HomeMy WebLinkAbout06-13-2011 - Agenda PacketMEDINA, WASHINGTON
MEDINA CITY COUNCIL
REGULAR MEETING AGENDA
St. Thomas School, Commons Room
8300 Northeast 12 Street, Medina
MONDAY, JUNE 13, 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
AWARDS & PRESENTATIONS
P-1: Recognition of Volunteer Service
Molly Goudy, Medina Planning Commission, Position 2
P-2: Washington Association of Sheriffs and Police Chiefs
Police Chief Recruitment Process
Garry Anderson, Management Services Coordinator
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
RA-3: Advisory Boards/Commissions/Committees
RA-4: City Manager/Staff
1. Medina Days 2011
Medina City Hall / 8398 Northeast 12 Street / Medina WA 98039
425-233-6400 / www.medina-wa.aov
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
CA-1: Approval of May 9, 2011 City Council Regular Meeting Minutes
CA-2: Approval of May 23, 2011 City Council Special Meeting Minutes
CA-3: Approval of May, 2011 Check Register
CA-4: Receipt of Approved March 21, 2011 Park Board Meeting Minutes
CA-5: Receipt of Approved April 18, 2011 Park Board Meeting Minutes
CA-6: Receipt of Approved April 26, 2011 Planning Commission Meeting Minutes
CA-7: Confirmation of Appointments to Planning Commission, Positions 2 and 4
CA-8: Confirmation of Appointments to Park Board, Positions 2 and 5
CA-9: Approval of Appointment to Civil Service Commission, Position 1
CA-10: Approval of Snohomish County Jail Services Contract
CA-1 1: Approval of King County I -Net Services Contract Amendment No. 1
CA-1 2: Resolution Authorizing Sale of 2,718 Square Feet of Fairweather Park
CA-13: Authorization to Sign 2012-2014 CDBG and HOME Combined Interlocal
Agreement
PUBLIC HEARINGS / OTHER BUSINESS
PH-1: Public Hearing Concerning WSDOT/FHWA's Proposed de minimis Section 4(f)
Determination for Fairweather Park
OB-1: Concurrence with Determination of WSDOT/FHWA's Proposed de minimis
Section 4(f) Determination for Fairweather Park
PH-2: Public Hearing Concerning Proposed Ordinance for Code Amendment Relating to
Off -Site Accessory Buildings and Uses
OB-2: Consideration of Proposed Ordinance for Code Amendment Relating to Off Site
Accessory Buildings and Uses
PUBLIC HEARING
PH-3: Public Hearing Concerning Draft Six -Year Capital Improvement and Transportation
Improvement Plans, 2012-2017
OTHER BUSINESS
OB-3: Design Selection for Independent Towers' Wireless Communication Support
Structure at Fairweather Park
OB-4: Proposed Ordinance for Minimum Maintenance Standards for Vacant Residential
and Abandoned Construction Sites
OB-5: City Council Agenda Calendar
ADJOURNMENT
Next Regular Meeting — Monday, July 11, 2011; 6:30 pm
Next Special Meeting (Study Session)— Monday, July 25, 2011; 6:30 pm
4
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Medina City Council June 13, 2011 Page 2 of 2
ITEM RA-4
CITY OF MEDINA
Office of the City Manager
Date June 13, 2011
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: City Manager Report
Garry Anderson, former Police Chief for the City of Renton and currently with the
Washington Association of Sheriffs and Police Chiefs will be making a
presentation to Council on June 131h. Garry will be talking about the Police Chief
recruitment process and timeline and will be able to answer Council's questions
about the public process. I have attached a summary of the recruitment notice.
Following is again a summary of the recruitment process:
a. Identification of the "Ideal Candidate" traits and characteristics
b. Advertisement and recruitment — May 23rd to June 30th
c. Review of applications — Starting July 1 St
d. Identification of finalists
e. Interview of finalists — 3 panel interviews
f. Coordination of a "meet the candidate" forum
g. Final interview
2. Staff and consultants met with the Council Facilities Committee and provided a
brief overview of our near and long term plan/needs for IT services. In the near
term we have a plan in place for our computer servers and the move back into city
hall. Our IT consultant is currently configuring the new e-mail server purchased in
2010. This system will be tested and ready for our move. When the move
occurs, the computers will be transferred by the moving company. We hope to
have minimal downtime and after hours cost for troubleshooting. Long term we
have an overview of equipment that might need to be purchased in the next 3 to 7
years. There may be some short term budget impacts for the move, but the major
costs will be in future budget cycles.
3. If construction on city hall remains on schedule we hope to hire lifeguards to start
the end of June. If they can't open the beach right away, we will use them in the
parks for a few days. At this point we still want to open the beach and have life
guards onboard prior to 4th of July, but it all depends on the construction schedule
and site work. Again the final decision will be based on safety of the site for
participants, and lifeguards.
4. Negotiations for Fire and EMS Services with the City of Bellevue and the Points
communities and Newcastle continue with discussions focusing on formulas for
charging the contract cities. Interestingly enough about 75% of all calls are for
emergency medical aid and 25% are fire calls. Other potential factors in the mix
are population, number of calls for services, and assessed value.
ITEM RA-4
MEDINA POLICE DEPARTMENT • CHIEF OF POLICE
The City of Medina, Washington is seeking a qualified candidate to serve as the chief law
enforcement officer. Medina has a city manager form of government, which established the
budget for Police, court, and emergency preparedness at $2,166,396, which is 40% of the general
fund. The department is currently authorized a total of 9 commissioned positions and 2
administrative/technical support staff.
The Police Chief is an exempt position whose responsibilities include planning, directing, and
coordinating all aspects of department operations and administration, preparing the department's
annual operating budget, overseeing the investigation of major crimes, providing leadership on
law enforcement/public safety issues, and performing a variety of public relations activities with
local business and community groups and other law enforcement agencies.
The Medina Police Chief must embrace community policing, provide strong leadership and
professionalism, while fostering an atmosphere of the highest ethics and respect for staff and the
public.
The ideal candidate for this vital opportunity would hold a Bachelor's degree in Criminal Justice,
Public Administration, or a related field. Graduation from the Cascade Center, FBI National
Academy, Northwestern University, or similar law enforcement leadership institution would be
preferred. The candidate must have graduated from an accredited college or university with a
bachelor's degree and/or have 10 years of experience in police work, 3 years of which must have
been equivalent to experience at a middle management rank or higher, including supervisory
and/or management responsibilities. The candidate must be certified as a regular and
commissioned enforcement officer through compliance with the Washington State Criminal
Justice Training Commission's basic law enforcement training requirement or equivalency. Any
combination of related education and experience or training that, in the opinion of the City would
provide the level of knowledge and abilities required. The candidate must complete a
background check in compliance with Washington State law. A thorough knowledge of law
enforcement principles, concepts, methods, current laws and ordinances is required.
The hiring range, depending on qualifications, is between $93,072 to $116,352 per year, with
additional excellent benefits including the Washington State Law Enforcement and Firefighters
retirement plan. The City of Medina's application is required for this position and can be
obtained at www.waspe.org.
Applications, resumes, and responses to the supplemental questionnaire are due by 5:00
PM on June 30, 2011. Electronic applications are preferred, lyoder ,waspe.org. All
applications must be submitted to the Washington Association of Sheriffs and Police
Chiefs. All questions regarding this announcement should be directed to the Washington
Association of Sheriffs and Police Chiefs, (360) 486-2380.
Washington Association of Sheriffs and Police Chiefs
3060 Willamette Drive NE, Lacey, Washington, 98516
Attn: Medina Police Chief
ITEM RA-4
CITY OF MEDINA
8398 NORTHEAST 12 STREET I PO BOX 144 1 MEDINA WA 98039-0144
TELEPHONE 425-233-6400 1 www.medina-wa.gov
June 8, 2011
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Rachel Baker, Central Services
Subject: Central Services Department Monthly Report
June Public Meetings and Events
City Council June 13 6:30 pm St. Thomas School, Commons Room
Hearing Examiner June 15 5:30 pm St. Thomas Church, Music Room
Park Board June 20 6:00 pm St. Thomas Church, Music Room
Planning Commission June 28 6:30 pm St. Thomas Church, Music Room
Meetings are publicly noticed on the City's three official notice boards, City website, and via
Govdelivery. Occasionally notices require publication in the City's official newspaper, The Seattle
Times. Public meetings scheduled after publication of this report can be found on the City's website.
Public Records Requests
Approximately 140 public records requests have been received by the city clerk's office between
January 1 and June 8. During the same period last year 61 requests had been received.
Passports
A total of 154 passport applications have been processed by city staff during 2011, an increase of
24 since last month's report.
Communication/Outreach
Between May 5 and June 8, 31 notices were issued via GovDelivery. A detailed report is attached
Currently e-notices have the potential to reach 1,043 individual subscriber profiles with a total of
7,576 subscriptions.
Holiday Hours
City Hall will be closed in observance of Independence Day, Monday, July 4. Regular hours will
resume Tuesday, July 5, at 8:30 am. For police and fire emergencies, dial 9-1-1.
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.
ITEM RA-4
CITY OF MEDINA
Office of the City Manager
June 13, 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 held a public hearing on Construction Mitigation Plan (CMP)
No. C-2975. The proposal was to demolish an existing 12,000 square foot house and
construct a 3,500 square foot single-family dwelling inside the existing footprint. The
home is located within a geologically hazardous area. There was no public testimony.
After discussion, the Planning Commission approved the CMP, subject to conditions.
The Planning Commission discussed the draft regulations for the shoreline master
program. The focus was on shoreline setbacks. A couple of residents provided
comments on the setback to the commission. Dave Douglas with Integrity Shoreline
Permitting also provided comments. The Planning Commission agreed to send the
shoreline setback to the advisory committee for revisions while continuing to review the
remaining regulations at the next meeting.
Hearing Examiner Decisions:
A public hearing was held on a Technical Noise Variance (VAR-1193). The
proposal was to exceed nighttime maximum sound levels for construction on SR
520. The applicant was Eastside Corridor Constructors. Public testimony was
received. The Hearing Examiner approved the application on June 3`d subject to
conditions.
A public hearing was held on a Non -administrative Right -of -Way Tree Removal/
Trimming Permit (T-2948). The proposal was to trim trees near PSE utility poles
and utility lines along Overlake Drive West, Overlake Drive East, 84th Avenue N.E.,
Upland Road, 87th Avenue N.E., 86th Avenue N.E., 9th Street N.E., and 10th Street
N.E. The applicant was Asplundh for Puget Sound Energy. No public testimony
was received. The Hearing Examiner approved the application on June To subject
to conditions.
