeast 12 Street, Medina Monday, March 28, 2011; 4:00 pm CALL TO ORDER Mayor Bret Jordan called the March 28, 2011 Special Meeting of the Medina City Council to order at 4:05 pm. ROLL CALL City Council Members Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark Nelson, Katie Phelps (left meeting at 6:05 pm), and Shawn Whitney; City Manger Donna Hanson; City Attorney Bruce Disend; Development Services Director Robert Grumbach; Acting Police Chief Dan Yourkoski; Finance Director Nancy Adams; and City Clerk Rachel Baker were present. APPROVAL OF MEETING AGENDA MOTION BOYD AND SECOND DICHARRY TO APPROVE MEETING AGENDA AND MOTION CARRIED 7-0 AT 4:05 PM. DISCUSSION City Council Guidelines/Rules (4:05 pm) Council members discussed guidelines and ground rules documents. The following amendments were provided: City Council Ground Rules (4:05 pm): Remove: 1(f): "...and have some fun..." 1(n)(iv): "Public comment is limited to one minute each and only if they have new information that has not already been mentioned or provided." 1(m)(viii): Remove "Not simply a reading of an item into the record." 2: Remove sub number 2 and renumber items following to 1(q) and 1(r) 3(b): Remove "...the city council first and anything going to one council member will be sent to... ITEM CA-2 DRAFT 1(0): No text, email, or phone calls during meetings. 1(p): Discussions in council meetings should be limited to items of motion when possible. 1(r): "Each member of the city council is granted one public meeting per year where s/he may be in attendance via speaker phone. Executive sessions are excluded from teleconferencing." 3(a): Add "city manager" to "Council members may ask city managerfor up to one hour of research...." 3(b): Add "of general interest" to "Information of general interest generated by staff or addressed to the city council will be sent to all council members." 3(f): Add "No single council member or committee can provide direction to city manager and staff, only full council consideration." Throughout document replace "should" with "shall". Add signature line to bottom of document to record agreement and receipt by each council member. Ensure public comment rules are included on sign in sheets. City Council Guidelines (5:36 pm): Direction given to city attorney to revise and return guidelines to council in June for consideration. Discussion included separating guidelines into two documents, first a condensed version including merely ground rules and the second containing additional information and details for use as a resource guide. Mayor called for a break at 5:46 pm and the meeting was called back to order at 5:52 pm. City Council Goals/Strategies (5:53 pm) Council members discussed city council goals/strategies document and the following modifications were offered: Remove/Alter: Goal (A): State Route 520: Protect Medina's interests impacted by State Route 520 construction related to lid design, region wide tolling, transit, park and ride, noise walls, 84 Avenue and control of land use adjacent to the State Route 520 right-of-way. Goal (D): Facilities and Infrastructure: Develop and implement a capital improvement plan that identifies needed projects and financing strategies for maintenance and upkeep, public works shop, park expansion, underground utilities, pedestrian walkways and trails, and storm water improvements City Council Minutes March 28, 2011 Page 2 M ITEM CA-2 DRAFT Goal (F): Finance: Ensure a sustainable budget whereby ongoing revenues meet ongoing expenditures though the development and maintenance of sound financial policies to include but not limited to maintenance of appropriate fund balances. Goal (G): Communication: Maximize public awareness and involvement in City business and ongoing issues with continuous evaluation and improvement of communications strategies using industry standards in order to deliver timely information regarding city services, programs, and events. Review and update document for clarity. Communication Goals/Strategies (6:06 pm) Hanson summarized report provided to council members. Council discussion followed and communication was added as a strategic goal. ADJOURNMENT MOTION BOYD AND SECOND DICHARRY TO ADJOURN THE MARCH 28, 2011, SPECIAL MEETING OF THE MEDINA CITY COUNCIL AND MOTION CARRIED 6-0 (PHELPS LEFT MEETING AT 6:03 PM) AT 6:32 PM. The March 28, 2011, Special Meeting of the Medina City Council adjourned at 6:32 pm. The Medina City Council will hold its next regular meeting Monday, April 11, 2011, at 6:30 pm in the Commons Room at St. Thomas School, 8300 Northeast 12 Street, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes March 28, 2011 Page 3 of MFoi�9 ITEM CA-3 uigiw CITY OF MEDINA April 6, 2011 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: March 2011 Finance Report The March 2011 Financial Reports include: • March 2011 Revenue & Expense Summary • March 2011 AP Register Activity Detail Revenue: Total Annual Revenue for March 2011 YTD was $981 K compared to $581 K for March 2010 YTD. This is primarily due to Real Estate Excise Tax Revenue; however each of the Revenue categories below seems to be on a slight uptick compared to the first quarter of 2010. • Property Tax was $37K higher for YTD 2011 compared to YTD 2010 • Sales Tax was $28K higher for YTD 2011 compared to YTD 2010 • Licenses/Permits were $21 K higher for YTD 2011 compared to YTD 2010 • Pass Through (Development) Revenue was $34K higher for YTD 2011 compared to YTD 2010 • REET (Real Estate Excise Tax) was $287K higher for YTD 2011 compared to YTD 2010 • Utility Tax and Franchise Fee Revenue for Q1 2011 is anticipated to be received by the end of April. It takes two weeks after the quarter end for the utilities to obtain the revenue information and then about one week to process the checks. Expense: Total Annual Expenditures for March 2011 YTD (including City Hall Expenditures) were $1.3M compared to $1.1 M for March 2010 YTD. • General Fund Expenditures were $11 K lower for YTD 2011 compared to YTD 2010 o Finance Expenditures for 1st Quarter are skewed because WCIA Insurance was all paid in Jan. • Capital Fund Expenditures were $209K higher for YTD 2011 compared to YTD 2010 due to the City Hall Renovation Project Cash & Investments: Cash balances for all funds were $5.4M as of 3/31/2011 City Hall Project: City Hall Expenditures for March 2011 YTD are: $242K City Hall Expenditures for 2010 were: $496K Total City Hall Expenditures for 2010 & 2011 YTD are: $738K 0 rn M O O N o2 O N R O N p 0 p O M Of p CO CA h EH N cD M eO0 pp tt99 p N V1 N h R N h h O N aD p °OD C F M N rn h rn of O Ln r O m 7 rnpp O pO � rM Eg (`� cOD_ .M- co tpp Of fN`7 (� � � EA V = V> Y} VVfiJ6e r O N O N _ �V N O N e! O ((' O 43 O O h V O oD �. 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LL LL -0 U Y Y c O O O E v a v v v� > 3 3 3 3 3 3 Se 3 3 3 10 0 0 0 > 0 0 0 E v v a a y 0 0 0 O Z cl M M W o U VI 1(1 N LL 0 e4 r O �� m � m w ITEM CA-4 January 25, 2011 6:30 p.m. CALL TO ORDER CITY OF MEDINA Planning Commission Meeting St. Thomas Church Music Room 8398 NE 12th St. The Planning Commission meeting of January 25, 2011, was called to order at 6:30 PM by Chair O'Brien. ROLL CALL Present: Molly Goudy, David Lee, Peter May, Heija Nunn, Judie O'Brien, Jeff Price, Ching -Pi Wang Absent: None Staff Present: Robert Grumbach, Development Services Director Donna Goodman, Development Services Coordinator ELECTION (6:30 PM) Vice -Chair Price assumed leadership of the meeting for the election of the position of Chair and announced that nominations were open for the position of Chair. Wang nominated O'Brien. There were no other nominations and O'Brien was unanimously elected Chair. O'Brien resumed control of the meeting and announced that nominations were open for Vice -Chair. Lee nominated Price. Nunn arrived. (6:33 PM) There were no other nominations and Price was unanimously elected Vice -Chair. ANNOUNCEMENTS (6:33 PM) Grumbach made the following announcements: • The Shoreline Committee has begun meeting to update the shoreline master program. The committee will review changes which will then be forwarded to the Planning Commission and finally on to the City Council. Following review by the City Council the proposed changes will be forwarded to the Dept. of Ecology. Grumbach announced that Chair O'Brien was participating on the committee. • The Park Board is moving forward on a park plan. The goals and policies in the comprehensive plan provide the outline for the park plan. This will be on the Planning Commission's docket next year. • There are two Planning Commission positions expiring in June. The City is now advertising the openings. Goudy has stated that she is not interested in another ITEM CA-4 term. May's term is also expiring and he is yet to make a decision about returning. The application deadline is February 28tn • The wireless communications franchise agreement was recently signed. American Tower Corp. (ATC) will be using the City Shop site for their equipment and two special use permit applications for the project are currently in the notice period. These cases will come before the Hearing Examiner the second week of February. APPROVAL OF MINUTES Nunn proposed, and the commissioners agreed, that language be added to the November 17, 2010, minutes to reflect that there had been a consensus to add the topic of height in the R-16 zone to the work program. Nunn indicated she was comfortable proceeding with approval of the minutes with the added language. MOTION MAY / SECOND PRICE TO APPROVE NOVEMBER 17, 2010, MEETING MINUTES WITH THE ADDITION OF LANGUAGE INDICATING THAT THERE HAD BEEN A CONSENSUS TO ADD THE TOPIC OF HEIGHT IN THE R-16 ZONE TO THE WORK PROGRAM. MOTION APPROVED 7-0 6:41 PM AUDIENCE PARTICIPATION (6:41 PM) Richard Wilson, an attorney representing Jeffrey & Susan Brotman, reminded the commissioners that he addressed them in August regarding the code amendment on off -site accessory uses. Wilson explained that they were in support of the proposed new language in the text amendments on page 41 of the packet and that the new section 20.34.030 would work very well for them in their desire to construct a greenhouse on their adjacent lot. Wilson commended Grumbach and the commission for their work on this issue. Alan Wallace, counsel for Overlake Golf & Country Club, stated that he was in attendance at Grumbach's invitation regarding the proposed code provisions for golf courses. He indicated that he would like to address the commission further when they are at item G3 on the agenda. OTHER BUSINESS 1) Briefing on Approved 2011 Work Program (6:45 PM) Grumbach stated that he and O'Brien had presented the proposed work program to the council at their last meeting and that the council approved the work program with modifications. The issue of adding bonus structural lot coverage as it relates to height was placed back onto the program, but given the lowest priority. Also, added to the work program was a topic on new code language addressing abandoned construction projects. Planning Commission Minutes Page 2 January 25, 2011 11t*1W_11M1! Nunn asked if there was something the council could do more immediately about the problem of abandoned construction projects in the community. Grumbach explained that the properties about which this issue has been raised have been determined to not rise to the level of a public nuisance and that the situations remain a private property issue. The commissioners discussed public nuisances and Grumbach noted the legal advice he received about potential liability issues should the City itself attempt to abate the situation. 2) Comprehensive Plan Amendment on Streetscape (6:53 PM) Grumbach explained that this was a council -initiated action and came from the council's desire to have a more formal setting in Medina. This included the possibility of requiring sidewalks to be installed when property is redeveloped. He explained that staff advised the council that this represented a major shift in the look of the community and therefore the comprehensive plan's goals and policies should be updated to reflect this shift. He further explained that the amendment application was prepared as a placeholder and that the planning commission was free to make changes since this was initiated by the City. Grumbach continued, explaining that the idea was to have the modifications to the council by June or July so they would have time to review them before the next round of comprehensive plan amendments. Nunn expressed concern regarding a perceived lack of contact with the citizens and that valuable input could be obtained by their feedback. Grumbach responded that citizens are contacted via the "e-gov" notices, and that there is additional noticing, including mailings and postings, for all public hearings. He stated that, regarding the comprehensive plan amendments, additional noticing such as a mailing of postcards would be used to ensure that citizens have the opportunity to comment. Grumbach explained that tonight was intended to be an introduction to the issue of streetscapes. May stated that he would like to see a more comprehensive memo regarding the proposed changes. He went on to say that it was confusing that the goals were found in different places in the document, that the goals on page one were redundant with the broader goals that came later, and that perhaps reformatting would help. Grumbach explained that he had provided only the various sections where streetscapes were touched upon and that the underlines and strikethroughs indicate the proposed changes to the original document. Nunn agreed with May that looking at the comprehensive plan as a complete document made sense and suggested that the commission reread the existing comprehensive plan in total to help them address it in a more logical way, and to look at the contradictory language and goals and clean those up. Grumbach reiterated that the amendment application was focused only on the areas of streetscape. If the commissioners want to initiate other amendments, they can Planning Commission Minutes Page 3 January 25, 2011 ITEM CA-4 initiate those separately and have them submitted for next year's docket. He also explained that in 2016 the state will require a more comprehensive update. Wang pointed out that potential exists for a great deal of controversy in proposing a requirement for sidewalks. Lee thought the commission should identify the rationale for all the factors they would be considering, such as "What is the purpose of sidewalks?" and "Where should parking be allowed and / or encouraged? Discussion followed and it was resolved that Grumbach would compile a list of factors related to streetscape that should be considered and discussed, to include sidewalks, parking, classification of streets, vegetation, lighting, transportation, curbs & gutters, open ditches, non -motorized facilities (biking & walking), etc. Commissioners will email Grumbach their suggestions. Nunn volunteered to take photos of existing pathways. 