ITEM RA-4
Land Use Administrative Decisions:
• None
Land Use Decisions Issued For 2011:
Type of Decision
2011 YTD
Variances/ Minor Deviations
1
SEPA
2
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
3
Temporary Use Permit
1
Land Use Applications Received in May:
Case Number Description of Permit Location
G-3001 Excavate 244 cubic yards 7628 NE 32Id Street
and fill 30 cubic yards in
association with an addition and
remodel work
Building/ ROW Permit Applications Received — May 1 through May 31, 2011:
Building Permits:
3
Grading/ Drainage
1
Demolition Permits:
1
Fence:
0
Mechanical:
5
Reroof:
0
Fire Sprinkler:
0
Right-of-way Permits
7
Total. ,
17
Building Permits Issued in April 2011: See Attached.
Other Items of Interest:
None.
2
ITEM RA-4
Permit Report
April, 2011
2011
2010
Current
Current
2011
2010
Month
Month
YTD
YTD
Difference
Construction Value
New Construction
1,536,206
0
1,536,206
0
$1,536,206
Permit Renewals
0
1,181,000
3,980,882
4,591,000
($610,118)
Addition / Alteration
0
9,950
1,640,468
831,450
$809,018
Accessory Structure
0
0
140,000
268,000
($128,000)
Repair / Replace
66,437
0
235,937
121,520
$114,417
Fence/Wall
0
0
41,400
55,300
($13,900)
Mechanical
217,584
0
N/A
0
N/A
Fire Sprinkler
78,050
16,400
107,750
52,460
$55,290
Wireless Comm Facility
0
0
0
0
$0
TOTAL VALUE
1 1,898,277
1 1,207,350
7,682,643
1 5,919,730
1 1,762,913
Permits Issued
New Construction
1
0
1
0
1
Permit Renewals
0
2
14
5
9
Addition / Alteration
0
1
5
5
0
Accessory Structure
0
0
2
8
(6)
Fence/Wall
0
0
3
3
0
Demolition
2
0
4
1
3
Grading/Drainage
1
1
2
4
(2)
Tree Mitigation
0
0
1
3
(2)
Mechanical
4
3
15
16
(1)
Fire Sprinkler
4
1
6
5
1
Other - Moving
0
0
0
0
0
Reroof
0
0
0
2
(2)
Repair / Replace
2
0
5
3
2
Right -of -Way Use
12
4
30
20
10
Construction Mitigation
1
0
4
0
4
Wireless Comm Facility
0 1
0
0
0
0
TOTAL PERMITS 1
27
12
92
75
17
Inspections
Building
41
46
149
145
4
Construction Mitigation
4
2
19
6
13
Grading/Drainage
4
6
16
28
(12)
Tree Mitigation
3
5
7
20
(13)
Right -of -Way
14
2
1
45
57
(12)
TOTAL INSPECTIONS
66
61 1
236
256
(20)
ITEM RA-4
MEDINA POLICE DEPARTMENT
MONTHLY SUMMARY
MAY, 2011
Daniel Yourkoski, Acting Chief of Police
FELONY CRIMES
Burglary 2011-001095 05/07/11
400 block of 84d' Ave NE
E-lert #11-10
On May 7a' it was reported to Medina Police that sometime between May 3rd and May
5d', a burglary occurred in the 400 block of 84r'' Ave NE. while the residents were away.
Entry into the home was accessed by removing a screen from a bathroom window. Once
inside the suspect(s) located two sets of cars keys and proceeded to steal two vehicles
from the residence. At this time it is unknown if anything else was removed from the
home. Medina Police have processed the scene thoroughly in an attempt to identify the
suspect(s) and will continue to investigate this incident.
Burglary (Attempt) 2011-001112 05/10/11
1200 block of Evergreen Point Rd
E-lert #11-11
On May Wh, between the hours of 8:30am and 2:30pm, an attempted burglary occurred
in the 1200 block of Evergreen Point Road. Unknown suspect(s) tried to enter the home
by breaking a first floor window. The alarm system went off and access to the house was
not gained.
Vehicle Prowl (Theft) 2011-001185 05/16/11
8000 blk of NE 16`h St (Overlake GCC)
E-lert #11-14
Between the hours of 5:30pm and 6:20pm on Monday May 16th, 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 breaking the front passenger window.
Once inside, a purse containing a wallet, credit cards, currency, and a couple of jewelry
items were removed. The estimated dollar loss is $2300. Medina Police are
investigating.
ITEM RA-4
Vehicle Prowl (Theft) 2011-001272 05/25/11
8000 block of NE 28a' Street
E-lert #11-16
Around 2:00am Wednesday the 25 h, a call came in reporting a vehicle prowl in progress
in the 8000 block of NE 28`h Street. The resident woke to a car alarm sounding and upon
looking out the window noticed there was an unknown person in the backseat of the
vehicle. The suspect(s) was able to access the vehicle through an unlocked door.
Nothing was reported stolen from the car. Later the same morning Medina Police
received another report of a vehicle prowl that occurred in the 2400 block of 79"' Ave
NE. The suspect(s) accessed the unlocked vehicle and proceeded to rummage through
the glove box. A GPS unit, an IPod cord and roughly $10 in change were removed from
the vehicle. A Bellevue K9 unit was called to the scene but was unsuccessful in
attempting to locate the suspect. Medina Police will continue to investigate. The
estimated dollar loss is $300.
Vehicle Prowl 2011-001275 05/25/11
2400 block of 79 b Ave NE
Medina officer responded to a report of vehicle prowl. The victim stated person(s)
unknown entered her unlocked vehicle that was parked in the driveway. A GPS, i-phone
charging cord and a plastic bag containing $10 worth of change were taken from the
vehicle. Total loss: $300
Vehicle Prowl 2011-001332 05/31/11
8000 Lake Washington Blvd NE
Victim reported he parked and locked his vehicle along Lake Washington Blvd. When
he returned he noticed window glass was smashed and a CD case with 30 CDs were
taken. Total loss: $440 (Reference Cases #2011-001335 and #2011-001336)
MISDEMI.ANOR CRIMES
Malicious Mischief 2011-001184 05/16/11
2000 block of 78 b Ave NE
Victim reported the right rear passenger door glass of her vehicle was broken out which
was parked on the street in front of her residence. It appears a small rock from a lawn
mower may be the cause for the damage. The vehicle had not been entered or disturbed.
Estimated damage: $175
Vehicle Prowl 2011-001284 05/25/11
2400 block of Vh Ave NE
A Medina resident called to report her vehicle had been entered by an unknown subject(s)
through an unlocked door and left the glove box open. No damage and nothing taken
from the vehicle.
Vehicle Prowl 2011-001286 05/25/11
8000 block of NE 28`h Street
Medina officer responded immediately after a call of vehicle prowl and contacted the
reporting party who went out to check the car alarm that was activated. A canine track
was initiated but with no results. The vehicle was unlocked and nothing was taken.
ITEM RA-4
Malicious Mischief 2011-001309 05/28/11
8000 block of NE 28t' Street
Medina officer responded to a call of malicious mischief in regards to a mailbox being
damaged. The mailbox had graffiti written on the side. Estimated damage: $25
Vehicle Prowl
2011-001335
8000 block of NE 28a' Street
Victim reported he parked his vehicle for three hours so he could catch the bus. When he
returned he saw the passenger side window smashed in. Vehicle was locked and only a
$10 bill was missing from the center console.
Vehicle Prowl 2011-001336 05/31/11
8000 block of NE 28t' Street
Victim reported he parked his vehicle for two hours so he could catch the bus. He saw
the passenger side window smashed in and noted his cell phone and i-pod charger were
missing. Total loss: $80
OTHER
E-lert #11-12
"Shredder Day" as most of you know is a great opportunity to protect yourself from
identity theft and is sponsored by the Medina Police Department's Crime Prevention
Program. The fifth "Shredder Day" event occurred on Saturday, May 14, 2011 and it was
a very successful event in Medina. DB Secure Shred Service collected 12,000 pounds (or
6 tons) of shredded documents.
E-lert #11-13
A vital Neighborhood Preparedness Program
Presented by Washington State Department of Emergency Management
Map Your Neighborhood - May 181h — 7:00 p.m. - St. Thomas Great Hall
Death Investigation 2011-001288 05/26/11
8000 block of Overlake Dr W
Medina officer responded to a welfare call from a neighbor. The officer noticed through
a window a subject inside apparently passed away of natural causes. The officer
remained with the subject until a representative of the funeral home arrived.
ITEM RA-4
HUNTS POINT
MONTHLY SUMMARY
MAY, 2011
Daniel Yourkoski, Acting Chief of Police
FELONY CRIMES
No significant felony incidents occurred during the month of May.
MISDEMEANOR CRIMES
No significant misdemeanor incidents occurred during the month of May.