3) Comprehensive Zoning Code Update (Continued from October meeting) (7:32 PM) Alan Wallace, representing Overlake Golf & Country Club, addressed the commission on the proposed code language under 20.32.070 — Golf Courses, stating that he had worked with Overlake Golf & Country Club for a number of years and was very familiar with the issue of zoning and golf courses. He stated that staff had alerted them to the proposed zoning revisions but that they had not yet had a chance to review the changes. He showed the commission an aerial photo of the golf course, indicating that there already exists a 25 ft. buffer along most of the areas that are proposed. Wallace maintained that there is a safety aspect to having the trees on the right side but that the neighbors object to landscaping that will block their views of the course and that Section A.4 would not be an appropriate regulation. He summarized that he felt there should be further dialogue on the proposed changes. Grumbach confirmed that he had sent the proposed language to people at the golf course and expected that there would be revisions once their feedback was received. He stated that he intended to provide an updated draft at the next meeting. Grumbach explained that the main purpose of the proposed changes is to provide greater clarity and to set up general criteria that would be in place if the golf course should propose redevelopment or if someone else wishes to develop a golf course in the future. Wallace noted the restriction on membership imposed by the special use permit to address the possibility of increased traffic in the future. He stated that the Club is limited to 1030 members and is currently at or just slightly below maximum number. Wallace also addressed the streetscape issue, stating that the Club would have concerns with any regulations that would require them to construct sidewalks along 84th Ave NE because it would be a great financial burden on the Club and it would have no relationship to the actual access to the property. He went on to say that over the years it has been learned that open ditches are in some cases preferable to tight - lined drainage pipes, stating that the ditches are low -impact development and that Planning Commission Minutes Page 4 January 25, 2011 ITEM CA-4 curbs & gutters create impervious surfaces requiring detention vaults and higher costs, as well as the requirement to meet water quality requirements regulated by the Dept. of Ecology. He asserted that the costs for this kind of improvement are high, half again or greater than the original costs of construction. Discussion followed. Nunn pointed out that there appeared to be no provision for the Club adding a pool or health club facility in the future. Discussion followed on the formatting of the code updates. Grumbach referred to the memo that he had emailed to the commission which outlined in list form a summary of the proposed updates. He clarified that the changes were not substantive but were primarily language edits to make the code clearer. May agreed that in general the proposed code language was more straight -forward and achieved its purpose. May requested that Grumbach summarize his major concerns for commissioner feedback. Grumbach responded with several items — golf courses, recreational facilities, churches, including belfries and domes, and reorganizing that chapter to make more sense. Also noted were regulations of schools and the underlying zoning for those areas. He noted that St. Thomas School property would more appropriately be zoned parks and public places, but that would require a comprehensive plan amendment. When asked by Grumbach, the Commissioners provided input that St. Thomas should remain a nonconforming use rather than making schools an allowed special use within the R-20 zoning district. Grumbach also addressed the non -conforming regulations, the limited uses chapter, home businesses and adult family homes regulations, which do not match the RCWs, and manufactured homes. This item was continued for discussion to the February meeting. ADJOURNMENT Due to lack of a quorum, the Commissioners agreed to change the next meeting date. Grumbach will check room availability and email the commissioners for possible dates. MOTION LEE / SECOND NUNN TO ADJOURN JANUARY 25, 2011 PLANNING COMMISSION MEETING (8:05 PM) MOTION APPROVED 7-0 (8:22 PM) Minutes taken by: Donna Goodman Development Services Coordinator Planning Commission Minutes Page 5 January 25, 2011 ITEM CA-5 CITY OF MEDINA Planning Commission Meeting February 16, 2011 St. Thomas Church Music Room 6: 30 p.m. 8398 NE 12t" St. CALL TO ORDER The Planning Commission meeting of February 16, 2011, was called to order at 6:30 pm by Chair O'Brien. ROLL CALL Present: Molly Goudy, David Lee, Peter May, Heija Nunn (arrived 6:35 pm), Judie O'Brien, Jeff Price, Ching -Pi Wang Absent: None Staff Present: Robert Grumbach, Development Services Director ANNOUNCEMENTS (6:33 PM) Grumbach provided a summary of the February 15 council meeting: • The City is entering into an interlocal agreement with the City of Clyde Hill for improvements to 84th Ave NE. • The SR-520 bridge project requires shoreline permits from Medina. There are two proposals for a view platform and a trail. The council has not given direction on this yet but is seeking input from the community for a preferred location. Commissioners had questions regarding the SR-520 project and the 84th Ave NE project which Grumbach addressed. Grumbach announced that the January 25, 2011, meeting minutes were not completed as he had not had a chance to review them. Chair O'Brien expressed concerns about the large amount of material in the packet and asked if commissioners had had time to review everything. She polled the commissioners and there was a consensus to drop the first business item on the comprehensive zoning code update. AUDIENCE PARTICIPATION (6:34 PM) Marcus King from Overlake Golf & Country Club was present. He stated that he was there to observe and that he had had discussions with Grumbach regarding the proposed new regulations affecting the golf club. ITEM CA-5 OTHER BUSINESS 2) Comprehensive Plan Amendment on Streetscape (continued from January meeting) (Approximately 6:45 PM) Grumbach started by noting this item was continued from the last meeting. The commissioners had identified five items they wanted to examine for further analysis and discussion: street classifications, pathways for non -motorized transportation, on - street parking, landscaping and lighting. Grumbach referred to his memo included in the packet addressing the five elements, including a summary of the existing regulations, references in the comprehensive plan and key issues and background information. The commissioners decided to discuss each item one at a time. Street Classifications: Grumbach briefly explained that street classifications come from state and federal regulations and are not local definitions. He touched on the hierarchy of minor arterials, collectors and local access roads and indicated that the main purpose of a minor arterial & collector street is to move cars. Most of Medina is comprised of local access roads. Pathways: Grumbach went on to explain pathways for non -motorized transportation, which included sidewalks, trails and similar improvements. The City has few regulations governing these; however, the comprehensive plan does contain goals and policies. The difficulty lies in that there is no uniformity in the system. The commissioners discussed the possibility of requiring sidewalks to be constructed when properties undergo redevelopment and whether or not there is an interest in the community to move in that direction. Grumbach clarified that the code will eventually outline what types of paths will be required and where, but that at this point the commissioners are only discussing goals and policies. Discussion touched on how the citizens will be asked to provide their input and the importance of contacting the community for input. Grumbach explained that, in addition to the other types of notice already being used (e-gov email notices, the city website, postings, mailings), the City will begin sending out postcards to the community each month notifying residents of issues that are under consideration by the City. The comprehensive plan topics can be included in the postcards. Commissioners discussed public safety issues, the problem with new improvements that don't match existing improvements and the use of streets by walkers and runners even where sidewalks do exist. Grumbach pointed out that the bigger change contemplated by the council, rather than just sidewalks, would be moving from an informal streetscape to a more formal streetscape. This means moving from a more rural to a more suburban or urban environment. The question was raised as to whose goal this is. Grumbach answered that this is the discussion raised by the council, since Medina is not a true rural environment. Disagreement was expressed with the goal to move to a more formal setting and it was argued that the citizens of Medina do not necessarily want that for the community. Planning Commission Minutes Page 2 February 16, 2011 ITEM CA-5 The most desirable process for amending the comprehensive plan was debated and discussed. MOTION MAY / SECOND LEE TO AUTHORIZE GRUMBACH TO COMPOSE LANGUAGE THAT WOULD SET A GOAL OF IMPROVED PEDESTRIAN SAFETY, IMPROVEMENTS TO BE CONSISTENT WITH A SYLVAN ENVIRONMENT. (Approximately 7.35 PM) Discussion followed regarding the concept of beginning with a stated goal and the possible elements of such a statement. Nunn read the goals & policies in the existing plan. Wang asserted that the primary goal should be to maintain the sylvan, rural conditions with public safety as a key component. Discussion took place on whether to retain the word "sylvan" and on usage of the word "formal". Grumbach spoke to the goals as expressed by the council. May summarized the ideas that were voiced on this subject, stating that 1) The sylvan element of the landscape character is an important attribute of the city; 2) Wherever possible it is desirable to avoid new concrete sidewalks; 3) Pedestrian safety is important and other kinds of pathways can accomplish the goal of increased public safety, including other types of features consistent with the sylvan environment. Grumbach recommended establishing an overall vision on how the commissioners want to look at the comprehensive plan amendment. Further discussion occurred as to the best language to express the commission's desired goals and how to revise May's motion to develop a vision statement to guide their examination of the comprehensive plan amendment. Nunn proposed a friendly amendment based on the discussion, accepted by May. REVISED MOTION BY MAY: SETTING AS A GOAL TO MAINTAIN THE NATURAL SYLVAN ENVIRONMENT CONSISTENT WITH AND WHILE IMPROVING THE PEDESTRIAN SAFETY WHERE APPROPRIATE. MOTION APPROVED 7 — 0 (Approximately 8:00 pm) Nunn suggested the commissioners go back to the council for further guidance. Grumbach suggested the commission move forward with their best recommendation and the council can accept or not the commission's recommendation. Grumbach inquired what the commissioners wanted to see done with the vision statement. There was a consensus to review some of the other elements first and then come back to the vision statement. May inquired about the memo and the statement about state law providing authority to require sidewalks. Grumbach explained that the state law says sidewalks, but he will review the law again to clarify how sidewalks are defined. Planning Commission Minutes Page 3 February 16, 2011 ITEM CA-5 On -street parking (Approximately 8.08 pm) The problem of parking on Overlake Drive in particular was mentioned, and Grumbach noted that parking on collector streets is generally undesirable. The existing parking situation in different areas of the city was discussed, as well as the current criteria for the city approving landscaping vs. parking in the right-of-way. Commissioners discussed whether they want to encourage on -street parking and what it should look like. Grumbach clarified the concepts of on -street and off-street parking. He noted that on -street parking can contribute to traffic calming. Commissioners agreed to continue this discussion item to the next meeting. Chair O'Brien asked the commissioners which items they think should be discussed at the next meeting. There was a consensus to focus on the shoreline master program update because of state mandated deadlines, and then the comprehensive plan amendment and finally the comprehensive zoning code update. 3) Shoreline Master Program Goals and Policies (Approximately 8:30 pm) Grumbach stated that the shoreline committee reviewed this matter and that postcards were sent to the public for input. Next month he will bring any comments received and will be looking for the commission's views at that time. Continuing the discussion about postponing the comprehensive zoning code update, Grumbach noted that he will need to pull out the accessory use/ building language as a separate ordinance that can be acted on sooner to resolve a court case. ADJOURNMENT The next Planning Commission meeting will be held on March 22, 2011, at the St. Thomas Great Hall Music Room. MOTION PRICE / SECOND WANG TO ADJOURN THE FEBRUARY 16, 2011 PLANNING COMMISSION MEETING. MOTION APPROVED 7-0 (Approximately 8: 32 pm) Minutes taken by: Donna Goodman Development Services Coordinator Planning Commission Minutes Page 4 February 16, 2011 ITEM CA-6 February 28, 2011 CALL TO ORDER CITY OF MEDINA Park Board Special Meeting Minutes St. Thomas Church, Music Room 8398 NE 12th Street Chair called the February 28, 2011 Park Board meeting to order at 6:06 pm. ROLL CALL Present: Gabriele Dickmann, Marelaine Dykes, Susan Flagg, Matt Kochel, Susan Loren -Taylor, Laura Weingaertner Absent: Ross Mickel Staff Present: Joe Willis, Director of Public Works; Pamela Greytak, Admin. Assistant ANNOUNCEMENTS Kochel asked if there would be an area where the public could access Lake Washington under the SR-520 Bridge once the lid is constructed. Willis reported that WSDOT's plans include a viewing area on the lid, but not direct public access to the water. Board members and Willis discussed the following topics related to the matter: steepness of the grade leading down to Lake Washington, maintenance access road, ADA access, and the costs involved with maintaining the lid. Willis explained that WSDOT considers it unfeasible to provide direct public access to the water, and that the shoreline agreement states that the public must be given either direct water access or a viewing area. Willis said he would e-mail the most recent lid plans to board members. MINUTES MOTION WEINGAERTNER AND SECOND DYKES TO APPROVE JANUARY 24, 2011 PARK BOARD MINUTES AS WRITTEN. MOTION PASSED 6-0. (6:16 pm) AUDIENCE PARTICIPATION No audience participation. PARK REPORTS (6:16 pm) Willis spoke about "parallel parking only" signs that his crew recently erected along NE 12th Street in front of Medina Park across from St. Thomas School. Dickmann reported that there is a nail head sticking up from a board on the west end walking bridge in Medina Park. Willis indicated he would ask a parks employee to pound it in. Park Board Minutes Page 1 February 28, 2011 ITEM CA-6 NEW BUSINESS Plan Public Process and Open House for Comprehensive Plan Update (6:20 pm) Board members determined that the most effectual way to receive input from residents concerning the comprehensive plan update would be to hold an open house on April 18 at 6 pm at St. Thomas Church. Board members and Willis discussed advertising the open house in the city's newsletter and sending out post cards. Willis stated that after the open house they would draft the comp plan goals and policies. ADJOURNMENT MOTION DYKES AND SECOND KOCHEL TO ADJOURN FEBRUARY 28, 2011 PARK BOARD MEETING. MOTION PASSED 6-0. (6:41 PM) The next Park Board meeting will be held Monday, March 21, 2011 at 6:00 pm. Minutes taken by: Pamela Greytak, CIVIC Administrative Assistant Park Board Minutes Page 2 February 28, 2011 ITEM CA-7 CITY OF MEDINA Emergency Preparedness Committee Meeting January 19, 2011 St. Thomas Church Music Room 7: 00 p.m. 8398 NE 12 ' Street Medina, WA CALL TO ORDER The Emergency Preparedness Committee Meeting was called to order at 7:05 p.m. by Chair Kay Koelemay. ROLL CALL