MEDINA POLICE DEPARTMENT
Daniel Yourkoski, Acting Chief of Police
Monthly Activity Report
City of Medina
2011
Felony Crimes
May
YTD
2011
2011
Assault, Aggravated
0
0
Robbery
0
0
Sexual Assault/Rape
0
0
Burglary (inc Attempt)
2
3
Drug Violations
0
0
Fraud (ID Theft)
0
7
Vehicle Prowl
4
7
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
6
20
ITEM RA-4
YTD
Year End
2010
2010
0
1
0
0
0
0
0
9
0
1
5
23
2
6
3
7
1
3
0
0
1
1
1
1
0
13
52
Misdeameanor
May `
YTD
YTD
Year End
Crimes
2011
2011
2010
2010
Assault, Simple
0
0
0
2
Malicious Mischief
2
2
0
7
Vehicle Prowl
4
7
1
2
Theft (Under $250)
0
2
2
6
Domestic Violence
0
1
0
0
Minor in Possession
0
0
2
4
Drug Violations
1
2
5
7
Poss Stolen Property
0
0
0
0
Total
7 -
14
10
28
Page 1
ITEM RA-4
Daniel Yourkoski, Acting Chief of Police
qu
YEARLY ACTIVITY REPORT
City of Medina
2011
Felony Crimes
Jan
Feb
Mar
Apr
May Jun Jul Aug Sept Oct Nov Dec
Total
Assault, Aggravated
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
Sexual Assault/Rape
0
0
0
0
0
0
Burglary (inc Attempt)
1
0
0
0
2
3
Drug Violations
0
0
0
0
0
0
Fraud (ID Theft)
3
0
4
0
0
7
Vehicle Prowl
0
3
0
0
4
7
Theft (over $250)
2
0
0
0
0
2
Malicious Mischief
0
0
0
0
0
0
Arson
0
0
0
0
0
0
Auto/Boat Theft
0
1
0
0
0
1
Poss Stolen Property
0
0
0
0
0
0
Other
0
0
0
0
0
0
TOTAL
6
4
4
0
6 0 0 0 0 0 0 0
20
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
0
2
2
0
1
2
0
4
7
0
1
1
0
0
2
1
0
0
0
0
1
0
0
0
0
0
0
1
0
0
0
1
2
0
0
0
0
0
0
10
2
3
0
7
0
0
0
0
0
0
0
14
Page 2
ITEM RA-4
MEDINA POLICE DEPARTMENT
40
Daniel
Yourkoski, Acting Chief of Police
Monthly Activity Report
City of Medina
2011
Traffic
May
YTD
YTD
Year End
ACCIDENTS
2011
2011
2010
2010
Injury
0
0
0
0
Non -Injury
2
6
8
15
TOTAL
2
6
8
15
Traffic
May
YTD
YTD
Year End
CITATIONS
2011
2011
2010
2010
Driving Under Influence
2
8
19
35
*Other
3
21
52
88
Total
5
29
71
123
Traffic
May
YTD
YTD
Year End
INFRACTIONS
2011
2011
2010
2010
Speeding
7
84
196
331
Parking
9
22
28
102
**Other
14
56
177
Total
30
162
401
433
May
YTD
YTD
Year End
WARNINGS
2011:
2011
2010
2010
Total
92
367
475
1012
May
YTD
YTD
Year End
CALLS FOR SERVICE
2011
2011
2010
2010
House Watch
27
147
113
334
False Alarms
25
139
139
375
Assists
25
101
117
293
Suspicious Circumstances
11
41
55
137
Property-Found/Lost
1
3
3
17
Animal Complaints
4
9
20
40
Missing Person
0
0
1
1
Warrant Arrests
6
13
27
47
***Other
6
7
8
14
Total
105
460
483
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
Daniel Yourkoski, Acting Chief of Police
YEARLY ACTIVITY REPORT
41 City of Medina
2011
Traffic
Accidents Jan
Feb
Mar Apr
May Jun Jul Aug Sep Oct Nov Dec
Total
Injury 0
0
0 0
0
0
Non -Injury 1
1
2 0
2
6
TOTAL 1
1
2 0
2 0 0 0 0 0 00
6
Traffic
Citations Jan
Feb
Mar Apr
May Jun Jul Aug Sep Oct Nov Dec
Total
Driving Under Influence 2
1
1 2
2
8
Other 1
5
8 4
3
21
Total 3
6
9 6
5 0 0 0" 0, 0 0; 0
29
Traffic
Infractions
Jan
Feb
Speeding
10
18
Parking
4
8
Other
3
11
Total
17
37
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
20
29
7
84
1
0
9
22
12
16
14
56
33
45
30 0 0 0 0 0 0 0
162
Warnings Jan
Feb
Mar 'Apr
May Jun Jul Aug Sep Oct Nov Dec
Total
Total 65
63
57 90
92
367
Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
House Watch
17
26
36
41
27
147
False Alarms
27
35
30
22
25
139
Assists
21
20
19
16
25
101
Suspicious Circumstance;
7
11
11
1
11
41
Property-Found/Lost
1
0
0
1
1
3
Animal Complaints
2
1
1
1
4
9
Missing Person
0
0
0
0
0
0
Warrant Arrests
2
2
2
1
6
13
Other
0
0
0
1
6
7
Total
77
95
99 `
84 _
105 0 0 0 0 0 0 0
460
Page 4
ITEM RA-4
Town of
Hunts Point
MEDINA POLICE DEPARTMENT
Daniel Yourkoski, Acting Chief of Police
Monthly Activity Report
Town of Hunts Point
2011
Felony Crimes
May
YTD
YTD
Year End
2011
2011
2010
2010
Burglary
0
1
0
0
Forgery (Identity Theft)
0
0
1
5
Vehicle Prowl
0
0
0
0
Theft (over $250)
0
0
1
1
Possession Stolen Prop
0
0
0
0
Drug Violation
0
0
0
0
Auto/Boat Theft
0
0
0
0
TOTAL
0
1
2-
6
Misdeameanor
May
YTD
Crimes
2011
2011
Assault, Simple
0
0
Malicious Mischief
0
0
Vehicle Prowl
0
0
Theft (Under $250)
0
0
Possession Stolen Prop
0
0
Domestic Violence
0
0
Minor in Possession
0
0
Drug Violations
0
1
Total
0
1
YTD
Year End
2010
2010
1
1
0
1
0
1
0
6
0
0
0
0
0
0
0
1
1
10
Page 5
ITEM RA-4
MEDINA POLICE DEPARTMENT
Town of Daniel Yourkoski, Acting 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
0
0
1
Forgery (Identity)
0
0
0
0
0
0
Vehicle Prowl
0
0
0
0
0
0
Theft (over $250)
0
0
0
0
0
0
Poss Stolen Prop
0
0
0
0
0
0
Drug Violation
0
0
0
0
0
0
Auto/Boat Theft
0
0
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
0
0
Malicious Mischief
0
0
0
0
0
0
Vehicle Prowl
0
0
0
0
0
0
Theft (Under $250)
0
0
0
0
0
0
Poss Stolen Prop
0
0
0
0
0
0
Domestic Violence
0
0
0
0
0
0
Minor in Possession
0
0
0
0
0
0
Drug Violations
0
0
0
1
0
1
Total
0
0
0
1
0
0 0 0 0 0 0 0 1
Page 6
ITEM RA-4
MEDINA POLICE DEPARTMENT
Town Of Daniel Yourkoski, Acting Chief of Police
Hunts Point Monthly Activity Report
Hunts Point
2011
Traffic
May
YTD
YTD
Year End
CITATIONS
2011
2011
2010
2010
Driving Under Influence
0
3
1
1
Accidents
2
2
0
1
*Other
2
10
12
31
Total
4
15
13
33
Traffic
May
YTD
YTD
Year End
INFRACTIONS
2011
2011
2010
2010
Speeding
0
1
3
6
Parking
0
0
2
13
**Other
16
43
115
264
Total
16
44
120
283
May
YTD
YTD
Year End
WARNINGS
2011
2011
2010
2010
Total
16
71
84
193
May
YTD
YTD
Year End
CALLS FOR SERVICE
2011
2011
2010
2010
House Watch
2
5
11
23
False Alarms
4
20
26
67
Assists
2
10
17
40
Suspicious Circumstances
2
7
8
17
Property-Lost/Found
0
0
0
1
Animal Complaints
0
1
0
4
Missing Person
0
0
0
0
Warrant Arrests
0
1
0
3
***Other
0
0
1
1
Total
10
44
63
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 ; I Daniel Yourkoski, Acting Chief of Police
Hunts Point YEARLY ACTIVITY REPORT
..c�,� HUNTS POINT
2011
Traffic
Citations
Jan
Feb
Mar
Apr
May Jun
Jul Aug" Sep Oct Nov Dec Total
Driving Under Influence
1
1
0
1
0
3
Accidents
0
0
0
0
2
2
Other
3
1
3
1
2
10
Total "
4
2
3
2
4 0
0 0 0 0 0 0 15
Traffic
Infractions
Jan
Feb `
Mar
; Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
Speeding
1
0
0
0
0
1
Parking
0
0
0
0
0
0
Other
9
2
13
3
16
43
Total
10
2
13
3
16
0
0
0
0
0
0
0
44
Warnings
Jan,
Feb
Mar
Apr
May
Jun
Jul
.Aug
Sep
Oct
Nov
Dec
Total
Total
8
16
20
11
16
71
Calls for Service
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
House Watch
1
1
0
1
2
5
False Alarms
5
2
3
6
4
20
Assists
2
1
2
3
2
10
Suspicious Circumstances
3
1
1
0
2
7
Property-Lost/Found
0
0
0
0
0
0
Animal Complaints
0
0
0
1
0
1
Missing Person
0
0
0
0
0
0
Warrant Arrests
1
0
0
0
0
1
Other
0
0
0
0
0
0
Total
12
5
6
11
10
0
0
0
0
0
0
0
44
Page 8
ITEM RA-4
CITY OF MEDINA
Office of the City Manager
June 7, 2011
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Joe Willis Sr., Director of Public Works
Subject: May 2011 Public Works Report
1. The Director of Public Works and David Clark (Owners Representative) continue to
meet with the Contractor to discuss the progress of the work, items or issues of
concern, anticipated work, 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.
Siding has been installed. All windows have been installed, and dry wall installation
is completed on the main and upper floor offices, and in progress on the lower floor.
Doors are being installed. The Project is presently on schedule with completion of
the building scheduled for July 8th.
ITEM RA-4
2. The SR 520 Eastside Transit and HOV Project design and construction by the
design/build contractor Eastside Corridor Constructors (ECC) is underway with
grading of the temporary construction access loop from SR 520 westbound up to
Evergreen Point Road and clearing and grubbing along the north side of SR 520
from Evergreen Point Road to 84t" Ave NE.
Clearing for Stormwater Pond I
(Former School District Property Located East of 80t" Ave NE)
ECC holds weekly meeting to discuss the scheduled work and maintenance of
traffic, monthly meetings for coordination of utility relocation work, and initial permit
requests. Review of the project roadway alignment and profiles, paving plan, and
pavement marking plan in Rough Grading Package #1 (from Evergreen Point Road
to 80tn ) were accomplished with follow up meetings held with City Technical Review
Staff, WSDOT representatives, and ECC members to discuss the review comments.
ECC has prepared preliminary design drawings for the 84t" Ave NE roundabout
that includes alignment and profiles along with a paving �lan and pavement
marking plan in Rough Grading Package #2c (80t" to 84t Ave NE) for City
review and comment. Comments are due June 18cn
Points Loop Trail has been closed from 84tn to the Evergreen Point bus stop.
The temporary trail connection on NE 281" Street from the east cul-de-sac to
the existing sidewalk at Three Points Elementary School has been striped
along the north edge of the roadway.
2
ITEM RA-4
3. NE 121h Street/Lake Washington Blvd Traffic Safety Improvement Project contracts
have been signed and preliminary material submittals have been submitted and
reviewed. Construction is expected to begin this month and be completed by
September. Selection and design of the gateway light standard and entry sign are
still in process.
4. Public Works continues to prioritize their work with public safety as the first priority.
The crew is mowing Medina Park, Fairweather Park, Viewpoint Park, Medina Beach
Park, and roadside areas, creating and putting up banners, and posting an
extraordinary number of public notice postings for PSE/ATC pole replacements and
PSE tree trimming.
The City Shop building demolition work is completed, the foundation has been
prepared, rough plumbing completed, and wall framing is in progress. The shop
reconstruction will continue for the next two months.
ITEM CA-1
DRAFT
MEDINA CITY COUNCIL
SPECIAL and REGULAR MEETING MINUTES
St. Thomas School, Commons Room
8300 Northeast 12 Street, Medina
Monday, May 9, 2011; 5:00 pm
SPECIAL MEETING
The Medina City Council hosted a Washington State Department of Transportation State
Route 520 Eastside Project Design and Project Update Open House. The Open House
occurred between 5:00 and 6:30 pm in the Commons Room at St. Thomas School.
The Open House was noticed as a special meeting pursuant to RCW 42.30.080 to
accommodate a quorum of the city council.