Committee: Chair Kay Koelemay, Dave Hedequist, Fire, Search & Rescue, Cy Humphreys, Communications, Margaret Maxwell, Neighborhood Preparedness, Volunteers: Doug Dichary, Wilma Edmonds, Chris Gulacsik, Mike Higgins, Shawn Whitney Staff Present: Interim Police Chief Dan Yourkoski, and Emergency Preparedness Coordinator Kris Finnigan APPROVAL OF MINUTES MOTION MAXWELUSECOND KOELEMAY TO APPROVE October 20, 2010 MEETING MINUTES AS WRITTEN. MOTION APPROVED. Communications Committee Communications Committee Chair Humphreys reported that the radio net continued, with an improved number of check -ins, since the holidays. Communications Committee Volunteer Gulacsik reported on Washington State EMCOMM Packet Network, which has a history of supporting national disasters. Its purpose is: • To send emergency email via remotely located internet gateways (RMS Stations) • To send emergency email directly to the Washington State ECC (Camp Murray) He described the equipment needed to access the network: • Low -power mobile VHF transceiver (2-Meter Band) • Small whip antenna • Modem • Laptop PC Winter Weather Koelemay reported on the recent inclement weather and its impact upon travel over SR-520. Interim Police Chief Yourkoski reported that Metro had not chained buses effectively for this event. ITEM CA-7 Emersaencv Generator Yourkoski reported that he has been told that the present emergency generator will not be able to power more than one-half of the newly remodeled City Hall and Police Department. Following discussion, the consensus was that this would be a City Council matter. Psychological First Aid Dr. Doug Dicharry presented an Introduction to Psychological First Aid (PFA), noting that he would be willing to teach a four hour course in the future. He stated that the three steps of Psychological First Aid" are to "Listen, Protect and Connect." It means helping with someone's emotional and mental health, providing compassionate, non judgmental care. Dichany stated that a disaster would be whatever is potentially traumatic to those involved and can be more -so to those with emotional and physical problems. He said that impacted individuals may not be able to think for themselves. He related that just listening and being a calm presence can be therapeutic, and he stressed the importance of an individual being in a solid emotional state themselves, if intending to help another. Neisahborhood Preparedness Koelemay suggested that before the March Meeting, neighborhoods could be approached and encouraged to proceed with emergency preparedness planning. Meeting Schedule The next Medina Emergency Committee Meeting was scheduled for Wednesday, March 16, 2011. The meeting was adjourned at 8:10 p.m. Minutes taken by: ris Finnigan Emergency Preparedness Coordinator Medina City Council Meeting Monday, April 11, 2011 AGENDA BILL Subject: Ratification of Rohrbach and Austin Settlement Agreements ITEM CA-8 Category: ® Consent El Ordinance ❑ Public Hearing J ❑ City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Donna Hanson, City Manager Summary: In January of this year a settlement was reached with Linda Austin and Bob Rohrbach. Ms. Austin and Mr. Rohrbach brought a lawsuit against the City of Medina related to circumstances of their respective contracts with the City and termination thereof. Because the settlement was agreed upon in mediation prior to a pending summary judgment, there was no time to bring the settlement agreement to a Council meeting. The attorney representing the City had filed a motion for summary judgment and she believed several key claims would have been dismissed. However, because of the disputed facts in regard to other claims, a trial could not be entirely avoided. Given the uncertainty that always surrounds going to trial, it was decided that the prudent thing to do was reach a settlement. Consequently, there is no admission of liability by any of the parties and the parties were able to avoid litigation. Attachments: 1. Rohrbach settlement agreement 2. Austin settlement agreement Budget/Fiscal Impact: Paid by WCIA Insurance pool, no city funds for defense or settlement Staff Recommendation: Rgc9fnmend approval. City Manager Approval: UU Proposed Council Motion: Motion to ratify the settlement agreements negotiated in mediation. SETTLEMENT AGREEMENT ARID RELEASE OF ALL CLAIMS This Settlement Agreement And Release of All Claims, (hereinafter collectively referred to as "Agreement"), is. made and entered into by and -among G. Robert Rohrbach and the City of Medina (hereinafter collectively referred to as the "parties" to this. Agreement). RECITA A. WHEREAS, Robert Rohrbaeh (hereinafter referred to as "Mr. Rohrbach") brought a lawsuit in U.S, District Court against Mark Weinberg and the City -of Medina (licrainafEer referred to as "the City`% a municipal corporation, under U S,D.C. Western District of Washington at Seattle Cause No. C09-1530 RAJ, and B. 'WHEREAS, Mr. Rohrbach, the City and Mr. Weinberg wish to avoid the costs and uncertainty of further litigation of Mr. Rohrbach's claims.; NOW, THEREFORE, the parties agree and covenant as follows: IN CONSIDERATION of the mutual promises, covenants and ruidertakings set forth in this Agreemont, the parties agree to the following terms and conditions for dismissal of Mr, Rohrbach's lawsuit and all related and derivative claims. up to the date of this Agreement; 1. NO ADMISSION OF LIABILITY. It is understood and agreed. that this Agreement is the compromise of a disputed claim and that the payment made is not to be construed as au admission of liability on the part of the parties hereby released, and that said parties deny liability thereof -and intend merely to"avoid litigation and buy their peace, 2. SETTLEMENT PAYMENT. The parties -agree that payment will be made �on or before January 17, 2011 by the City to Mr. Robrbach in the amount of One Hundred Thousand Dollars .and 00/100 ($100,000,00) (hereinafter referred to .as. "Settlement Funds") in consideration of the promises contained herein. The Settlement Fronds will be paid in the forms of SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 1 a -check to the Trust Account of Jeffrey Needle, Attorney, totaling the gross amount of the settlement ($100,000.00): 3. DISMISSAL OF LAWSUIT. The parties agree to sign and file a Stipulation and Order of Dismissal, in the form of attached Exhibit A, executed by Mr. Rohrbach's attorney or himself, with the U'.S.D.C. Western District of Washington at Seattle indicating that the issues and claims raised by Mr. Rohrbach have been fully resolved and that the parties request that the :claims flied by Mr. Robrbach be dismissed with prejudice and without assessment of costs or attorneys fees to any per• 4, WAIVER OF Ik `EES AND COSTS. All parties agree that they will waive -any and all claims they may have for all attorney's fees or costs relating to Mr. Rohirbach's claims, 3. TAX OBLIGATIONS. Mr. Rohrbach assumes any .and all tax obligations that may be imposed now or at any future time resulting from payment of the Settlement Funds to him and his attorney. Mr. Rohrbach indemnifies the City against any claims, assessments, liens, penalties, or judgments that may be asserted against the City, its. agents, officers, or managers for liability for unpaid taxes associated with either payment or treatment or characterization of this payment. The City agrees that, if any such claim, assessment, lien., penalty, or judgment is asserted against the City, it will provide reasonable notice to Mr. Rohrbach, at his address last known to the City, and his attorneys last Known address, so he may present his position to. the Internal Revenue Service with regard to said claim, assessment, lien, penalty, or judgment. 5. FUTURE JOB REFERENCES. The City agrees that in the filture, should any prospective employer or individual or entity request employment history or job- reference information from the City pertaining to NIr.. Robrbach, the City will make the following. reply; "Mr. Rohrbach's work and interactions with owners, architects and contractors was satisfactory, SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 2 and he was technically proficient as the Building Official." The City will also provide Mr. Rohrbach's bates of employment, position, and rate of pay if requested. 7. RELEASE OF ALL CLAIMS AND HOLD HARMLESS AGREEMENT, G. Robert Rohrbach, being of lawful age, and for the sole consideration of One Hundred Thousand and 00/100 Dollars ($100,000;00), and in consideration of the performance of Paragraphs I through 6 of this Agreement, does hereby on behalf of himself, and anyone claiming through his or on his behalf, including but .not limited to, his past, present, and future spouses, relatives, agents, attorneys, representatives, hews,executors, administrators, successors and assigns releases, acquits and forever discharges the City of Medina, a municipal corporation, Mark Weinberg, the City's officers, managers, agents, employees, servants, Successors, heirs, executors, and administrators fitom any and all claims, actions, .expenses and compensation whatsoever, which he now has or which he oould have brought or initiated to date. on account of or in any way arising or gio-wing out of all known and unknown, foresoon and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from his contact with anal/or employment with. and separation from employment with the City of Medina, which existed or may have existed at any time up to the date oTthis Agreement. This release includes, but is not limited to, any and all claims asserted or that could have been asserted. by Mr. R.ohrbach in the litigation (U.SAC. 'Western District of Washington at Seattle Cause No. C09-1530 RAJ), and any, and all claims, whether known or unknown, that were asserted or that could have been asserted by Rohrbach in any federal, state or local court, commission, department, or agency against the City and/or Mr. Weinberg. It is understood that this release includes, but is not limited to, any claims for wages, overtime, bonuses, benefits, stock options, emotional distress,. compensatory damages, or damages of any kind, whatsoever, SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 3 under any federal,. state or .local employment, contract, or tort law, regulation, .ordinance or executive order, including, but not limited to the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964 (as amended), 42 U &C. § 1981, the Employee Retirement Income Security Act, the Older Workers' Benefit Protection Act, the Washington Law Against Discrimination, any claim for breach of contract, express or implied, breach of the covenant of good faith and fair dealing, intentional infliction of emotional distlegs, negligent infliction of emotional distress, or any other oommon, law claim. Mr. Rohrbaeh hereby declares that the injuries sustained are or may beg permanent acid progressive and that recovery therefrom is uncertain and indefinite and in making this Agreement it is understood and agreed, that he is relying wholly upon his judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and liability therefore and is made without reliance upon any statement or representation -of the party hereby released or its representatives or by any physician or surgeon by it employed. . W, Rohrbach represents and warrants that he is the sole owner of the actual or alleged claims, rights, causes of action, and other matters which are released herein, that the panne have not been assigned, transferred, or disposed of in fact, by operation of law, or in any manner, and that he has the full right and power to grant, execute and deliver the releases, underWdugs, and agreements contained herein. In consideration of the payment of the above sum, Mr. Rohrbach represents, warrants and agrees that he and/or his legal representative will .satisfy any and all lien claims against the -above settlement stung, or any settlement or recovery arising out of the incident, casualty or events which occurred as above -described. In further consideration of the payment of the above sum, Mr. Rolubach agrees to indemnify the City, its attorneys of record, and its liability insurance SETTLEMENT AGREEMENT AND RELEASE Or ALL CLAIMS - 4 carriers ,or self -insured organizations, and agrees to hold the same harmless against any claim, suit, action or demand asserting a lieu against said settlement funds, including the expenses of investigation, attorneys' fees and other costs of litigation. In further consideration of the payment of the above sum,. Mr. Rohrbach agrees to indemnify the City from any derivative claim, suit, action .or -demand made by any of his former or current spouses arising out of the incident, casualty or events which occurred as above -described. 8. Mr. Rohrbach represents that, except for the lawsuit to be .dismissed pursuant to paragraph 3 herein, neither he nor anyone else acting through hint or on his behalf has caused to be filed any lawsuit, complaint, derivative claim, charge or grievance against the City or its off oars, managers, agents or employees, that is currently pending with any local, state, or federal agency, court, or union, including. but not limited to the Equal Employment Opportunity Commission, the Washington State Human Rights Commission, or in any other fonun. Mr. Rohrbach -agrees that he will not cause or encourage any legal or administrative proceedings to be maintained or instituted against the City regarding any cause of action that he or his spouse may have for anything occurring through the date of this Agreement and that if a commission, agency, or court assumes jurisdiction of such claim, complaint or charge against the City, he Will request the commission, agency or court to withdraw from the matter, 9. INDUCEMENTS. The parties acknowledge that no other person or entity, nor any agent or attorney of any person or entity, has made any promise, representation, or warranty whatsoever, express or implied, not contained in this written Agreement concerning the subject matter hereof, to induce the parties to execute this Agreement. The parties further aolmowledge that they have not executed this Agreement in reliance upon any such promise, representation or warranty not written herein, SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 5 10. VOLUNTARY EXECUTION. In executing this Agreement, the parties acknowledge that they have consulted with their duly licensed and competent attorneys, and that they have execcrted this Agreement after independent investigation, voluntarily without gaud, duress or undue influence, and they exclusively consent that this Agreement be given full force and effect according to each and every one of its express terms and provisions. 11. ENTIRE. AGREEW.NT. This Agreement contains the entire understanding between the parties and supersedes any prior a nderstandings and agreements between the parties with respect to the subject matter hereof There are no other representations, agrfinents, arrangements or understandings, verbal or written, between and among the parties relating to the subject matter of this Agreement 12. SEVERAIIILITY. The provisions of this Agreement axe severable, and if any part of it is found to be unlawful or unenforceable, the other provisions of this Agreement shall remain fully valid and enforceable to the maximum extent consistent with applicable law. 13, BINDING NATURE OF AC: REEMENT, Except as otherwise herein provided, this Agreement shall, be binding upon and .inure to the benefit of the parties, their successors, heirs and assigns, 14. APPLICABLE LAW. This Agreement shall be construed and interpreted under the laws of the State of Washington. 15, AUTHORITY TO SIGN. Each of the parties signing hereto warrants that 1t bas the full authority to sign this Agreement binding their marital community, themselves, or the govenunental entity upon and on behalf of said individual who is signing. 1.6. AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) RIGHTS. Mr. Rahrbach agrees that he has been advised to consult with an attorney and a tax advisor SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 6 prior to executing this Agreement, and that, in fact, he has consulted with an attorney of his choice as to the subject matter and effect of this Agreement. Mr. Rohrbach agrees he has been provided the opportunity to consider for twenty one (21) days whether to enter -into the Agreement, and has taken as much of this thee- as desired prior to signing the Agreement, and that he has knowingly and voluntarily chosen to enter the Agreement on this date. Mr. Rohrbach understands that he may revoke the Agreement at -any time during the period of seven (7) days following the execution of the Agreement. The Agreement shall become effective following expiration of this seven .(7) day period. Mr. Rohrbach acknowledges that he has carefully read and fully understands all aspects of the Agreement, that he has not relied upon any representations or statements not set forth herein or made by the City of Medina or its agents or representatives and that he enters into the Agreement freely and without duress of any land or nature. Mr. Rohrbach understands that the Agreement waives Important 16gal rights,. including those under the Age Discrimination in Employment Act. Mr. Rohrbach agrees that if he decides to exercise his right to rescued the Agreement during the seven days following execution of the. Agreement, he will refund the One Hundred Thousand Dollats ($100,000.00) in full to the City within ten days of payracat if payment is made prior to rescission of the Agreement, 1, ROBERT R:OHRBACH, CERTIFY THAT I HAVE REVIEWED THIS SETTLEMENT AGREEMENT AND- RELEASE, THAT I UNDERSTAND IT, AND THAT I AGREE TO BE LEGALLY BOUND BY ALL ITS TERMS. .SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 7 I, .DONNA HANSON,. ON BEHALF OF THE CITY OF MEDINA, CERTI +I'y 'THAT I HAVE REVIEWED THIS AGREEMENT, THAT I UNDERSTAND IT, AND THAT I AGREE, ON BEHALF OF THE CITY OF MEDINA, TO BE LEGALLY BOUND BY ALL ITS TERMS. Dated: r WASWNGTON �ss County of D NNA HANSON, City Manager I certify that on this �./ 2''day of January, 2011, Robert Rohrbach appeared personally before me, signed the above Settlement Agreement .and Release, and aclmowledged that it was aigned freely and voluntarily, DATED: ;gill" S LO B Nam e. Norm Public in .and for the State of W hin on ° .15 0 I* •..... :•° �'� f�si residing at �°0• �jt►}�� My commission,expires 1( WASHINGTON �ss County of } SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - .8 i oertify that on this day of January, 2011, Donna Hanson appeared personally before me, signed the above Settlement Agreement anid Release, and aelmowled.ged that it was signed freely and volwarily. DATED: 'S*,fM&& NA _d-q I161k Notary Public in and for the State of Washington residing at � My commission expires 0 SETTLW ENT AGREEMENT AND RELEASE OIL ALL CLAIMS - 9 SETTLEMENT AGUE, MINT AND UELil;ASz OF ALL CLAIMS This Settlement Agreement And Release of All Claims, (hercinaftm collectively referred to as "Agreement"), Is made and entered into by and among Linda Austin and the City of Medvra (hereinafter collectively referred to as the "parties" to this Agreement). A. WREl2 AS, Linda. Austin (hereinafter referred to as "Ms. Austin") brought a lawsttit iti U,S. District Court against !Mark Weinberg and the City of Medina OLewinafter referred to as "the City"), a municipal corporation, under U',S,D.C. Westelgr District of Washington at Seattle Cause No. C09-1530 P AJ, and E. WI•IMAS, Ms. Austin, the City and Mr. Weinberg wish to avoid the costs raid uncertainty of further litigation of Ms. Austin's claims, NOW, THEREFO12E, the=parties Agree and covenant as follows: IN CONSIDERATION of the mutual promises, covenants and undertakings set forth in this Agreement, the parties agree to the £allowing terms and conditions for dismissal of Ms. Austin's.Iawsuit and all related and -derivative claims -up to the date of this Agreement; L NO ADMISSION OF LIABILITY. It is understood and agreed that. this Agreement is the compromise of a disputed claim and that the payment Made, is not to he construed as an admission of liability on the peat of the parties hereby released, and that said parties deny liability thereof and intend merely to avoid litigation and buy their peace. 2. SE'1i:1:,fiMLNT PAYMENT, The parties agree that payment will be made on or before Jamary 17, 201 l by the City to Ms. Austin in the amount of Ninety Thousand Dollars and 001100 ($90,000.00) (hereinafter referred to as "Settlement Funds") in consideration of the SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - I promises contained heroin. The Settlement Funds will be paid irt the fbim of check to the Trust Account of Jeffrey Noodle, Attorney, totaling the gross amoum ofthe settlernoirt ($90,000.00). 3. DISMISSAL OF LAWSUIT. The parties agree to sign and file a Stipulation and Order of Disinissal, in the form of attached Exhibit A, executed by Ms. Austin's attorney or herself, with the U.S.D.C. Western District of Washington at Seattle indicating that the issues mid claims raised by Ms. Austin have been fully resolved and that the parties request that the claims filed by -Ms. Austin be dismissed with prejudice acid without assessment of costs or attorney's fees to any party. 4. WAIVER OF FEES AND COSTS. All parties agree that they will waive any and all olaims they may have for all attorney's fees or costs relating to Ms. Austin's claims. S. TAX OBLIGATIONS, Ms. Austin assumes any and all tax obligations that may be imposed now or at any future time resulting from payment of the Settlement Funds to her and her attorney. Ms. Austin indennnities the City against arly claims, assessments, liens, penalties, or judgments that may be asserted against the City, its agents, officers, or managers for liability for unpaid taxes associated with either payment or treatment or characterization of this payment, The City agrees that, if any such claim, assessment, lien, penalty, or judgment is assorted against the City, It will provide treasonable notice to h4s. Austin, at her address last known to the City, and her attorney's last known address, so she may present her position to the Internal Revenue i Service with regard to said claim, assessment, lien, penalty, or judgment, &. FUTURE TOB REFERENCES. The City agrees that lu the fiituie, should any prospective employer or individual or entity request employment history or Sob reffarence information from the City pertaining to Ms. Austin, the City will only provide Ms. AusiiOs position, dates of employment, and rate of pay. Thereafter, the City shall only release SETTLEMENT AGItI+, MENT AND RELEASE OF ALL CLAIMS - 2 information verifying Ms. Austin's position, dates of employment and rate of pay unless it is required to give a further response pursuant to a legal re4uirement or in response to court process, including, but not limited to, responses to subpoenas, court orders, public disclosure law, or count. discovery rules. In the event that the City is required by legal process to provide additional inibimarion, the City will immediately norify Ms. Austin at her last known address prior to the disoiosive of the requested information. 'the parties agree that Ms. Austin was previously provided a reference letter by Mr. Weinberg when he was the Medina City Manager, and that this letter is in Ms. Austin's possession acid control, and the City does not control the dissemination of this letter to prospective employers. 7. REL33ASE OF ALL CLAIMS AND HOLD HARMLESS AGRUM1?NL Linda Austin, being of lawful age, and for the sole consideration of Ninety Thousand and 00/100 Dollars ($90,000,00), and in consideration of the perfonnance of Paragraphs 1 through 6 of this Agreement, does hereby on behalf of herself, and anyone alaianlng through her or on her behalf, J including but not limited to, her past, present, and ftiture spouses, relatives, agents, attorneys, representatives, heirs, executors, administrators, successors and assiPs releases, acquits and forever diwharges the City of Medina, a municipal eorporr Lion, ivlatk Weinberg, tho City's officers, inanagers, agents, ernployecs, servants, successors, heirs, executors, and administrators from any and all claims, actions, expenses and conapensatioi3 whatsoever, which she now has or which site could have brought or initiated to date on account of or In my way arising or growing out of all known and unknown, foreseen and unforeseen bodily and personat .injuries and property -damage and the consequences thereof rWultilg or to result from her contact with mud/or employment with and separation from employmolit with the City of Medinn% which existed or may have existed at any time up to the date of this Agreement. SE'C'I'11ER4111tPI' AGUICI MENT AND RE, LEAS)D OF ALL CLAIMS - 3 This release includes, but is not limited to, any and all claims asserted or that could have been asserted by Ms. Austin in the litigation CU.S.D.C. Western Disttlot of Washington at Seattle Cause No. C09-1530 RAJ), and any and all claims, whether known or unknown, that were asserted or that could have been asserted by Austin in any federal, state or kcal court, commission, department, or agency against the City and/or Mr. Weinberg. It is understood that this release includes, but is not limited to, any claims for wages, overtime, bonuses, benefits, stock options, emotional distress, compensatory damages, or damages of any khid whatsoever, under any fadetVI, state or local employment, contract, or tort law, mguiation, pr-,dirrance or executive order, including, but not limited to the Age Discrimination in Rmployment Act, the Americans with Disabilities Act, Title V11 of the. Civil Rights Act of 1964 (m amended), 42 U.S.C. § 1991, the Employee Retirement Income Security .Act, the Older Workers' Heneiit Protection Act, the Washington Law Against Discrimination, any claiin for breach of contract, express or implied, breach of ilia covenant of good faith and fair dealing, Intentional infliction of emotional distress, negligent infliction of emotional distress, or any other common law claim. Ms. Austin hereby declares that the injuries sustained are or may be permanent and progressive and that recovQry therefiorn is uncertain and indefinite and in maleing this Agreement it is understood and agreed, that she is relying wholly upon her judgment, belief and knowledge of the -nature, extent, effect and duration of said injuries and liability therefore kind is made without ralianco upon any shdament of repYesQntation of the party hereby released or its representatives or by any physician or surgeon by it employed. Ms. Austin represents and warrants that she is the sole owner of the actual or alleged claims, rights, causes of action, and other matters which are released hereur, that tho saine have not been assigned, transferred, or disposed of in fact, by operation of law, or in any manner, and SATTLEM NT AGMlV ZNT AND .1tKLEASE OF ALL CLAIMS - 4 that she has the full right and power to grant, execute and deliver the releases, undertakings, and agreements contained herein. In consideration of the payment of the above sum, Ms. Austin represents, wartunts and agrees that she mWor her legal representative will satisfy any Find all lien claims against the above settlennut sun], or any settlement or jeCGVery ar!Sing out of the jaoidelnt, Casualty or events which occurred as above -described, In Airther consideration of the payment of the above sin, Ms. Austin agrees to indemnify the City, its attorneys of record, and its liability insurance earners or soli -Insured organizations, and agrees to hold the same harmless against .any claim, suit, action or demand asserting a Lien against said settlement funds, including tine expenses of hiveadgatioln, attorneys, fees and other costs of litigation. In further consideration of the paynient of the above stun, Ms. Austhx agrees to indemnify the City f%om any derivative claim, Alit, Fiction or demand niade by any of her former or current spouses arising out of the incidennt, casualty or events which occurred as above -described, B. Ms. Austin represents that, except for the lawsuit to be dismissed pursuant to paragraph 3 herein, neither she nor anyone also acting tluovgh her or on har belnaif has caused to be filed any lawsuit, complaint, derivative claim, charge or glievance against the City or -its officers; managers, agents -or omployeos, that is currently pending with any loea1, state, oa federal agency, court, or union, including but not limited to the Equal Employment Opportunity Commission, the Washington State Human Fights Commission, or in any other faruim, Ms, Austin agrees that she will not cause or encourage any legtil or administrative proceedings to be maintained or instituted against the City regarding any cause of action that She or her spouse may have for anything occurring through the date of this Agreement and that if a commission, SETTLI!:1YlLrNT AGR)uElV ENT AND RELEASE OF ALL CLAIMS - 5 agency, or court assumes jurisdiction of such clnkn, conhplai tt or charge Against the City, she will request the commission, agency or court to withdraw from ilie matter. 9. INDUCEMENTS, The parties aclmowledge that no other person or entity, nor any agent or attorney of any person or entity, has trade any promise, representation, or warranty whatsoever, express or implied, not contained in this written 49-reentennt concerning the, subject matter hereof, to induce the parties to execute this Agreement. The parties further acknowledge that they have not executed this Agreement in reliance upon any such Promise, representation or warranty not written herein. 10. VOLUNTARY EXECUTION, In execrating this Agreement., the parties acknowledge that they have consulted with their dhaly licensed and competent attorneys, anti that they have executed this Agreement -after hidepandent investigation, voluntarily without fraud, duress or undue influence, and they exeluhsively coahsent th&lt this Agreement be given NJI force and effect according to each and every one of its express terms and provisions. II, .ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parrtios and supersedes any prior understandings and agreements between the parties with respect to the subject matteP hereof, There are no other representations, agreements, arrangements or understandings, verbal or written, between and among the parties relating to the subject matter of this Agreement. 12. SEVERABILITY. The provisions of this Agreement are severable, and if any part of it is found to be wilawftal or unenforceable, the other provisions of this Agreement shall remain iillly valid and enforceable to the maximum extent consistent with applicable laNv, SI;WLEMENT AGR + RMENT AND RELEASE OF ALL CLAIMS - 6 13. BINDING NATURE OF AGREEMENT, Except as otherwise herein provided, this Agreement shall be binding upon and inure to the benefit of the parties, their successors, heirs and assigns. 14. APPLICABLE LAW. This Agreement shall be construed and interpreted under the laws of the State of Washington. 15. AUTHORITY To SIGN. Eaoh of tite panties signing hereto warrants that it has the full authority to sign this Agreement binding their maitai community, themselves, or the governmental entity upon and on behalf of said individual who is signing. 