REGULAR MEETING
Mayor Bret Jordan called the May 9, 2011 Regular Meeting of the Medina City Council
to order at 6:34 pm.
ROLL CALL
Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark
Nelson, Katie Phelps, and Shawn Whitney (Whitney
departed meeting at 8:18 pm.)
City Staff Present: Donna Hanson, City Manager; Kari Sand, City Attorney,
Kenyon Disend; Dan Yourkoski, Acting Police Chief;
Robert Grumbach, Development Services Director; Joe
Willis, Public Works Director; Nancy, Adams, Finance
Director; and Rachel Baker, City Clerk
Mayor led council members, staff and audience in the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
MOTION DICHARRY AND SECOND NELSON TO APPROVE MEETING
AGENDA AS WRITTEN AND MOTION CARRIED 7-0 AT 6:36 PM.
PRESENTATION
WSDOT: State Route 520 Eastside Project Design and Project Update (6:36 pm)
Julie Meredith introduced State Route 520 project design team and contractor,
Eastside Corridor Constructors (ECC). Ms. Meredith summarized SR 520 Program
and team responded to questions from council members.
ITEM CA-1
DRAFT
Karl Westby, ECC Traffic Operations Discipline Lead, spoke about traffic modeling,
local access and 84 Avenue Northeast lid. Brad Stein, ECC Project Design Manager,
described urban design process. Aaron Wiehe, ECC Construction Risk Manager,
talked about the design build process. Chris Deane, ECC Construction Manager -
Civil, discussed construction staging, project timeline, and road closures. Dan Galvan,
ECC Public Information Manager, informed those present of communication tools
employed to distribute project information and he invited everyone to attend project
overview meetings. Mr. Deane voiced that meetings will be held to engage in two-way
communication about the project on the third Monday of each month from 9 to 10 am
at ECC office, 3075 112t" Avenue Northeast, Bellevue.
PUBLIC COMMENT
Mayor read statement concerning personnel matter regarding former police chief,
encouraged interested public to file requests for public documents if seeking records,
and read guidelines for public comment. Mayor opened public comment period at
7:38 pm.
Medina resident Dan Becker expressed comments and suggestions concerning State
Route 520 closures related to construction project and lid design.
Hunts Point resident Marianne Jones voiced concern regarding roundabout lane
configuration for SR 520 and 84 Avenue Northeast lid. She read names on petition
circulating through communities in support of former police chief.
Medina resident Judy Sidell spoke in support former police chief.
City attorney read description of RCW 35a.13.120: City manager, Interference by
councilmembers.
Mayor closed public period at 7:49 pm.
Following emergency committee report, council member Lee offered motion and
council member Whitney seconded motion to reopen public comment period. Motion
carried 7-0 at 7.53 pm.
Jordan reopened public comment period and reread public comment ground rules at
7:53 pm.
The following Medina residents provided public comment in regard to matter
concerning former police chief: Laura Weingaertner, Gretchen Dawson, Matt Kochel,
Bo Weingaertner, Doug Epstein, Connie Gerlitz, M3 Sweatt, Dennis Gerlitz, and Heija
Nunn.
The following Hunts Point residents provided public comment in regard to matter
concerning former police chief: Annie Ottesen, and Henry Nelson.
Mayor closed public comment period at 8:15 pm.
City Council Minutes May 9, 2011
Page 2
ITEM CA-1
DRAFT
REPORTS AND ANNOUNCEMENTS
Emergency preparedness committee chair Kay Koelemay reminded participants of
Map Your Neighborhood program scheduled during the May 18 committee meeting
and encouraged everyone to attend.
Fairweather Independent Towers Public Process (8:16 pm)
Grumbach pointed to information summarized in packet materials noting matter would
be brought back to council in June.
Continuing with department report, he informed council of upcoming postcard
publicizing process for City's shoreline update.
CONSENT AGENDA
MOTION BOYD AND SECOND DICHARRY TO ADOPT CONSENT AGENDA AS
PRESENTED AND MOTION CARRIED 6-0 (WHITNEYABSENT) AT 8:21 PM.
- Approval of April 11, 2011 City Council Regular Meeting Minutes
- Approval of April 27, 2011 City Council Special Meeting Minutes
- Approval of April, 2011 Check Register
Claim check numbers 51530 through 51645 in the amount of $723,670.87, payroll checks
numbers 3238 through 3251 in the amount of $235,240.49, voided AP check number include
51618 (replaced with check number 51645).
- Receipt of Approved March 22, 2011 Planning Commission Meeting Minutes
- Schedule June 13, 2011 Public Hearing for Off -Site Accessory Use
- Schedule June 13, 2011 Public Hearing for Draft Six -Year Capital Improvement Plan[Transpc
Improvement Plan 2012-2017
Council member Nelson requested additional feedback concerning size requirement limits
related to proposed ordinance for off -site accessory use and item was added to May 23
study session agenda.
OTHER BUSINESS
Proposed 2011 Budget Amendment Ordinance, Amendment B (8.22 pm)
Adams provided summary and answered questions from council members related to
revenues and expenditures, and methodology for forecasting real estate excise tax and
sales tax figures.
MOTION DICHARRY AND SECOND NELSON TO APPROVE ORDINANCE NUMBER
872 AMENDING THE 2011 BUDGET AND MOTION CARRIED 6-0 (WHITNEYABSENT)
AT 8:25 PM.
City Council Minutes May 9 2011
Page 3
ITEM CA-1
DRAFT
Council Agenda Calendar (8.25 pm)
Council members Dicharry and Lee reported neither would be present at May 23 study
session. At council member Boyd's request, council added SR 520 traffic study results to
the July 25 study session agenda. Phelps requested an update from the Medina Days
chairs on June 13.
ADJOURNMENT
MOTION PHELPS AND SECOND BOYD TO ADJOURN MAY 9, 2011 REGULAR
MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 6-0 (WHITNEY
ABSENT) AT 8:31 PM.
The May 9, 2011, Regular Meeting of the Medina City Council adjourned at 8:31 pm.
The City Council will hold a Study Session, Monday, May 23, 2011 at 6:30 pm. Its next
Regular Meeting is scheduled to be held Monday, June 13, 2011, at 6:30 pm. Both
meetings will be held in the Commons Room at St. Thomas School, 8300 Northeast 12
Street, Medina.
Bret Jordan, Mayor Attest:
Rachel Baker, City Clerk
City Council Minutes May 9, 2011
Page 4
ITEM CA-2
DRAFT
MEDINA CITY COUNCIL
SPECIAL MEETING MINUTES
St. Thomas School, Commons Room
8300 Northeast 12 Street, Medina
Monday, May 23, 2011; 6:30 pm
Mayor Bret Jordan called the May 23, 2011 Study Session of the Medina City Council
to order at 6:32 pm. The special meeting was noticed pursuant to RCW 42.30.080.
ROLL CALL
Council Members Present: Patrick Boyd, Bret Jordan, Mark Nelson, and Katie Phelps
Council Members Absent: Doug Dicharry (excused), Janie Lee (excused), and Shawn
Whitney (excused)
Motion Boyd and second Phelps to excuse absences of council members Dicharry, Lee
and Whitney. Motion carried 4-0 at 7.09 pm.
City Staff Present: Donna Hanson, City Manager; Bruce Disend, Kenyon
Disend, City Attorney; Robert Grumbach, Development
Services Director; and Rachel Baker, City Clerk
Council member Boyd requested an executive session pursuant to RCW 42.30.110 (1)(i)
to discuss with legal counsel representing the agency litigation or potential litigation to
which the agency, the governing body, or a member acting in an official capacity is, or is
likely to become, a party. City attorney voiced addition acceptable and mayor added item
to agenda following discussion items.
DISCUSSION
Zoning Code Ordinance Briefing (6:34 pm)
Grumbach provided overview of proposed code updates. He noted these were on hold
with the planning commission, but should be moving forward once other projects are
completed.
Shoreline Master Program Update (7.-10 pm)
Grumbach briefed council of proposed program updates. Council members primarily
discussed shoreline setbacks.
ITEM CA-2
DRAFT
Briefing Regarding Proposed Ordinance Relating to Off -Site Accessory Buildings
and Uses (8:31 pm)
Nelson summarized concerns related to proposed ordinance. Grumbach responded to
matter.
Comprehensive Plan Amendment - Streetscapes (8:45 pm)
Grumbach reviewed amendment and discussed planning commission concerns.
EXECUTIVE SESSION
Council recessed into executive session at 8:50 pm for an estimated time of ten minutes,
pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the agency
litigation or potential litigation to which the agency, the governing body, or a member
acting in an official capacity is, or is likely to become, a party. City council members Boyd,
Jordan, Nelson, and Phelps, city manager; and city attorney were present.
Executive session adjourned at 9:00 pm and the mayor called special meeting to
order at 9:00 pm.
ADJOURNMENT
MOTION BOYD AND SECOND PHELPS TO ADJOURN MAY 23, 2011 SPECIAL
MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 4-0 (DICHARRY,
LEE AND WHITNEY ABSENT) AT 9:00 PM.
The May 23, 2011, Special Meeting of the Medina City Council adjourned at 9:00 pm.
The Medina City Council will hold its next Regular Meeting on Monday, June 13, 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 May 23, 2011
Page 2
iL:
Fa� ITEM CA-3
9
CITY OF MEDI NA
June 8, 2011
To:
Mayor and City Council
From:
Nancy Adams, Director of Finance
Re:
May 2011 Finance Report
The May 2011 Financial Reports include:
• May 2011 Revenue & Expense Summary
• May 2011 AP Register Activity Detail
Revenue:
Key Items for 2011 Revenue include:
• Property Taxes of $1.2M YTD 2011 which are $38K higher than YTD 2010.
• Sales Taxes are $34K higher for YTD 2011 compared to 2010.
• Utility Tax & Franchise Fee Revenue was $88K for the first Quarter. The payments are
received one month after the end of the Quarter, so we will receive cash receipt revenue for
3 Quarters by October, and the 41h Quarter payment in January.
• Licenses/Permits are ($9K) lower for YTD 2011 compared to 2010.
• Planning & Development Revenue is $90K YTD 2011 compared to $39K for YTD 2010.
(Last year this revenue was reported as "Pass through Non -Revenue". Per BARS
guidelines, this Revenue will now be charged to Planning & Development Revenue).
• REET (Real Estate Excise Tax) Revenue is at $525K YTD 2011 compared to $132K for
YTD 2010.
Total Revenue (for all funds) are $507K higher for YTD 2011 than YTD 2010. This is primarily due to
the 2011 increases in REET Revenue.
Expense:
Key items for 2011 Expense include:
• General Fund Expenditures were ($17K) lower for YTD 2011 than YTD 2010.
• Capital Fund:
o Expenditures are $358K higher for YTD 2011 compared to YTD 2010 due to the City
Hall Renovation Project.