16. A.OLDISCRIMINAT.ION IN EMPLOYMENTACT (At)EA) RIGHTS. Ms. Austin agrees that she has been advised to consttlt With am attorney and a tax advisor prior to exectiiing this Agreements and that, In fact, she has consulted with an attorney of her choice as to the subject matter and effect of this Agreement. Ms. Austin agrees she has been pt•orided the opportunity to consider for twenty-one (21) days Whether to enter into the A9twMent, and has talten as unuclr of this time as desired prior to signing the Agreement, and that she has knowingly .and voluntarily chosen to enter the Agreement on I this date, Ms. Austin understands than she may revoke the Agreement at any time during the period of seven (7) days following the execution of the Agreement. The Agreement shnil become effective following expiration of this seven (7) day period. Ms. Austin acknowledges that she has carefully read and fuiiy understands all aspects of the Agreement, that she has not relied upon any representatiotus or statements not set forth herein or made by tite City of Medina, or its agents or representatives auud than she enters into the A:greoment freely, and without duress of any bind or nature. Ms. Austin SETTLEMENT AGRIMMENT AND RE, LEASE OF ALL CLAIMS - 7 1 i understands that tits Agreement waives important legal rights, including those under the Age Disc,riminatiou ill Employm out Act, Ms, Austin agrees that if she decides to exercise her right to resoind the Agreement during the seven days follewhag execution of the Agreement, she will refund the Ninety Thousand Dollars ($90,000A0) in Rill to the City within ten days of payment if payment Is made prior to rescission of the Agreement. I, LINDA AUSTIN, CERTIFY THAT I HAVE IMVIE'SrV.ED TRIM SETTLgINM, NT AGREEMENT AND RELEASE:'IIA.T I UNDERSTAND I`I`, A.11D TUAT I AGREE TO BE LEGALLY BOUND BY ALL ITS TERMS. Dated. P-06 d'f .-•� 11l`IbA AUSTIN I, .DONNA HANSON, ON BI+,HALt+' OF TIME CITY OF igum - , CERTIFY THAT I HAVE REVIEi'VED T FIIS AGRE.ENXENT, THAT I UNDERSTAND IT, AND THAT I AMME, ON BEHALF Or TIXE CITY Orj TO BE LEGALLY BOUND BY ALL IT TERMS. Dated: DO NA HANSON, ity Manager WASI- INGTON j )ss County of ) SETTLEMENT AGREEMENT AND RE LrilASE OF ALL CLAIN.LS - 8 I certify that on this j7'L" day of January, 2011, Linda. Austin appeared personally before me, signed the above Settlement Agreement Enid Release, and acknowledged that it was sighed Iteely and voluntarily. ftwo Naiu NotaTy U [a in al for he State of Washington residing at,�_� r�G . `.! My comtxaission expires jCL! WASHINGTON ) )ss County of ) I certify, that on this day of January, 2011, Donna Hnnson appeared personally before me, signed the above Settlement Agreement and Release, and acknowledged that it was signed freely and voluntarily. DATED: -5—a Y% . ` x26 LI Name, ' 'rj . _ - Notary Pt'blic in and fox the State of Washington residing at Niy Commission expires S �.. LEMENT AGREEMENT AND RELEASI" 4T' ALL CLAIMS - 9 Medina City Council Regular Meeting ITEM CA-9 Monday, April 11, 2011 AGENDA BILL Subject: City Council Strategic Goals, Ground Rules Category: ® Consent El Ordinance ❑ Public Hearing g ❑ City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Donna Hanson, City Manager Summary: City Council Retreat held a retreat on March 281h. At that time they reviewed the 2009 Adopted Strategic Goals. Council members discussed some of the accomplishments toward these goals such as progress related to 520, City Hall remodel, and the public works shop. Two additional goals were added related to city finances and community communications. The attached summary lists the seven goals that are intended to build and implement the vision for Medina over the next five to ten years. The list is intended to be a spring board for further budget planning in all of the seven areas and is not in priority order. The common goals are as follows: SR-520 access and impacts Local traffic and pedestrian safety issues Facilities and Infrastructure, planning and funding Public Safety and emergency preparedness Comprehensive Plan and user friendly land use regulation Financial sustainability Communication strategy for optimum public awareness Also discussed at the 3-28-11 retreat were Council meeting ground rules. It is recommended that the ground rules be adopted on an interim basis until Council Guidelines are completed later this year. Attachments: Draft Strategic Goals revised 3-28-11 Ground rules revised 3-28-11 Public Comment Sheet revised 3-28-11 Budget/FiscalImpact: None Staff Recommendation: Adopt Strategic Goals and Ground Rules City Manager (\ Approval: (� Proposed I move to approve the seven strategic goals and revised council Council Motion: around rules. ITEM CA-9 Medina City Council 2011 Strategic Goals Adopted 4-11-11 The following goals are not listed in priority order but reflect the City Council's Strategic Goals for roughly the next five to ten years. A. Highway 520: Protect Medina's interests impacted by SR 520 construction project related to lid design, regional tolling, transit, park and ride lot, noise walls, 84t" Ave. and control of land use adjacent to the 520 right-of-way B. Local Traffic: Develop a plan and implementation strategies for traffic safety and calming, to discourage speeding and cut -through traffic, encourage safe pedestrian and bicycle access, and create visible entry points into the City C. Public Safety: Reach a full complement of police staff and promote public safety through policies that support education, emergency preparedness, effective and efficient use of technology in order to maintain a safe and secure community D. Facilities and Infrastructure: Develop and implement a capital improvement plan that identifies needed projects and funding for maintenance and upkeep, shop facilities, park expansion, underground utilities, pedestrian walkways and trails, and storm water improvements E. Land Use: Ensure that Medina's Comprehensive Plan, building and zoning codes protects the natural suburban environment and the quality and character of the City through processes that are clear and serve both owners and neighbors F. Finance: Ensure a sustainable budget whereby ongoing revenues meet ongoing expenditures though the development and maintenance of sound financial policies to include but not limited to maintenance of appropriate fund balances G. Communications: Maximize public awareness and involvement in City business with continuous improvement of communication strategies and industry standards to deliver timely information regarding city services, programs, and events. ITEM CA-9 City of Medina City Council Ground Rules for City Council Meetings and Council/Staff Interaction The following ground rules are established by the Medina City Council to guide how the city council conducts its business at city council meetings and interacts with city staff. The goal is to provide direction in how council members are expected to treat one another, city staff, constituents and others they come into contact with in representing the City of Medina. it further clarifies the city council's expectations of citizens and staff in the conduct of city business. 1. City Council Meetings City council meetings are most effective when a. Everyone on the council participates in discussion and voting (unless an individual member has a conflict). b. Meetings start on time and end on time (or early). c. The goal for each agenda item is clear and results in a decision. d. The council moves forward expeditiously without rehashing previously discussed information or engaging in conversation with the public during the business meeting. e. The city council conducts itself in a courteous, professional and respectful manner toward each other, the staff and the public. f. Council members maintain a balanced perspective and, a sense of humor in conducting the public's business. g. The staff (especially the city manager and city attorney) participate in council discussions by offering guidance, advice, options and draws upon their professional experience. h. The mayor uses the gavel to control the meeting and move it along including exercising the prerogative of the chair to call for timely breaks. i. Council members do not surprise one another or staff at a public meeting with anything that could be discussed before- hand so that council members and staff can be prepared to respond. j. Council members speak with one voice once a vote has been taken and do not work to undermine the decision of the council. k. Council members read the agenda packet beforehand and come to council meetings well prepared. I. Council members contact the appropriate staff with questions before the meeting. m. Electronic devices are not to be used for texting or e-mailing during council meetings. n. There is effective citizen participation/comment which is: L Courteous. ii. Respectful iii. To take place during the public comment portion of a Regular meeting only. iv. Not interrupting a presentation or Council discussion. V. Limited to three minutes and Council members do not engage the speaker in a discussion but rather refer the matter to the City Manager if appropriate and the public is informed of this practice at the beginning of the meeting. vi. On any issue on the Council agenda or any other item on which they choose to address. vii. A summary of more lengthy written material being submitted. ITEM CA-9 o. Items on the council agenda will be addressed in the following order: i. An introductory staff presentation including background, analysis, options and a recommendation. ii. City council questions of staff. iii. City council motion based on Roberts Rules of Order iv. City council discussion. V. City council vote. p. Discussions in Council meeting should be limited to items of motion when possible. q. Council member contact outside council meetings: It is considered acceptable for council members to contact each other outside council meetings for the purpose of obtaining information, answers to questions, etc. It is not appropriate to use such contact for the purpose "locking up" votes on an issue prior to a Council meeting to the exclusion of full debate, discussion and considered decision making among all members of the city council. r. Attendance via speaker phone: Each member of the city council is granted one public meeting (not executive session) per year where he/she may be in attendance via speaker phone. 2. City Council/Staff Interaction Ground Rules In addition to the ground rules above which apply to the staff, the following also apply to council/staff interaction. a. Council members may ask city manager for up to one hour of research on a city related topic or issue as long as the cumulative effect does not take staff away from accomplishing the council's work plan or work authorized by the city council. Anything requiring more staff time should be brought to the full city council consideration. b. Information generated by staff or addressed to City Council of general interest from staff or addressed to the city council will be sent to all council members. c. City staff shall not lobby individual council members on any matters but rather should work through the city manager. d. Council members shall not publicly criticize the city staff. If there are concerns it should be discussed with the city manager privately. e. Council members shall at all times be respectful of staff and treat them as professionals. f. Individual Council members or Council committees may provide direction to the city manager or staff prior to full council consideration. Council member name Council member signature Date ITEM CA-9 A Public Hearing is a specific time allowed for members of the public to provide input/testimony to the City Council on a particular subject which has been legally posted as a Public Hearing. Complete the following information and submit to the City Clerk prior to the meeting. When your name is called, proceed to the podium and state your name and address. Please limit your comments to 3 minutes. PLEASE PRINT LEGIBLY Name: Address: Phone: 1. Public hearing sign in sheet must be completed before speaking. 2. Public testimony is limited to three minutes per speaker. 3. No speaker may convey or donate his or her time to another speaker. 4. Comments shall be courteous and respectful at all times. 5. No person may use public comment for the purpose of campaign or advertisement. 6. This is not a question and answer time and Council can not engage in conversation with the public. 7. No further testimony will be taken once the public hearing closes. 8. The presiding officer has the responsibility for enforcing these rules. ❑ I WISH TO SPEAK to the City Council on the following agenda item and/or issue: ❑ IN LIEU OF SPEAKING I request the City Clerk to include my written comments into the public record. Signature Required: Date: By signing, I acknowledge public comment rules presented on this form. Pursuant to RCW 42.56, this document is considered a public record. Disclosure may be required upon request. ITEM CA-9 of MF���L CITY COUNCIL ICI E ETI N+G PUBLIC COMMENT SIGN IN SHEET Public comment is encouraged and appreciated. With the exception of public hearings, this is the only opportunity for the public to address the City Council on agenda items or any other city related business. In order to accomplish all 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 and no immediate action will be taken on any public comment issue. Complete the following information and submit to the City Clerk prior to the meeting. When your name is called, proceed to the podium and state your name and address. Please limit your comments to 3 minutes. PLEASE PRINT LEGIBLY Name: Address: Phone: 1. Public comments sign in sheet must be completed before speaking. 2. Public comment limited to three minutes per speaker. 3. No speaker may convey or donate his or her time to another speaker. 4. Comments shall be courteous and respectful at all times. 5. No person may use public comment for the purpose of campaign or advertisement. 6. This is not a question and answer time and council can not engage in conversation with the public. 7. Questions and concerns about operations should be addressed with city staff during regular business hours. 