ITEM CA-3
City Hall Project:
City Hall Expenditures for May 2011 YTD are: $926K
City Hall Expenditures for 2010 were: $496K
Total City Hall Expenditures for 2010 & 2011 YTD are: $1.4M
Cash & Investments:
Cash balances for all funds were $5.3M as of 5/31/2011.
2011 Budget Binder:
The 2011 Budget Binder is included in your Council Packet. Please note that the Adopted Budget
as of 12/13/2010, per Ordinance No. 868 is the Budget adopted at the Fund level and is included on
pages 16-19 in the Budget Binder, along with the corresponding detailed budgets. There were 2
subsequent Budget Amendments A & B, dated 2/15/2011 and 5/9/2011 respectively, which are
included as Amendments to the Budget and are included in the back of the Budget Binder for your
reference.
The May Financial Reports have been updated in Vision to include the most recent 2011 Budget,
including Budget Amendments through 5/9/2011.
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ITEM CA-4
March 21, 2011
CALL TO ORDER
CITY OF MEDINA
Park Board Meeting Minutes
St. Thomas Church, Music Room
8398 NE 12th Street
Chair called the March 21, 2011 Park Board meeting to order at 6:01 pm.
ROLL CALL
Present: Gabriele Dickmann, Marelaine Dykes, Matt Kochel, Susan Loren -Taylor,
Ross Mickel, Laura Weingaertner
Absent: Susan Flagg
Staff Present: Joe Willis, Director of Public Works; Pamela Greytak, Admin. Assistant
ANNOUNCEMENTS
No announcements were made.
MINUTES
MOTION WEINGAERTNER AND SECOND MICKEL TO APPROVE THE FEBRUARY
28, 2011 PARK BOARD MINUTES AS WRITTEN. MOTION PASSED 6-0. 6:02 pm
AUDIENCE PARTICIPATION
No audience participation.
PARK REPORTS (6:02 pm)
In response to Dykes inquiry concerning water drainage issues in Medina Park, Willis
indicated that the culvert under the walking path would soon be replaced.
Loren -Taylor expressed appreciation that public works employee Katie McGauran had
recently activated and cleaned water fountains in Medina Park.
Kochel reported that he had recently seen kids riding bicycles on the tennis courts in
Medina Park.
Mickel stated the signs posted behind Plexiglas in Medina Park become moldy and
weathered due to moisture buildup. He suggested that there may be alternatives to
these signs.
Weingaertner reported that the Fairweather Park playfield is damaged due to sports
teams use. Board members agreed that charging teams a fee to use the field would be
Park Board Minutes Page 1 March 21, 2011
ITEM CA-4
an ideal way to create revenue for field maintenance. Dykes and Weingaertner
volunteered to research the dollar amount that other cities charge teams for field use.
Miss Ellie Dykes, Medina Resident (6:14 pm)
Miss Dykes requested that a tire swing be installed in Medina Park. Upon discussing
her request with Weingaertner, she commented that she would prefer a tire swing as
opposed to the seesaw that is currently there.
Loren -Taylor stated that Blue Herons are nesting in an open area on the south side of
Medina Park. Loren -Taylor reported that Medina resident Drew Blazey is considering
donating funds to purchase a bike rack in Medina Park.
NEW BUSINESS
Planning for Upcoming Comprehensive Plan Update Open House (6:20 pm)
Willis reviewed the parks maps that he planned to display at the April 18th open house.
Board members and Willis discussed the process involved when individuals purchase
trees to memorialize the deceased.
Arbor Day Celebration (6:45 pm)
Dickmann described the location of an unrecognizable plant in Medina Park. She
inquired about the possibility of replacing it with a rhododendron on Arbor Day.
Board members spoke about inviting children from St. Thomas School to the Arbor Day
tree planting event.
Easter Egg Hunt (6:54 pm)
Board members determined that 1500 plastic eggs would be needed for the Easter egg
hunt on Saturday, April 23 at 10 a.m.
ADJOURNMENT
MOTION DYKES AND SECOND LOREN-TAYLOR TO ADJOURN MARCH 21, 2011
PARK BOARD MEETING. MOTION PASSED 6-0. (7:00 PM)
The next Park Board meeting will be held Monday, April 18, 2011 at 6:00 pm.
Minutes taken by:
Pamela Greytak, CIVIC
Administrative Assistant
Park Board Minutes Page 2 March 21, 2011
ITEM CA-5
April 18, 2011
CALL TO ORDER
CITY OF MEDINA
Park Board Open House Meeting Minutes
St. Thomas Church, Music Room
8398 NE 12t" Street
April 18, 2011 Park Board open house called to order at 6:00 pm.
ROLL CALL
Present: Gabriele Dickmann, Marelaine Dykes, Susan Flagg, Matt Kochel,
Susan Loren -Taylor, Ross Mickel, Laura Weingaertner
Staff Present: Joe Willis, Director of Public Works; Donna Hanson, City Manager
OPEN HOUSE REGARDING PARKS COMPREHENSIVE PLAN UPDATE
The Park Board held an open house to give residents the opportunity to provide input
regarding the upcoming Medina parks comprehensive plan update. Board members and
Willis provided information and answered questions regarding Medina parks.
ADJOURNMENT
APRIL 18, 2011 OPEN HOUSE ADJOURNED AT 7:30 PM
The next Park Board meeting will be held Monday, May 16, 2011 at 6:00 pm.
Minutes taken by:
Joe Willis
Public Works Director
Park Board Minutes Page 1 April 18, 2011
ITEM CA-6
CITY OF MEDINA
Planning Commission Meeting
April 26, 2011 St. Thomas Church Music Room
6: 30 p.m. 8398 NE 12th St.
CALL TO ORDER
The Planning Commission meeting of April 26, 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
6:34PM), Judie O'Brien, Jeff Price, Ching -Pi Wang
Absent:
Staff Present: Robert Grumbach, Development Services Director
Donna Goodman, Development Services Coordinator
ANNOUNCEMENTS (6:33 PM)
Grumbach made the following announcement:
• The Park Board held an open house to kick off their work on a new park plan.
It was successful and there was a good turnout. The park plan will become
part of the goals and policies for the revised comprehensive plan.
• The City is now sending postcards monthly to citizens to provide updates on
the many major issues that the City is currently dealing with in a further effort
to reach out to the public.
• As part of the SR-520 bridge replacement WSDOT will soon be applying for
permits. The project includes construction of a maintenance facility and the
requirement to provide public access to the lake in the form of a view platform
on the south side of the bridge. They are looking for input and there will be a
website providing information on this.
• There are two openings for the Planning Commission and Commissioner May
has submitted the only application received so far. The notice will remain
open until the positions are filled.
• The City has selected Sound Law as the new hearing examiner following
issuance of a request for proposals. Kimberly Allen will be our primary service
provider, but the company has Ted Hunter and Jim Driscoll (a previous
hearing examiner for Medina) as back up.
• May asked about the SR-520 bus stop and wondered if it would remain
operational. Grumbach responded that he thought so but would check with
Public Works Director Joe Willis.
ITEM CA-6
• Grumbach explained that the Park & Ride would be moved to Fairweather
Nature Preserve during construction of the SR-520, and that WSDOT would
construct a new sports field there when construction is completed.
• There will be an open house for the proposed shoreline master program
updates.
Chair O'Brien announced that a resident had brought to her attention that the Council
had changed their agendas to allow public comment on any item on their agenda
during the audience participation portion of the council meeting. She suggested that,
if the Commissioners agreed, the Planning Commission do the same in order to
maintain consistency with the Council. Citizens wishing to discuss an issue that
appears as a public hearing later in the agenda could choose whether to speak
earlier, during audience participation, or later, during the public hearing. The
consensus was to allow the change.
APPROVAL OF MINUTES
MOTION GOUDY / SECOND NUNN TO APPROVE MARCH 22, 2011 MEETING
MINUTES AS SUBMITTED. APPROVED 7-0 (6:41PM)
AUDIENCE PARTICIPATION (6:38 PM)
Miles Adam addressed the commission on the subject of minimum maintenance
standards for vacant residences and abandoned construction sites, item G-2 on the
agenda. Adam explained that his son lives next door to an abandoned construction
site left at the worst possible stage. The residence was demolished, the basement
dug out and a large hole was left which had then filled with water, with no barriers or
restrictions around it. He explained that this situation had been going on for quite a
long time and nothing had been done.
Adam stated that he had three primary concerns: First, it is a serious public safety
issue for the children in the area and the site is three houses from an elementary
school. Second, Adam explained that there were environmental concerns with the
erosion that was occurring as the banks of the hole were gradually falling in on both
sides. Third, he expressed concern that the site was impacting the entire
neighborhood in terms of resale values and it is depressing to have in a nice
neighborhood. Adam presented photos of the site which he left with the commission.
O'Brien reported that she had heard some time ago from the property owner's
attorney that they would be going out to bid to fill the hole so the property could be
sold. It was mentioned that there were other projects in the city that were willing to fill
the hole with excavated soil, but they needed the owner's approval. O'Brien
indicated that she will contact the attorney to see if he can obtain authorization.
Wilma Edmonds, 7721 NE 241h St., testified that one house from her is an abandoned
house that has been unoccupied and neglected for 3'/2 years. She reported that it is
overgrown with blackberries and the grass is knee high. She noted that someone
Planning Commission Minutes Page 2 April 26, 2011
ITEM CA-6
had been breaking into the house, that the hot water heater had been stolen and that
the property had become a shelter for rats. Edmonds submitted photographs of the
site.
There were no other comments and Chair closed the audience participation portion of
the meeting.
PUBLIC HEARINGS
LEGISLATIVE: Recommendation for amending Chapter 17.48 MMC to allow for off -
site accessory uses and buildings (6:52 PM)
Chair opened the public hearing.
Grumbach summarized his staff report, explaining that this code amendment would
allow property owners owning two adjacent properties to construct some types of
accessory structures on the property adjacent to their residence without the
requirement to legally combine the two lots.
Grumbach added that the current codes are unclear. This change would clarify what
is allowed and is not allowed on adjoining properties while preventing undesirable
uses and maintaining the residential character of the neighborhoods.
Attorney Richard Wilson, 1221 2"d Ave, Seattle, representing the Brotmans, testified
that his clients appreciate the commission's willingness to break this issue out from
the larger zoning code amendments in order to move it forward more quickly. He
indicated that this will allow his clients to build a greenhouse and small parking area
on their adjacent property and thanked the commission for their work on this matter.
MOTION PRICE / SECOND WANG TO FORWARD THE PROPOSED CODE
AMENDEMENT TO THE CITY COUNCIL. (6:56 PM) APPROVED 7-0 (7.09PM)
Grumbach explained that the council will most likely hold a second public hearing at
their May meeting and then, if they wish, it will likely be placed on their consent
agenda for June. Nunn supported the process that includes further review by others.
Discussion and questions followed regarding the proposed 1,000 sq. ft. limitation on
structures, the requirement for placing notice on the property title, and what would
occur if one of the properties is sold
Grumbach explained that he had not taken the Brotmans' plans into consideration,
but had chosen that size because it is a bit bigger than a typical garage, however the
commission could propose any size limitation they would like. He went on to
describe the process for placing notice on titles and the code enforcement that might
be required if a property is sold.
Planning Commission Minutes Page 3 April 26, 2011
ITEM CA-6
OTHER BUSINESS
1) Shoreline Master Program Goals and Policies SMP Uses & SMP Environmental
Designation Map (7.10 PM)
Grumbach noted that discussion was continued from the last meeting and that he
had made revisions to the document based on that discussion. Discussion topics
included additional shoreline access, urban conservancy, shared community access
areas and shoreline stabilization.
Grumbach reported that he has started the proposed chapters for the SMP, including
the general provisions & introduction, which are straight from the Shoreline
Management Act established by state law. To follow will be chapters on
administration and interpretation, modifying the current language in order to work with
the Dept. of Ecology requirements. Also, the section on definitions, which comes
from the WAC and RCW's, will be filled in with definitions from the Kirkland SMP.
Wang asked about the grandfathering of non -conforming structures and Grumbach
explained the regulations and that additional non -conformities will be created
because the setbacks will become more restrictive. Also, he noted, the majority of
existing docks in the city are nonconforming because they are longer than the current
100 ft. regulation.
Nunn expressed concern that citizens will say later that they weren't notified of
proposed changes and did not have an opportunity to voice their opinions. O'Brien
advised that the commission needs to make sure that they are working on behalf of
waterfront property owners in an effort to allow them to maintain what they have.
Grumbach addressed commissioners' questions on the table, categories,
classifications, transportation and parking. It was decided to continue discussion.
Grumbach will make modifications to the table before the next meeting.
2) Minimum Maintenance Standards for Vacant Residences and Abandoned
Construction Sites (7:59 PM
Grumbach explained that people want the city to be able to do more in response to
abandoned construction sites. This proposed ordinance would create standards for
maintenance of these types of properties. It includes owner's obligations, definitions
to work with and criteria property owners will need to comply with. This is the basic
chapter but there will be additional chapters on enforcement and penalties which will
be discussed in the future.
The consensus was that there ought to be more that can be done and some
commissioners expressed frustration that the City doesn't take abatement action in
these situations. Grumbach explained that the City Attorney has determined that
there would be too much liability to the City if it were to take abatement action on
these private properties and that that is a policy decision that has been made. He
explained that this proposed ordinance is a tool that the city can use that would not
Planning Commission Minutes Page 4 April 26, 2011
ITEM CA-6
make the City liable. Grumbach went on to say that the ordinance will come back to
the commission for discussion of fines and liens.
MOTION NUNN / SECOND GOUDY TO ACCEPT THESE CONDITIONS WITH THE
ADDIITONAL FINES RECOMMENDED BY ROBERT AND COUNCIL, MAY'S
ADDITION OF RESPONSIBLE PEOPLE AS WELL AS THE ADDIITION OF A FINAL
PENALTY OF A MISDEMEANOR WARRANT (8:30 PM). APPROVED 7-0 (8:46
Further discussion.
MOTION LEE / SECOND PRICE TO AMMEND THE MOTION TO CHANGE THE "90
CONSECUTIVE DAYS" TO "60 CONSECUTIVE DAYS". AMENDMENT
APPROVED 7-0 (8:40 PM)
Additional discussion followed.
MOTION PRICE / SECOND NUNN TO AMMEND THE MOTION TO INCLUDE A
LETTER TO COUNCIL EXPRESSING EXTREME FRUSTRATION AND
DEMANDING ALTERNATIVE ACTION. APPROVED 7-0 (8:45 PM)
Grumbach suggested that the commissioners email their comments to him and he
will compose a letter from the commission to be included in the next council packet.
MOTION NUNN / SECOND PRICE TO ADJOURN APRIL 26, 2011 PLANNING
COMMISSION MEETING. APPROVED 7-0 (8:46 PM)
The next Planning Commission meeting will be held on May 24, 2011, at the St.
Thomas Great Hall Music Room.
Minutes taken by:
Donna Goodman
Development Services Coordinator
Planning Commission Minutes Page 5 April 26, 2011
Medina City Council Regular Meeting
Monday, June 13, 2011
ITEMS CA-7 & CA-8
AGENDA BILL
Subject: Confirmation of Appointments to Park Board and Planning Commission
Category: ® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other — Discussion
Prepared y: Rachel Baker, Central Services
Summary:
Please see attached letter from Medina City Council Personnel Committee to Medina
City Council members recommending appointments to the Medina Park Board and
Medina Planning Commission.
Attachments:
1. Letter to City Council from City Council Personnel Committee dated 06/03/2011,
Budget/FiscalImpact: None.
Staff Recommendation: None.
City Manager Approval:
Move to confirm appointments as recommended by council
personnel committee for four-year terms beginning July 1, 2011 and
expiring June 30, 2015:
• Alex Morcos to Planning Commission Position #2
• Peter May to Planning Commission Position #4
Proposed Council 0 Susan Loren -Taylor to Park Board Position #2, and
Motion: • Ross Mickel to Park Board Position #5
ITEMS CA-7 & CA-8
CITY OF MEDINA
8398 NORTHEAST 12 STREET 1 PO BOX 144 1 MEDINA WA 98039-0144
TELEPHONE 425-233-6400 1 www.medina-wa.gov
Date: June 3, 2011
To: Medina City Council Members
Fm: Personnel Committee
Doug Dicharry, Bret Jordan, Katie Phelps
Subject: Advisory Board/Commission Appointment Recommendations
Medina Planning Commission, Positions 2 and 4
Medina Park Board, Positions 2 and 5
Honorable Medina City Council Members:
In compliance with Resolution Number 332, the personnel committee is hereby submitting its
recommendations for appointment to the planning commission and park board to the full city
council for consideration. Confirmation is scheduled to occur during the June 13 Medina City
Council meeting.
Terms for planning commission positions two and four and park board positions two and five
expire June 30. Volunteers in these positions were notified of expiring terms and encouraged
to reapply. All incumbents reapplied with the exception of planning commissioner Molly
Goudy who "...appreciated the opportunity to serve the community on the planning
commission." And intended to ..."roll off when my term expires in June."
On January 6 recruitment notices were posted on City notice boards, on the City's website,
delivered through the City's e-notice program, and called -out on postcards mailed to residents.
These efforts yielded a total of two applications for the planning commission and three for the
park board. The personnel committee held interviews April 29, May 6, and June 1. All
applicants were interviewed.
Terms for the four advisory board/commission positions begin July 1 and expire June 30, 2015.
All expiring terms on the planning commission and park board will be occupied if
recommendations are confirmed by the city council. The personnel committee recommends
the following appointments:
Planning Commission:
Position #2: Alex Morcos
Position #4: Peter May (incumbent)
Park Board:
Position #2: Susan Loren -Taylor (incumbent)
Position #5: Ross Mickel (incumbent)
Medina City Council Regular Meeting ITEM CA-9
Monday, June 13, 2011
AGENDA BILL
Subject: Approval of Appointment to Civil Service Commission, Position 1
Category: ® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Donna Hanson, City Manager
Summary:
Medina Municipal Code states that members of the civil service commission of the city shall be
appointed by the city manager with the approval of the city council. Peter Jorgensen , current
chair of the civil service commission, reapplied for the position. Mr. Jorgensen was interviewed.
He is a knowledgeable and experienced member of the commission.
Attachments:
None.
Budget/Fiscal
Impact: None.
Staff
Recommendation: Recommended approval.
City Manager
Approval:
4-
Proposed Council Move to approve appointment of Peter Jorgensen to the civil service
Motion: commission.
Medina City Council Regular Meeting ITEM CA-10
Monday, June 13, 2011
AGENDA BILL
Subject: Snohomish County Jail Contract
Category: ® Consent ❑ Ordinance ❑ Public Hearing
g
❑ City Council Business ❑ Resolution ❑ Other - Discussion
Prepared
By: Dan Yourkoski, Acting Police Chief
Summary:
This Snohomish County Jail Contract is from date of signing through December 31,
2016. The Snohomish County Jail is currently the lowest priced Jail facility in the
region, there is no bed commitment, and the City is only charged for actual use of the
facility.
This out of County jail would be utilized by the city of Medina to house misdemeanants.
It can be used to house individuals who have been sentenced by the Court or are
awaiting trial. It would also allow Snohomish County Agencies arresting individuals on
City of Medina warrants to book subjects directly into the Snohomish County Jail freeing
up Medina Officers from performing warrant meets.
This contract was previously approved by Council but additional changes were
necessary due to changes in Snohomish County Code. The financial terms remain
unchanged from the earlier approved agreement.
Attachments:
1. Snohomish County Jail Contract
Budget/Fiscal
Impact:
Staff
Recommendation: Approval on Consent Agenda
City Manager
Approval:
Proposed
Council Motion: N/A
ITEM CA-10
SNOHOMISH COUNTY SHERIFF'S OFFICE
CORRECTIONS BUREAU
INTEGRITY - DIGNITY • COMMITMENT • PRIDE
John Lovick, Sheriff
Snohomish County Sheriffs Office
Corrections Bureau
Major Doug Jeske
3025 Oakes Avenue
Everett, WA 98201
May 4, 2011
Lieutenant Dan. Yourkoski
Medina Police Department
8398 NE 12'h ST; Unit B
Medina, WA 98039
Dear Lieutenant Yourkoski
Per our conversation, please find enclosed two (2) original Interlocal Agreements for Jail Services. Due
to changes in the Snohomish County Code, we have had to insert language regarding the County's newly
enacted Human Fights Commission. Because we were making this change, we used this as an
opportunity to clean up some other areas of the agreement.
Although many of the changes are cosmetic, the end product is a more readable and clearly written
agreement. I have enclosed a version that shows the changes for your convenience.
I apologize in advance for any inconvenience re-routing this agreement may cause. I am confident that
the end result will be in everybody's best interest.
Please contact me should you have any concerns or questions. If necessary, I can arrange to have our
legal counsel speak directly with your legal counsel should that be necessary.
Thank you for your understanding and patience.
Sincerely,
Major Doug Jeske
M/S #509 * 3000 Rockefeller Ave. • Everett, WA 98201 • Phone: (425) 388-3395 • Fax: (425) 339-2244
ITEM CA-10
INTERLOCAL AGREEMENT FOR JAIL SERVICES
THIS AGREEMENT is entered into by and between SNOHOMISH COUNTY, a
political subdivision of the State of Washington (hereinafter COUNTY) and the City of
—Medina a municipal corporation of the State of Washington (hereinafter CITY).