8. The presiding officer has the responsibility for enforcing these rules and may change the order of speakers so that testimony is heard in the most logical groupings. ❑ I WISH TO SPEAK to the City Council on the following agenda item and/or issue: ❑ IN LIEU OF SPEAKING 1 request the City Clerk to include my written comments into the public record. Signature Required: Date: By signing, I acknowledge public comment period rules. Pursuant to RCW 42.56, this document is considered a public record. Disclosure may be required upon request. Medina City Council Regular Meeting ITEM 013-1 Monday, April 11, 2011 AGENDA BILL Fairweather Park Temporary Construction Easements For SR 520 Subject: Construction and Park & Ride Lot Discussion Category: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Joe Willis, Sr., Public Works Director Summary: The SR 520 Medina to SR 202, Eastside Transit and HOV Project Design/Build Contractor, Eastside Corridor Constructors (ECC), is in the early staging phases for the construction of the Evergreen Point Roadway lid. To eliminate truck hauling on City Streets, ECC proposes to access the project site from the freeway. To do so, they must construct a temporary construction haul road westbound loop ramp on the west side of the Evergreen Point Road bridge (see attached Plan #1 ES2 that shows a shaded area for the proposed loop off -ramp on the west side of the bridge up to Evergreen Point Road). To complete the truck routing back onto the freeway eastbound, they must utilize the former toll plaza access roadway (present Park & Ride lot). This will close the Park & Ride lot for the period of the lid construction (approximately 24 months). Based on discussions with Chris Deane, Civil Construction Manager for ECC, if the City desires that parking be made available for the transit ridership, there are limited options for consideration. The first option that was examined was placing a very limited number of parking spaces among the trees on the north side of the staging area next to an adjacent residential home (possibly 12 spaces). The second option that I proposed was the use of the Fairweather Playfield area that upon completion of the new park & ride lot the paving would be removed and a new playfield be constructed with a sand based grass field with under - drainage, new irrigation, and sport field turf so that it will be more playable year round. This option will also add fill to the existing field that will raise it up approximately 1.5 feet and reduce the elevation difference from the new freeway lid and the playfield area. ECC has also requested a temporary construction easement for temporary underground tie -backs for shoring walls to accomplish the excavation and construction of the new freeway lid support structure walls adjacent to the Park (see Plan showing freeway lid and shaded temporary construction easement areas). The temporary tie -backs are proposed to extend underground along the south edge of the existing tennis courts in Fairweather Park. They will be abandoned following the new structure construction. That portion of the Park to be impacted by tie -backs is shown on the referenced plan on the south side of the tennis courts along the south margin of the Park. Also shown on that same plan is a portion of the present playfield area needed for maintaining temporary Evergreen Point Road north and south access across the freeway lid during its phased construction. The temporary roadway will require a temporary retaining wall and fill to be placed on the area to support it. These will be removed following completion of the lid. Attachments: Plan Sheet 1 ES2 Plan Showing Freeway Lid and Shaded Temporary Construction Easement Areas. Budget/FiscalImpact: None. Authorize the temporary use of Fairweather Park and the City Manager to motion to autnorize temporary use of 1-airweatner Nark for 5H 520 construction and authorize City Manager to Negotiate & Sign Temporary ProposedCouncil Motion: Construction Easement Agreement(s). c a z I < cc ¢¢ O W zLd 61 01, `\ CL 1 ¢ m a v> m z z 0 0 u o C"7 Z u LLJ �a V _o X- WN O_ J roc Ulilt `. jno f '/ .yi• 1`t /ill I_ — 9 0 ... . - _ so 40 He VF n Medina City Council Regular Meeting ITEM OB-2 Monday, April 11, 2011 AGENDA BILL Subject: Selection of Medina Hearing Examiner Category: ❑ Consent ❑ Ordinance ❑ Public Hearing g ® City Council Business ❑ Resolution ❑ Other — Discussion Prepared By: Robert J. Grumbach, AICP, Director of Development Services Summary: As part of the on -going efforts to ensure the City is getting the best merit for our consultant services, a Request for Proposals for Hearing Examiner Services was issued. Three proposals were received: 1. Robin Thomas Baker 2. Olbrechts & Associates 3. Sound Law Center The Medina Municipal Code requires the City Council to provide the City manager with comments regarding the qualifications of the hearing examiner candidates. The question being posed by staff is how the City Council wants to fulfill this requirement. A memo has been prepared outlining two possible options and information on the candidates' qualifications. Staff also included a recommendation to select Sound Law Center should the City Council be comfortable with the information provided and not wish to interview the candidates. As an alternative, if the council wishes to interview the candidates as a body or as a committee, a meeting date needs to be set. Attachments: 1. RFQ Hearing Examiner Services Memo 2. Hearing Examiner Request for Proposals Budget/Fiscal Impact: $17,000 has been budgeted for hearing examiner services Staff Recommendation: Authorize the City Manager to negotiate an agreement with Sound Law Centek for hearing examiner services City Manager. Approval: Proposed I move to authorize the City Manager to negotiate and sign an agreement Council Motion: with Sound Law Center for Hearina Examiner Services. ITEM OB-2 �* CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.aov To: Medina City Council From Robert J. Grumbach, AICP Date: April 11, 2011 Subject: RFP HEARING EXAMINER SERVICES As part of on -going efforts to ensure we are getting the best merit for our consultant services, a policy to regularly review consultant contracts was established. In support of this policy, a Request for Proposals for Hearing Examiner services was issued in early January. Three proposals were received: 1. Robin Thomas Baker (current hearing examiner); 2. Olbrechts & Associates; and 3. Sound Law Center Pursuant to MMC 2.78.020, the City Council provides the City manager with comments regarding the qualifications of the final candidates. To meet this requirement, staff is posing the question how the council wishes to provide their comments. Two possible options available include: 1. Interview all three candidates by the entire council or a council committee and provide comments to the City manager based on the interviews; or 2. If the council is comfortable with the information and the staff recommendation below, authorize the City manager to negotiate and sign a contract with Sound Law Center for hearing examiner services. The following is a summary of the candidates' qualifications: Robin Baker: • Served as Medina Hearing Examiner since February 2003 • Licensed attorney in the state of Washington • Has provided hearing examiner services since 1990 • Previous hearing examiner in Bainbridge Island and served as pro tem in Kitsap County and Bremerton • Proposed fees: $150 per hour; or $1,400 per hearing for up to 10 hours, plus $150 per additional hour • No backup or support personnel Olbrechts & Associates: Phil Olbrechts (lead), Vicki Orrico (alt.), Emily Terrell (alt.) • Licensed attorney in the state of Washington • Phil has provided hearing examiner services since 1989 ITEM OB-2 • Currently provides hearing examiner services to nine cities including Auburn, Federal Way, Fife, Mason County, Port Townsend, Edmonds, Mountlake Terrace, San Juan County and Black Diamond • Averages 10 to 25 hearings per month • Proposed fees: $145 per hour; or offers a flat $800 to $1,050 per hearing depending on the amount of hearing time (typical hearings are half hour to one hour), hearings lasting over one hour would have an additional flat fee of $175 per each extra hour • Has support staff to assist with issuance of decisions Sound Law Center: Kimberly Allen (lead), Ted Hunter (alt.), Kristen Larson (alt.) • Licensed attorney in the state of Washington • Kimberly has provided hearing examiner services since 2008 (prior to this she help conduct hearings as a member of the City of Redmond Planning Commission and currently the Redmond City Council) • Previous experience as a prosecutor and Assistant Attorney General (Arizona) • Currently provides hearing examiner services to Kent, Mill Creek, Mukilteo, Battleground, Kenmore, and Hunts Point as well as other jurisdictions who contract with Sound Law • Proposed fees: $120 per hour (blended rate); or $1,800 per hearing (based on 15 hours). Professional hourly rates range from $60 to $175 per hour • Sound Law Center was previously Driscoll and Hunter: o Ted Hunter has over 20 years of hearing examiner experience in over 20 jurisdictions o Jim Driscoll and Ted Hunter were Medina Hearing Examiner from April 2001 to February 2003 • Has support staff to assist with issuance of decisions STAFF RECOMMENDATION: All three offer excellent choices and all three candidates could serve Medina well as hearing examiner. In making a staff recommendation, the following strengths were analyzed: • All three candidates observed by staff conducted excellent hearings. They do a good job at educating the public on hearing procedures and at controlling the flow of a hearing. Staff has experience working with both Robin Baker and Ted Hunter with Sound Law. • Olbrechts and Sound Law have more resources and available backup help. Sound Law has a slight advantage in that they have considerably more experienced backups and overall hearing examiner experience. • Both Sound Law and Olbrechts are excellent at issuing decisions within the required timeframe of 10 working days. • Robin Baker has more familiarity with development in Medina. However, Sound Law is also familiar with the area with its services to Hunts Point and previously to Medina • Olbrechts and Sound Law Center overall costs per hearing are anticipated to be similar. They both are anticipated to have a slight cost advantage over current expenditures. I% ITEM OB-2 The City identified three selection criteria in the Request for Proposal that we would utilize in determining finalist with whom to negotiate a contract: Responsiveness of the written proposal to the purpose and scope of service; Proposed pricing; and Ability and history of successfully completing contracts of this type, meeting projected deadlines and experience in similar work. Based on their overall experience, their ability to provide backup help, anticipated hearing costs, and familiarity with the area, staff is recommending contracting with Sound Law Center for hearing examiner services. 3 ITEM OB-2 Robin Thomas Baker 7092 NE Bayhill Road Bainbridge Island, WA 98110 January 4, 2011 Robert J. Grumbach Director of Development Services 8398 N.E.12'h Street #A Medina, WA 98039 Re: Proposal for Hearing Examiner Services Attorney to provide all hearing examiner services: Robin Thomas Baker, email: robinbakerC& ainbridge.net ; phone 206 8421949; mailing address: 7092 NE Bayhill Road Bainbridge Island, WA 98110 Qualifications: I hold a 7uris Doctor degree from Duke University School of Law and have been a licensed allomey in the state of Washington for more than 30 years. I have limited my legal practice to hearing examiner work since 1990. I have served as the hearing examiner for the City of Medina since February 2003. I served as a hearing examiner for Bainbridge Island from 1990 to 1996 and again from 1998 to 2004. I have also served, on a case by case basis, as a hearing examiner pro tem for both K.itsap County and the City of Bremerton. I have extensive institutional knowledge about the application and interpretation of Medina's Municipal Code and Shoreline Management Master Program. I keep up-to-date with legal decisions on land use issues by attending CLE seminars on environmental law and land use law and by attending the annual Washington 'State Hearing Examiners conference. Areas of expertise: I have experience hearing land use, shoreline and code enforcement matters. Hearing procedures: pre -hearing file review (1 hour); site visit (1/2 hour); conduct public hearing (1 hour); prepare findings of fact and conclusions of law (6 to 7 hours); file decision with the City Clerk, email and mail decision to staff (112 hour); maintain copy of hearing record (duplicate of City's permanent file). I will perform all legal and administrative duties. Fees: I charge an hourly rate of $150.00 per hour or, in the alternative, $1400 per hearing for up to 10 hours of work on a case; hours in excess of 10 would be billed at $150.00 per hour. Travel time is not included in billed time. Casts of copying or mailing are included in the hourly rate and not billed separately. ITEM OB-2 Writing samples: on file with the Medina City Clerk. Personal references: The Honorable J. Robin Hunt, Court of Appeals Division U, email: jrobinhinit@msn.com Anne DeVoe Lawler, attorney, email: alawler(a)jbsl.com; Joseph Gellings, former Medina Director of Development Services, email eg llings.jt'acaportseattle.org Schedule of next hearing: February 3, 2011 public hearing for City of Medina at St. Thomas Church at 5:30 pm. ITEM OB-2 /Ibrecht Associates, PLLC 13833 74" 5t. NE ( Granite Falls. WA 98252 ( (2061 35G - 7288 a brechtelawagmal#_corn HEARING EXAMINER PROPOSAL Please accept this as the proposal for hearing examiner services from 01brechts and Associates, PLLC. The proposal is designed to address the issues requested in the City of Medina request for hearing examiner proposals. Qualifications and Experience Phil 01brechts would serve as the lead examiner for the City. Based upon historical performance, Mr. Olbrechts will probably conduct over 97% of the hearings for the City of Medina. In very rare circumstances Mr. Olbrechts will assign an alternate if he has a conflict with a previously scheduled hearing or if he is ill or on vacation. Mr. Olbrechts has represented cities and counties since 1989. He currently serves as the Hearing Examiner for Auburn, Federal Way, Fife, Mason County, Port Townsend, Edmonds (contract up for first City Council approval), Mountlake Terrace, San Juan County, and Black Diamond and has conducted well over 1000 hearings in the past twelve years. He has never lost a hearing examiner contract and has served as the Mason County hearing examiner since 1999_ He also serves as the City Attorney for Buckley, Milton, and Index. Working with planning staff of these cities on a daily basis gives Mr. Olbrechts a unique understanding of how Examiner decisions are implemented at the staff level. In years past, Mr. 01brechts has also represented neighborhood groups and developers on land use issues. He has represented parties in all levels of the courts, including the United States Supreme Court, the Growth Management Hearing Board, and the Shoreline Hearings Board. Mr. Olbrechts is on the leading edge of developing land use law due to the dozens of land use seminars and courses he teaches each year. He also writes several land use articles each year for organizations such as the Municipal Research Services Center and the Washington State Bar Association ("WSBA"). He is currently co-chairing the yearly conference of the Environmental and Land Use Law Section of the WSBA. Because of his extensive involvement in developing case law, the land use decisions Mr. Olbrechts writes are always consistent with developing judicial and legislative requirements. {PA0791146.DOC;11J9910.00111 A} ITEM OB-2 01brechts and Associates, PLLC Staternent of Qualifications - 2 Mr. Olbrechts received a B.S. in molecular biology from the University of Washington and a J.D. with honors from the University of Puget Sound School of Law. He was admitted to practice law in Washington State in 1989. After stints as the City Attorney and Planning Director of Forks, Washington, and Planning Director of Sequim, Washington, he became an Associate at Ogden Murphy Wallace, P.L.L.C. ("OMW") in 1994. He left OMW for three years in 1997 to teach land use law at the University of Washington and work on other projects. During that time he developed his hearing examiner practice, working for cities such as Mount Vernon, McCleary, and Shelton. He passed those clients on to his associate examiner and returned to OMW in 2000 as of counsel, where he subsequently became a Member (similar to a partner in law firm partnerships) in 2004. OMW has over forty attorneys and Mr. Olbrechts was a member in the firm's municipal department, where he's had the privilege of collaborating with the state's best municipal attorneys on land use issues. Mr. Olbrechts established Olbrechts and Associates, PLLC C'OA") on November 1, 2010 in order to maintain competitive rates for his clients. Over 70% of the practice of Mr. Olbrechts will be devoted to Examiner services. The remaining portion of his practice is primarily composed of providing land use services to his city attorney clients. As Hearing Examiner, Mr. Olbrechts currently conducts ten to 25 hearings per month. He has issued decisions or recommendations on every type of land use application imaginable, including shoreline substantial development permits, temporary use permits, conditional.use permits, boating facilities, binding site plans, commercial developments, subdivisions, zoning changes, street vacations, public facilities, utilities, preliminary plats, plat alterations and master plans and master plan amendments. He recently completed a hearing on the largest development project ever proposed in King County, composed of 6,000 homes and over one million square feet in commercial space. He has also extensive experience in conducting administrative appeals and has done hundreds of hearings involving attorneys. He has done dozens of code enforcement cases, both as Hearing Examiner and as City Attorney. Vicki Orrico will serve as an alternate Hearing Examiner and assist in the writing of decisions. Ms. Orrico has been practicing law since 1986 and is a former of counsel to the municipal department of OMW. Ms. Orrico has served as a pro tem Hearing Examiner and has extensive experience in representing municipalities and private individuals in land use issues. Ms. Orrico will subcontract with OA as needed to provide back-up services. Her subcontract will be subject to all the terms and conditions of the OA contract with the County. Emily Terrell will also serve as an alternate Hearing Examiner and assist in the writing of decisions for nonlegal cases and issues. Ms. Terrell is the former planning director of the City of Milton and also served as an AICP certified Senior Consultant with PMC, a planning consultant firm. Prior to that she served as a transportation planner and taught graduate planning courses at Clemson University. She has a Master of City and Regional Planning from Clemson University. Ms. Terrell will subcontract with OA as needed. Her subcontract will be subject to all the terms and conditions of the OA contract with the City and will be at 70% of the rate charged for member attorneys. ITEM OB-2 Olbrechts and Associates, PLLC Statement of Qualifications - 3 On occasion Mr. Olbrechts uses contract writers to prepare portions or preliminary drafts of his decisions. Mr. Olbrechts uses contract writers in order to save his clients on the costs of preparing decisions and/or to meet decision deadlines for time consuming decisions. Currently Mr. Olbrechts uses Alice Diambri and Tom McCarthy for preparing draft summaries of testimony and for proofing decisions. Mr. McCarthy is a former newspaper reporter and has a degree in Journalism, English and Psychology from the University of Washington and a Masters in Education from Western Washington University. Ms. Diambri has a degree in criminal justice from the University of Washington. Mr. Olbrechts has also been extensively using the services of Crystal Miller, who recently received her law degree from Seattle University and an advanced law degree in taxation from the University of Washington. Mr. Olbrechts has people available to operate recording equipment during hearings if desired by the City of Medina, but he doesn't have any particular individual person in mind for that position at this time. Mr. McCarthy and Ms. Diambri are billed at $35 per hour and Ms. Miller at $65 per hour. Clerical support during hearings would be billed at $25 per hour. TYPE OF HEARINGS Mr. Olbrechts proposes to conduct all hearings assigned to the Hearing Examiner by the Medina Municipal Code. As a City Attorney since 1991, Assistant City Attorney since 1989 and Hearing Examiner since 1998, Mr. Olbrechts has been involved in every type of municipal proceeding currently assigned or that could be assigned by Medina's regulations, including building code appeals, health code appeals, junk vehicle proceedings, dangerous dog appeals, business license revocations, noise variance requests and code enforcement actions, administrative appeals, etc. Of course, as previously mentioned, Mr. Olbrechts has extensive experience and proposes to do all hearings for land use applications, appeals and code enforcement as well TEVIE ESTIMATES It is difficult to provide any meaningful estimate as to how much time assigned personnel will spend on any given type of hearing. The total billed time spent on a hearing can vary wildly from a couple hours (including the proposed half hour travel time) for a hearing of no controversy to dozens of hours for hearings involving legal briefing by attorneys and hours of testimony. In most jurisdictions, 80% of the decisions are completed in approximately six hours with no use of contract writers (i.e. all charges are based upon the time of Mr. Olbrechts). About 10% of the decisions are done in less than six hours (typically for simple requests such as permit extensions) and the other 10% take more time, sometimes significantly more time. The participation of lawyers in a hearing can drive up costs exponentially. Not surprisingly, jurisdictions with a high income demographic tend to have lawyers involved more than others. When contract writers are involved, summary of testimony can take around two hours for every hour of hearing. Proofing usually takes less than an hour for an average length decision. Preparing preliminary drafts of routine decisions that involve previously drafted "templates" can take around an hour a page or less. Mailing a decision to a handful of participants will usually take around a half hour and that time is not charged to the City. As to an outline of tasks with the time associated for each, the outline below would be for the 80% typical case where Mr. Olbrechts does most of the work: ITEM OB-2 Olbrechts and Associates, PLLC Statement of Qualifications - 5 Olympia, WA 98504-252 Port Townsend, WA 98368 Phone (360) 725-3047 Phone: (360) 379-5047 (Mr. Rogerson coordinates with Mr. Olbrechts on land use training presentations) Jeff Dixon (professional reference) Principal Planner City of Auburn 25 West Main Street Auburn, WA 98001-4998 Phone: (253) 931-3000 Steve Pilcher (professional reference) Planning Director City of Black Diamond P.O. Box 599 Black Diamond, WA 98010 Phone: (360) 886-2560 Dave Schmidt (personal/professional) City Administrator City of Buckley P.O. Box 1960 Buckley, WA 98321 Phone: (360) 829-1921 Barbara Adkins (professional reference) Community Development Director Mason County P.O. Box 279 Shelton, WA 98584 Phone: (360) 427-9670, Ext. 603 Greg Fewins (professional reference) Senior Planner City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Phone: (253) 835-2543 0 Sound Law Center Dispute Resolution Services www.sourtdfaweenter corn (206) 628-0700 January 27, 2011 Robert J. Grumbach, Director of Development Services City of Medina 8398 N.E. 12th Street #A Medina, WA 98039 ITEM OB-2 RE: PROPOSAL TO PROVIDE HEARING EXAl HNFR SERVICES Dear Sir or Madam: We propose that Sound Law Center be selected to provide Hearing Examiner services for the City of Medina. This letter with attachments is our response to your Request for Proposals. Sound Law Center focuses exclusively on land use hearing examiner services, dispute resolution of land use conflicts and land use training. Individuals at Sound Law Center have extensive background and experience in land use law and hearing examiner services. We provide in the attachments a detailed description of the qualifications and experience of Sound Law Center; rates of compensation; references and resumes_ We also attached examples of decisions. Thank you for considering Sound Law Center to provide Hearing Examiner services to the City of Medina. We look forward to hearing from you. Sincerely yours, Ted Hunter Managing Partner, Sound Law Center, LLC 4500 Ninth Avenue NE, Suite 300 Seattle, WA 98105 Attachments: L Statement of Qualifications & Experience; II Rates of Compensation; III. References; IV Resumes; V Examples of Decisions ITEM OB-2 Attachments to Sound Law Center's Response to Hearing Examiner RFP I. Statement of Qualifications & Experience II. Rates of Compensation III. References IV. Resumes V. Examples of Decisions Proposal for Hearing Examiner Services Sound Law Center to the -City of Medina Januaty 2011 ITEM OB-2 I. STATEMENT OF QUALIFICATIONS & EXPERIENCE A. The People Individuals at Sound Law Center are recognized for their expertise in land use law throughout the Puget Sound region. The members of Sound Law Center who would be primarily dedicated to serving the City of Medina is Kimberly Allen and Ted Hunter, with support provided Kristen Larson and others at Sound Law Center. All have extensive experience in the courts and administrative law system involving land use decisions, including all types of land us applications and code enforcement matters. Detailed information about each individual is provided below, and in the attached resumes. Ms. Allen Ms. Allen is a graduate of the University of Michigan where she received a Bachelor of Arts degree in Political Science, and Michigan State University College of Law, where she received her Juris Doctor Cum Laude. Ms. Allen has been involved in municipal law for many years. She currently is a member of the Redmond City Council with responsibility for review and evaluation of land use issues including comprehensive plan amendments, land use code changes, quasi- judicial oversight of land use decisions, and GMA compliance. Prior to joining the Council in 2005, Ms. Allen was Vice Chair of the Planning Commission with responsibility for preparation of transportation management plans, updates of critical area ordinances, updates of the shoreline master program, and review of zoning code amendments. In this role, Ms. Allen conducted numerous public hearings prior to making decisions on land use matters. Ms. Allen is the Chief Hearing Examiner for Kitsap County, and also provides services in the other jurisdictions where Sound Law Center serves as Hearing Examiner. In addition to her direct experience in municipal land use decisionmaking, Ms. Allen offers an extensive background in the judicial system including representation of state agencies in administrative, superior and appellate court forums. She also has experience drafting proposed regulations and legislation. She is a member of the Washington State Bar Association and sits on the King County Growth Management Planning Council. Ms. Allen brings her breadth of experience to the bench as a Hearing Examiner. She knows land use issues and is intimately familiar with land use law as it applies to cities and counties. She also knows how to conduct a hearing, how to handle evidentiary issues, and how to avoid the pitfalls of liability for failure to follow proper procedures. Mr. Hunter Mr. Hunter is a graduate of the University of Washington School Of Law. He serves as Hearing Examiner on a contract basis in jurisdictions ranging in population from under 500 to nearly 300,000 residents. The types of hearings he conducts include variances and conditional uses, SEPA appeals, Shoreline Management Act pen -nits and appeals, preliminary plats, PRD applications, city staff administrative appeals, search and seizure forfeitures, zoning enforcement actions, false alarm appeals, illegal sign violation appeals, noise abatement appeals, code appeals, and Llb rolls and assessments. He has established Hearing Examiner systems in many municipalities and improved the efficiency of existing systems. He has also presented training programs in land use decision -making for councils and planning commissions on behalf of the Association of Washington Cities and the Washington Cities Insurance Authority. During his tenure as Hearing Examiner, less than one percent of his decisions have been appealed and no reported Court decision has overturned a decision made by him. Mr. Hunter would assist Ms. Proposal for Hearing Examiner Services Sound Law Center to the City of Medina January 2011 ITEM OB-2 Allen in fulfilling the duties of Medina. Hearing Examiner when needed, including directly providing hearing services if requested by the City. Mr. Hunter's experience includes extensive litigation, arbitration and mediation experience. This experience can assist the City of Medina if it is interested in finding alternative methods to resolve disputes outside the formal hearing examiner system. Ills. Larson Kristen J. Larson is the Chief Legal Writer at Sound Law Center. Kristen completed her undergraduate studies at the University of Wisconsin with a focus on land use, environmental policy and landscape architecture. She is a graduate of the University Of Washington School Of Law with an emphasis on environmental law, land use law, and mediation. She is a member of the Washington Bar Association. Prior to joining Sound Law Center in 2006, Kristen served as a law clerk for the U.S. Department of Justice Environment Division and as a legal intern for the U.S. EPA. In addition to land use law, Kristen has expertise in water law, hazardous waste control, tribal relations, and Washington property law. Kristen's research on northwest fisheries regulation was published in the Harvard Environmental Law Review. Kristen also has experience as a Hearing Examiner in Woodinville, Issaquah and Kitsap County. Kristen will be primarily responsible for conducting legal research and drafting decisions for the Hearing Examiner in the City of Medina. She will also be available to conduct hearings with the consent of the City. Staff If appointed by your Council, Ms. Allen would serve as Hearing Examiner. Mr. Hunter and Ms. Larson would also be available to conduct hearings in the City of Medina only with the consent of the City. Others may assist with research and writing to reduce the cost of services. SLC employs law students, legal writers and attorneys to keep costs down while still producing high quality, legally defensible written decisions. Sound Law Center maintains an extensive data base of past decisions, including references to relevant case law, which will significantly reduce the time and cost required to make a decision. Several skilled hearing officers in addition to Ms. Allen and Mr. Hunter are also available with consent of the City. Mr. Hunter would be the contact person regarding the operations of the office of the Hearing Examiner. B. Approach Availability We are available immediately to provide un-interrupted, high quality Hearing Examiner services to the City of Medina. The SLC team consists of skilled individuals including law students, research attorneys, legal writers and hearing officers.' Ms. Allen and Mr. Hunter will be responsible for each decision; the City may choose which Hearing Examiner desired for each hearing. Mr. Hunter is responsible for the overall quality of the services provided. He is also available to provide training in land use law and procedures to City of Medina planners. 