NOW, THEREFORE, in accordance with the Interlocal Cooperation Act (Chapter 39.34
RCW) and the City and County Jails Act (Chapter 70.48 RCW), the COUNTY and CITY hereby
agree as follows:
Section 1 Definitions
ccT '1" ___ / lli R TV _ PeAed
A The
faeiik :I.. .1....:....__1 _+_CC .7
'
7
D
V_.A__ The term "Book" means the act of registering, screening, and examining inmates
for confinement in the .Tail; inventorying and safekeeping inmates' personal property;
maintaining all computerized records of arrest; performing warrant checks; and all other
activities associated with processing an inmate for confinement.
G. The <cV T A 77 Ltnnl. nll or housed T. +., Tn.l
r'T'7'
F ..L...
D. 1 Tn....Me Moms
anYl
` __ _ Tl__I.__1 __ L_..n_a_:._
.-.L_ is no� _ GTTV T...._..+..
&B. The term "Bureau Chief' means the Corrections Bureau Chief, Snohomish
County Sheriff's Office.
Q. 1bg Zrm "Bu iness Day" mraas Monday IbcQua Friday- 8:00 a-m. untii_5:00
i2m., gggludilIg C 0i1MTY-recog iz�olidays.
D. The term "Cities" means collejvely all c at have executed Interlocal
Agreement for Jail Services with the Cp tJNTY in substantially the same form as t
Aereu=
E. The term "CITY Inmate" means a person Booked or housed in the Jail for whom
the CITY is a billable agency under the terms set forth in this Agreement.
F. The term "CITY Municipal Code" means the Municipal Code of the GIT-VCof
City of.. Intsdocal Agreement for Jail Services Pagel of 21
2010 - 2016
ITEM CA-10
Medina.
G. The term "CITY Municipal Court" means the Court of Limited Jurisdiction
charged with hearing violations of the CITY Municipal Code, including any division of
the COUNTY District Court acting for the CITY via a service contract.
H. The term "C.QQNjY Inmate" means anv rejson Booked or housed in the Jail
who is not a CITY Inmate.
1 The term "fit for Jail" means that an arrested person is medically able to be
housed in jail and does not need medical attention that would require treatment at a
hospital or othertype of medical facility.
4:J. The term "Force Majeure" means war, civil unrest, and any natural event outside
of the parry's reasonable control, including fire, storm, flood, earthquake, or other act of
nature.
K. Upon the date of the execution of this Agreement. Jail includes the Snohomish
County Main Jail and all Community Corrections Programs for which CITY Inmates may
be eligible pursuant to this Agreement.
K.1_The term "maximum allowable population level" means the greatest allowable
number of CITY Inmates that can be held in the Jail in a safe, secure, and humane
manner: as stated in Section 5(B). The maximum allowable population level shall be
determined solely by the Sheriff or his/her designee.
Section 2 Purpose
Under the authority of Chapter 70.48 RCW, the COUNTY maintains a Jail. The CITY
from time -to -time desires to confine CITY Inmates in the Jail. In return for payment as specified
City of- Interlocal Agreement for Jail Services Page 2 of 21
2010 - 2016
ITEM CA-10
in Section 9, the COUNTY agrees to furnish its facilities and personnel for confinement of CITY
Inmates based on the rules and conditions set forth in this Agreement and any attachments
thffr h=to.
Section 3 Term
This ¢ eement shall be in effect from the date of mutual signature and shall
continue in effect until December 31, ..:.,2 116, or until terminated by either party in accordance
with Section 4, PROVIDED that the COUNTY'S obligations are contingent upon local
legislative appropriation of necessary funds for the purpose of funding this Agreement in
accordance with applicable laws and the Snohomish County Charter.
Section 4 Termination
This Agreement may be terminated by either party for any reason at any time prior to its
expiration upon ninety (90) calendar days. prior written notice provided pursuant to Section 17
hereof. The notice shall state the specific plans for
accommodation of the affected jail population,
Section 5 Population Level Limitation
A. In the event that the Sail's-aeeeptablecumulative maximum allowable population
level is reached all cities housing inmates at the Jail, inmates who are confined on
Snohomish County charges or commitments will have first priority for continued
incarceration. In the event the inmates we mqoifed +_ leave the COUNTY determines
that CITY Inmates must be removed from the Tail, in order to maintain the Jail's
cumulative maximum allowable pppulation level, out -of -county iatesCITY Inmates
shall be the first inmates removed byfrom the ail. Out-
of-eouruty awes a e_Q Inmates will be removed,-eWes in the reverse order that have
$igfiedt'hte interloeal agreements for jail SerV1C2S with —the —wvrri-y purr—ciccrrc .....•-
^a l^ +-h _de these -age - were entered into between the
a
COUNTY and the out -of -county cities. Every effort will be made to manage the average
daily population (ADP), including booking restrictions as a method to lower the ADP.
The Bureau Chief shall have final authority on ADP reduction measures and will provide
at least thirty (30) daysiays, notice to the CITY to remove its inmates.
B. The maximum allowable QT��-� 4nmate -population level for the CITY is --
(-- }ten 110I inmates per day, unless otherwise specified by the Bureau Chief.
Section 6 PIacing CITY Inmates in Jail by Law Enforcement Personnel
Subject to the following conditions stated herein, and the constraints listed in Section 5,
the COUNTY will accept arrested persons delivered to the Jail for confinement, including
persons arrested for, or convicted of, violations of the CITY Municipal Code and will hold them
City of.. Interlocal Agreement for Jail Services Page 3 of 21
2090-2016
ITEM CA-10
until such time as they are lawfully discharged from custody pursuant to law, or returned to the
custody of the CITY
A. The CITY law enforcement personnel will follow all Jail procedures when
presenting arrested persons for Booking.
B. The Jail will not receive a person into custody until the law enforcement
personnel having custody of the person provides the Jail with proper documentation of
the Jail's legal basis to hold the person in custody. Proper documentation will consist of
either an arrest warrant, the order of a court of competent jurisdiction, or a properly
completed Notice of Arrest on the form provided by the court into which the person is
being cited.
C. An- e4-The Jail will n¢t receive a person " net be eensidered ^ GITY
* of this Agfeement until yeiisfe £nto custody is eer"Plel:e. T+Msfe
of eastedy gem GITY law enfereement pemennel to the jail until the Jail
has medically cleared the
srfested-person as "fit for Jail"
D. CITY Inmates shall be billable to the CITY when:
The CITY Inmates:
The in atc is being held on violation of a misdemeanor or gross misdemeanor; on
a warrant or court order issued by the CITY'S Municipal Court•, and
2. The inmate is not being held on any active COUNTY felony charge; and
3. The inmate is not a Federal Inmate who can be removed by the Federal agency
without regard to local charges:: or when
i
i--4.The infn Inmate is being held f'e+on violation of a
misdemeanor or cross misdemeanor, on a warrant or court order
issued by the CITY with ^f: amva)-;C TY'S
Municipal Court and
-Thethe inmate is also being held by the State for violation of the Offender
Accountability Act and the CITY will not allow the State to move the inmate.
E. CITY Inmates shall not be billable to the CITY when:
1. The iITX Inmate receives a personal recognizance release, posts
bail, or finishes serving a sentence on that charge;
City of - Interloeal Agreement for Jail Services Page 4 of 21
2010 - 2015
ITEM CA-10
2. The charge against the CITY Inmate is either dismissed, aeenot filed, or
otherwise withdrawn;
Formatted: BOW and Numbering
same-, eP
-a:s 7-he GITYeannet r-emevethe 01Charges, other than the CITY
charges-Feqe4ieg, that require the mate''5C1TY Inmate's custody in Jail
kisfiedremain unsatisfied.
Section 7 Walk In Commitments
Subject to the following condition _tat_a m:e , and the constraints listed in Section 5,
the COUNTY will accept persons sentenced to a term of confinement to Jail by a CITY
Municipal Court, including persons convicted of violations of the CITY Municipal Code and will
hold them until such time as they are lawfully discharged from custody pursuant to law and the
terms of the judicial Order of Commitment, or returned to the custody of the CITY
A. A person reporting for commitment will not be accepted for Booking until the
COUNTY receives a valid judicial Order of Commitment from the CITY Municipal
Court and the Jail has medically cleared the person reporting for commitment as "fit for
Jail."
B. A person reporting for commitment will not be considered a CITY Inmate for the
purposes of this Agreement until the person is accepted for Booking. In the event that a
person reporting for commitment is not accepted for Booking, the Jail will notify the
CITY Municipal Court of the person's non -acceptance and the reason for the non-
acceptance. Notification will occur on the same day if the non -acceptance occurs during
a Business Day or on the following Business Day if the non -acceptance occurs after the
end of a Business Day.
1
Section 8 Rules Relating to Inmates in Custody
A. Persons convicted of violations of the CITY Municipal Code may earn early
release time of up to one-third (1/3) of the total sentence as authorized by Chapter 9.94A
RCW.
B. Investigators directed by the CITY attorney or CITY police officers will have the
right to interview CITY inmates inside the confines of the Jail, subject to necessary
operational and security rules. Interview rooms will be made available on an equivalent
basis to all jurisdictions with inmates in the Jail.
C. CITY Inmates will b subject to all
City of .. Interlocai Agreement for Jail Services Page 5 of 21
2010.2016
ITEM CA-10
applicable rules of the Jail, including any emergency security rules imposed by the
Bureau Chief. It is expressly agreed by the CITY that visitation and telephone privileges
of CITY inmates, if any, will be the same as COUNTY inmates and subject to applicable
requirements of law.
D. The Jail will be administered by the COUNTY in accordance with the rules-eW,
regulations and ordinances of the COUNTX, I*T
G0 TY e...rr_anees and in accordance
with the rules and regulations of any agency of the State of Washington empowered to
make rules governing the administration of COUNTY jails.
E. CITY Inmates may be ... a inmate ..,,rkeF t the disc __ien _f «t GO gF*
._,. .., __ .,. _ _ the participate
in Community Corrections Programs as detailed in Attachment C.
Section 9 Fees
A. The CITY will pay the COUNTY fees for services as follows:
1. Booking Fee: A fee shall be assessed for the Booking of CITY Inmates by or
on behalf of the CITY into the Jail. It is the only fee charged for inmates released
within four (4) hours of Booking into the Jail.
2. Daily Maintenance Fee: A daily maintenance fee shall be assessed for each
calendar day that a CITY Inmate is housed in the Jail. This fee shall not be
charged for inmates released within four (4) hours of Booking.
a. WeAt Release ne:l. Fee A . e..l...elease loll, main e.. e fee sh it be
assessed for eaeb ealendar day that a GR�V inmate is housed in the WeAk
Release f e.l:t..
rcarc�,+cxz�'-r rc�
b. in Gtistgdy We& Grew Daily Pe An in eus", "r-k er-ew daily fee
shall be assessed fer- earh ealendw day that a CITY ififnate paA4eipates in
e. Eleetre Fee- A., sleaFenis ,.e_.e
dAti_ A daily fee shall be assessed :e .n l-. enie. daF day that a DITTY-
B. The a-94-A2011 rates for the Booking and Daily Maintenance Fees shall be ninety
dollars ($90) per Booking and sixty-two dollars and fifty cents ($62.50) per day for each
housing day. The Werk Release Daily Fee and the le Qdsad We& n... W Day Fe
whieh afe in lieu efthe Daily Maintenanee Fet shall be ", twe delleffs ($42) per. day
4r eaeh housing day. The Q4D Daily Fee, whiek is also in lieu of the Daily MahitenaRs
Fee shad be s R dellafs (St 6) p .. day.