1. A description of those affiliated with Sound Law Center is available on our website at www.soundlawcenter.com. Other SLC Attorneys available include Paul Brachvogel, who has indicated his interest in providing services to Medina. Proposal for Hearing Examiner Services Sound ,Law Center to the City of Medina January 2011 One aspect of availability is the ability to get decisions out on time. It is extremely important to avoid delays when deciding a land use application. State and federal courts have made it clear that a municipality will be held liable for costs caused by unreasonable delays and other violations of procedural due process. Sound Law Center carefully adheres to due process requirements, and provides legally defensible decisions.2 State Iaw requires that Hearing Examiner decisions be issued within ten working days of the close of the public hearings on an application. We consistently meet this deadline. We have never missed a deadline in getting a decision out for over twenty years. There are several reasons for this record. Our firm, focuses its practice exclusively on providing land use hearing examiner, training and dispute resolution services to cities. As a result, we are not distracted by lengthy trials or other legal work as is true at municipal law ferns. We also keep up on legal developments in the specialized field of land use law, so we do not need to conduct extensive legal research when a legal issue is presented in an application (which is increasingly the case). We maintain an online case law digest of land use decisions, and provide regular briefings to all of our municipalities on the current status of legal requirements for land use decisions. This helps reduce the time needed for making a decision, as the staff is also familiar with how to handle legal issues. We at SLC have a proven method of decision writing that includes editing for clear and concise writing, as well as legal defensibility. We use a `checklist' approach for both initial writing and editing to ensure consistency in decision writing. SLC follows a proven approach to clear, concise and legally defensible decisions. We are given top ratings by attorneys for the Washington City Insurance Authority and by Law Clerks for the courts who review the record of our hearings if there is an appeal of a decision we make (which rarely occurs). Services Provided We will provide the following services to the City of Medina: 1. Review files, conduct hearings, and prepare findings, conclusions, and decisions on land use permit requests and appeals. Specifically, this would include a review of exhibits to prepare for a hearing, a site view when appropriate, check -in at the hearing room in advance of the hearing to ensure all is ready, taking notes and asking questions during the hearing, review of the record following close of the hearing, and preparation of a written decision.' 2. Prepare up-to-date Rules of Procedure for open -record hearings, open -record appeals, and closed -record appeals. 2 We produce over 150 decisions each year for several jurisdictions. Less than one percent has ever been appealed and no reported case has reversed us on appeal. This record translates to a significant cost savings for our jurisdictions, as they do not have to pay legal defense costs for our decisions. 3 The tasks described in No. 1 are the typical hearing tasks requested in the RFP on page 2, No. VI. Proposal for Hearing Examiner Services Sound Law Center to the City of Medina January 2011 ITEM OB-2 3. Prepare a public information brochure on the land use hearing examiner system to help guide public participation in the system. The brochure would answer many "standard" questions and thus reduce staff time now needed to answer simple questions. 4. Meet with the Staff at least annually to discuss issues of the land use review process. 5. Provide "Updates on the Law" for planners at regular meetings to help ensure compliance with rapidly changing land use law requirements. Philosophy The purpose of the Hearing Examiner system is to provide an objective review of the facts of an application and then apply the goals and ordinances in making a decision. In order to develop the record necessary to make such a decision, it is imperative that all interested persons be encouraged to present all relevant facts at the hearings through oral or written testimony. The Examiner facilitates this process by creating an atmosphere that is courteous to witnesses and acknowledges their opinions. We are successful in meeting the goals of the Hearing Examiner system. We are unbiased, fair, and respectful while being acutely aware of the exposure of municipalities to legal liability in all land use decision -making. Recent court decisions have made it clear that damages will be assessed if a jurisdiction does not follow appropriate decision -making procedures. We know how to adhere to legal requirements of procedural due process to help prevent exposure to liability. Familiarity with Codes Our experience as land use Hearing Examiners, practicing attorneys, and legislative legal counsel provides the City with broad experience in developing, interpreting, and implementing development regulations. We are intimately familiar with the Washington Growth Management Act, the Shoreline Act, the Subdivision Act, the State Environmental Policy Act, and the Regulatory Reform Act. We understand how the City of Medina ordinances must be implemented to comply with state law. Interest and Skills Our interest in providing ongoing, professional hearing examiner services is demonstrated in many ways. Our professional practice is focused on providing hearing examiner services and related dispute resolution services. We also provide training in decision -malting processes to councils and planning commissions. Mr. Hunter is the primary author of "You Be the Judge," first published by the Association of Washington Cities in 1996 and recently updated in 2009. This is a manual that helps councils and planning commissions make legally defensible land use decisions. We also publish a Land Use Caselaw Digest, providing updates and summaries of all court decisions impacting land use decision -making in Washington. We focus our practice in the area of land use decision -making. Our skills have developed through many years of land use law practice. We take full responsibility for the legal accuracy of our decisions. Our decisions are written in plain English and are drafted to communicate simply and effectively. We work efficiently under time pressure and consistently meet deadlines. We work closely and efficiently with Hearing Examiner administrative staff in the jurisdictions we serve. We are excited about the opportunity to work with the City of Medina citizens, staff and elected officials. Proposal for Hearing Examiner ,Services Sound Law Center to the City of Medina January 2011 ITEM OB-2 II. RATES OF COMPENSATION The cost of a hearing examiner system is part of the cost of land use review. Some cities charge applicants directly for hearing examiner services; others put the cost in a departmental budget. Where costs of the hearing examiner are `passed through' to an applicant, the hourly rate is best. Some cities that have departmental budgets for hearing examiners also choose this method of compensation. We provide experienced hearing officers and writers at a range of rates so that the skill level is matched to the demands of the task, and so that costs are kept to a level commensurate with the expertise required to prepare a decision. Our professional hourly rates range from $60 - $175 per hour. This is lower than that of the legal profession generally, and is competitive with other experienced hearing officers. We offer a `blended rate' for hearing and deciding applications and appeals that allows a jurisdiction to obtain high quality services in an efficient and cost -competitive manner. This means that the higher cost of an experience Hearing Examiner is not also billed for the cost of legal research and the cost of preparing a decision. The blended rate is approximately $120 per hour, for comparison with other proposals. We are well known for writing legally defensible decisions. Our rate of decisions appealed is below one percent, and no reported decision has overturned a decision we have made. We believe we provide the highest quality, services at the lowest cost when considering the efficiency and legal defensibility of our hearing examiner services. It is important to remember that a City pays a `bill' for services and not a 'rate'. Often, lower rates result in higher costs due to the inexperience of those providing services at those lower rates. We also provide hearing examiner services to some jurisdictions on a flat monthly fee basis. This has the advantage to the City of knowing exactly what to budget for hearing examiner services, as the hearing examiner takes the risk of absorbing unanticipated activity. It is also helpful to the hearing examiner firm, as it can then provide a range of services including caselaw updates and trainings within the set monthly fee. Sound Law Center has several contracts that provide compensation at a flat monthly fee. No jurisdiction that offers this approach has ever switched to an hourly rate.. We also work with several jurisdictions on a flat fee for hearings plus an hourly rate for decisions. A fixed rate per case is challenging to propose, but we do know an average amount of time spent on a case for file review, site view, hearing and decision preparation is about 15 hours for an average cost per decision of $1,800. We urge you to consider factors other than rates when selecting your Hearing Examiner. If selected, we would prefer to discuss the range of compensation options available to you. Again, we offer high quality professional services at an annual cost that is at or below that of other hearing examiners. Often, a lower rate results in a higher annual cost if the individuals providing the service are not as efficient or skilled as those at SLC. We provide hearings in compliance with due process and prepare legally defensible decisions in an efficient manner. The fact that we have very few appeals of our decisions -- and no decision overturned on appeal -- is also a cost saving factor to consider. Proposal for Hearing Examiner Services Sound Law Center to the City of Medina January 2011 ITEM OB-2 III. REFERENCES We hereby consent to City of Medina officials contacting the following individuals with respect to our professional performance as Hearing Examiners for the jurisdictions identified, and likewise consent to the release of any relevant information provided: Larry Keeton, Director Department of Community Development Kitsap County (360) 337-5777 LKeetop@co.kitsap.wa.us (For Sound Law Center, Ms. Allen & Mr. Hunter) Heather McCartney, Director Community Development Department City of Mukilteo (425) 263-8040 hmccartney@ci.mukilteo.wa.us (For Sound Law Center, Ms. Allen & Mr. Hunter) James Weaver, Director Planning Department City of Port Orchard (360) 876-4991 planning@a,cityo ortorchard.us (For Mr. Hunter & Sound Law Center) Rob Odle, Planning Director City of Redmond (425) 556-2417 rodle(cr,,redmond. gov. (For Ms. Allen) Hal Hart, Planning Director City of Woodinville (425) 877-2271 halhart@ci.woodinville.wa.us (For Sound Law Center, Mr. Hunter & Ms. Larson) Proposal for Hearing Examiner Services Sound Law Center to the City of Medina January 2011 ITEM OB-3 `y of +aEa�y 9 MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Other Business 2011 Council Retreat and Meeting Schedule Mayor Options to Other Business 2011 Draft Legislative Agenda Hanson Approved. Other Business 2011 Council Committee Assignments Mayor Completed. Other Business 2011 Regional Committee Assignments Mayor Completed. Other Business 2011 Planning Commission Work Plan Grumbach Amended work plan approved. Other Business 2011 Budget Discussion Hanson, Adams Discussion. Direction to amend 2011 Budget. Other Business Approval of Change Order No. 3; City Hall Project Willis Approved. Consent Agenda Call for Bids: NE 12 St & Lk WA Blvd Improve. Proj. Willis Approved. Consent Agenda Approval of Snohomish County Jail Contract Yourkoski Approved. Consent Agenda Ordinance Adopting 2009 Energy Code Grumbach Adopted Ordinance No. 870. Executive Session RCW 42.30.110 (1)(i) Disend Completed. Executive Session RCW 42.30.110 (1)(g) Disend Completed. Executive Session RCW 42.30.110 (1)(i) Disend Completed. Executive Session RCW 42.30.110 (1)(i) Kenyon Completed. Presentation King County Metro Service Changes Jack Whisner Completed. Consent Agenda 2010 Financial Year End Report Adams Moved to March Consent Agenda Consent Agenda Public Safety Testing Agreement Yourkoski Approved. Consent Agenda JAG Contract Amendment Yourkoski Approved. Consent Agenda Construction Manager Contract Amendment Willis Approved. Consent Agenda City Hall Architectural Services Agreement Willis Approved. Consent Agenda ARCH 2O11 Budget and Work Plan Hanson Approved. Consent Agenda Receipt of Part 150 Study Report Hanson Receipt Acknowledged. Other Business 2011 Park Board Work Plan Willis Approved. Other Business 2011 Budget Amendment Adams Ordinance No. 871 Adopted. Other Business Interlocal Agreement with City of Clyde Hill for 84 Ave NE Street Improvements Willis Approved. Other Business Consultant Agreement for SR 520 Project Willis Approved. Other Business Discussion of SR 520 Public Access Options Willis Completed. Other Business City Attorney Services Agreement/2011 Fee Structure Hanson Approved. Other Business Newsletter Communication Costs Baker Completed. Executive Session RCW 42.30.110 (1)(b) Disend Completed. MARCH,--:!; "Y CWnd 15; t# f 1, �s ifiri NR11G`Eka�rrft� Executive Session RCW 42.30.110 (1)(i) Disend Completed. ITEM OB-3 of Al@DAL q MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm, unless noticed otherwise. Presentation Part 150 Study Allyson Jackson Completed, Consent Agenda 2010 Financial Year End Report Adams Approved. Consent Agenda Contract Award: NE 12 St & Lk WA Blvd Improve. Proj. Willis Awarded to NPM Construction Co. Other Business Approval of Medina City Hall Change Orders Willis Approved. Other Business Approval of Office Furniture for Medina City Hall Willis Approved. Other Business Wireless Communications Facility Lease for Fairweather Nature Preserve Grumbach Approved. Other Business State Route 520 Fly -Over Ramp Status Willis Discussion. Other Business WSDOT Right of Entry at Fairweather Nature Preserve Willis Approved. Other Business Monthly Postcard Sample Discussion Baker Discussion. Discussion City Council Goals and Strategies Hanson Discussion. Discussion Communication Strategy Hanson/Baker Discussion. Other Business City Council Ground Rules Hanson Discussion. Consent Agenda Ratification of Austin Consent Agenda Adoption of 2011 City Council Strategic Goals Consent Agenda Adoption of 2011 City Council Ground Rules Other Business State Route 520 Construction Easement & Temporary Park & Ride Lot Other Business Review of Hearing Examiner Qualifications Council Report State Route 520 Update Other Business Draft Six -Year CIP/TIP (2012-2017) Willis Other Business Hearing Examiner Contract Approval Grumbach Other Business Proposed 2011 Budget Amendment B Ordinance Adams Other Business Approval of Hearing Ex Consent Agenda Schedule Public Hearing for code amendment relating to off -site accessory buildings and uses Report State Route 520 Update Other Business Zoning Code Ordinance Briefing Other Business Shoreline Master Program Update Other Business Design Selection for Independent Towers' Wireless Communication Support Structure at Fairweather Other Business Confirmation of Appointments to Planning Commission Positions 2,4 Other Business Confirmation of Appointment to Civil Service Commission Position 1 Other Business Confirmation of Appointments to Park Board Positions 2, 5 Public Hearing Six Year CIP/TIP (2012-2017) Public Hearing Comprehensive Plan Amendment for Streetscapes Public Hearing Ordinance for code amendment relating to off -site accessory buildings & uses ITEM OB-3 rofm MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduled for 6.30 pm, unless noticed otherwise. Other Business Comprehensive Plan Amendment for Streetscapes Other Business 2012 Draft Preliminary Annual Budget Other Business 2012 Franchise Fees Other Business 2012 Utility Fees 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