City of.. Interbcal Agreement for Jail Services Pape a of 21
2010 - 2016
ITEM CA-10
C. The 2$1$2011 rates outlined in Section 9(B) will increase each calendar year
during the term of this Agreement by a rate equal to ninety percent (90%) of the Bureau
of Labor Statistics Consumer Price Index (Urban Wage Earners) for the Seattle -Tacoma -
Bremerton area, measured from June of the prior year to June of the current year. In no
event shall the increase be greater than three percent (3%) per calendar year.
D. The billing process calculates booking and daily inmate charges using
proportional methodology. The process for proportional billing is described in
€xhibitAttachment A, and hereby incorporated by reference. If multiple jurisdictions
have an open misdemeanor charge on an individual, the jurisdictions will share the cost
as long as an open charge persists for that agency. A contract agency is billed for booking
an individual for its misdemeanor charge or charges. If there are open charges with more
than one contract agency, each agency will be billed in equal portions. The same process
applies for determining the daily billing. When a contracting agency's charge is closed,
that agency drops from the proportional billing process. The proportional billing is
recalculated without that agency. If an agency has multiple open misdemeanor charges,
the agency is only billed as one element of the proportional booking process; equal to all
others with open misdemeanor charges. Additionally, there will be no partial days billed.
The billing process looks at who is billable to whom each day and bills accordingly.
E. In July each year, the COUNTY will provide the CITY with rates for the
following year by notice to the CITY, as provided in Section 17. The new fees will go
into effect with the January billing of the following year.
F. Costs incurred for necessary medical services to CITY Inmates beyond routine
medical examinations, tests, procedures. and prescriptions will be borne by the CITY in
addition to the basic rates set out in Section 903). If the inmate suffers an injury while in
the custody of the Jail, the COUNTY will bear all expenses not covered by the inmate's
health insurance and/or public assistance. The Custody or Medical Supervisors) on duty
in the Jail is hereby granted the authority to seek necessary medical services for CITY
Inmates without consulting with CITY officials; PROVIDED, that when it appears that a
CITY Inmate will incur unusual or substantial medical expenses due to illness, the
COUNTY shall notify the CITY prior to seeking treatment, unless immediate treatment is
required. If the Jail medical staff order immediate treatment, the COUNTY will notify
the CITY as soon after the event as reasonably possible. The CITY and the COUNTY
will comply with the requirements of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) and Snohomish County policies and procedures regarding HIPAA.
The COUNTY will credit amounts received from the inmate's own health insurance and
applicable public assistance before billing the CITY.
Section 10 First Appearance Video Court Hearings
Operation and fees associated with the CITY's use of the COUNTY's "Video Court" are
City of.. Interlace[ Agreement for Jail Services Page 7 of 21
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ITEM CA-10
described in Exhibi Attachment B, attached hereto and hereby incorporated by this reference.
Section 11 Transport
A. The CITY agrees to be responsible for inmate transportation to and from the Jail
for Court, except as identified in €)N kttachmcnt B, First Appearance Video Court
Hearings- or as otherwise agreed by separate written agreement of the parties
B. The COUNTY will provide transportation and guarding of CITY Inmates to and
from medical facilities when the Jail Medical Supervisor has determined that such
treatment is necessary under Section 9(F). The CITY will fumish all other transportation
of CITY Inmates unless otherwise agreed by separate written agreement of the parties.
Section I2 Method of Payment & Billing Dispute Resolution Procedure
A. The COUNTY shall transmit billings to the CITY monthly. Within thirty (30)
days after receipt, the CITY shall pay the full amount billed.
B. Payments from the CITY shall clearly indicate that the payment is for Jail
services and the period covered by the payment.
C. If the CITY disputes amounts billed, it has thirty (30) days following receipt of
billing to notify the COUNTY of any alleged discrepancies calculating the amount the
CITY owes the COUNTY. The CITY will provide the COUNTY with documentation
for all alleged discrepancies. The COUNTY will respond to any alleged discrepancies
within fifteen (15) working days of receipt of documentation. Credits for resolved
discrepancies will be reflected on next billing cycle. The COUNTY will notify the CITY
of all unresolved discrepancies.
D. Withholding of any amount billed or alleging that any party is in violation of any
provision of this Agreement shall constitute a dispute, which shall be resolved as follows:
I. The Bureau Chief and CITY Police Chief or their designees shall attempt
to resolve the dispute by negotiation. If such negotiation is unsuccessful, the
dispute shall be appealed to the City Manager/Mayor of the CITY and the
COUNTY Executive for settlement. If not resolved within thirty (30) days of
referral, the City Manager/Manor of the CITY and the COUNTY Executive may
by mutual written consent 1) apply to the Presiding Judge of the Snohomish
County Superior Court for appointment of an arbitrator whose decision shall be
final and binding on both parties, OR 2) may invoke the procedures set out in
RCW 39.34.180 (3) for binding arbitration. Each party shall pay one-half of any
arbitration fees.
2. Any amount withheld from a billing, which is determined to be owed to
City of_ Interlocal Agreement for Jail Services Page B of 21
2010.2016
ITEM CA-10
the COUNTY pursuant to the dispute resolution procedure described herein, shall
be paid by the CITY within thirty (30) days of the date of the negotiated
resolution or arbitration determination.
3. Any undisputed billing amount not paid by the CITY within forty-five
(45) days of receipt of the billing, and any amounts found to be owing to the
COUNTY as a result of the billing dispute resolution procedure that are not paid
within thirty (30) days of resolution, shall be conclusively established as a lawful
debt owed to the COUNTY by the CITY, shall be binding on the parties and shall
not be subject to legal question either directly or collaterally. This provision shall
not limit a CITY's ability to challenge or dispute any billings that have been paid
by the CITY.
4. If the CITY fails to pay a billing within forty-five (45) days of receipt, the
COUNTY will notify the CITY of its failure to pay and the CITY shall have ten
(10) days to cure non-payment. In the event the CITY fails to cure its
neffpayffkentnon payment, the CITY shall be deemed to have waived its right to
house CITY Inmates in the Jail and, at the COUNTY's request, will remove all
CITY Inmates already housed in the Jail within thirty (30) days. Thereafter, the
COUNTY, at its sole discretion, will accept no furtber CITY Inmates until all
outstanding bills are paid.
G. The COUNTY may charge an interest rate equal to the interest rate on the
monthly COUNTY investment earnings on any undisputed billing amount not paid by the
CITY within forty-five (45) days of receipt of the billing, and any amounts found to be
owing to the COUNTY as a result of the billing dispute resolution procedure.
H. Each party many examine the other's books and records to verify charges. If an
examination reveals an improper charge, the next billing statement will be adjusted
appropriately.
Section 13 Indemnification
A. The COUNTY shall indemnify and hold harmless the CITY and its officers,
agents, and employees, or any of them, from any and all claims, actions, suits, liability,
Ioss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out
of any negligent action or omission, tortious actions, or civil rights violations under State
or Federal law of the COUNTY, its officers, agents, and employees, or any of them
related to the services provided under this Agreement. In the event that any suit based
City of .. Interlocal Agreement for Jail services Page g of 21
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ITEM CA-10
upon such a claim, action, loss, or damage is brought against the CITY, the COUNTY
shall defend the same at its sole cost and expense; provided, that, the CITY retains the
right to participate in said suit if any principle of governmental or public law is involved;
and if final judgment be rendered against the CITY and its officers, agents, and
employees, or any of them, or jointly against the CITY and the COUNTY and their
respective officers, agents, and employees, or any of them, the COUNTY shall satisfy the
same.
B. The CITY shall indemnify and hold harmless the COUNTY and its officers,
agents, and employees, or any of them, from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out
of any negligent act or omission, tortious actions, or civil rights violations under State or
Federal law of the CITY, its officers, agents, and employees, or any of them related to the
arrest or confinement of a CITY Inmate. In the event that any suit based upon such a
claim, action, loss, or damage is brought against the COUNTY, the CITY shall defend
the same at its sole cost and expense; provided that the COUNTY retains the right to
participate in said suit if any principle of governmental or public laws is involved; and if
final judgment be rendered against the COUNTY, and its officers, agents, and employees,
or any of them, or jointly against the COUNTY and the CITY and their respective
officers, agents, and employees, or any of them, the CITY shall satisfy the same.
C. In the event of the concurrent negligence, tortious action, or civil rights violations
of the parties, the COUNTY's and the CITY's obligations hereunder shall apply to the
percentage of fault attributable to the COUNTY and CITY or the COUNTY's and
CITY's agents, employees, or officials respectively.
D. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each party's indemnity under Washington's Industrial Insurance act, Title 51
RCW, as respects the other party only, and only to the extent necessary to provide a full
and complete indemnity of claims made by the parties' employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
E. In executing this agreement, the COUNTY does not assume liability or
responsibility for or in any way release the CITY from any liability or responsibility,
which arises in whole or in part from the existence or effect of the CITY Municipal Code,
rulerules, or regulations. If any cause, claim, suit, action, or administrative proceeding is
commenced in which the enforceability and/or validity of any such CITY Municipal
Code, rule or regulation is at issue, the CITY shall defend the same at its sole expense
and if judgment is entered or damages are awarded against the CITY, the COUNTY, or
both, the CITY shall satisfy the same, including all chargeable costs and attorney's fees.
F. The terms of Section 13 shall survive the termination or expiration of this
Agreement.
City of.. Interlocal Agreement for Jail Services Page 10 of 21
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ITEM CA-10
Section 14 Non -waiver of Rights
Except as provided in subsections 13(D), er 13(F), no waiver of any right under
this Agreement shall be effective unless made in writing by the authorized representative of the
1 party to be bound thereby. Failure to insist upon full performance e€on any one or several
occasions does not constitute consent to, or waiver of, any later non-performance nor does
payment of a billing or continued performance after notice of a deficiency in performance
constitute an acquiescence thereto. The parties are entitled to all remedies in law or equity.
Section 15 No Creation of or Expansion of Duty to Supervise- No Partnership or Joint
Venture
A. Nothing in this Agreement shall be construed as creating, modifying, or
expanding any duty on the part of the COUNTY. By agreeing to provide the Gofammfk,
G^--eo'ea- Preg ms ail services described herein to the CITY, the COUNTY is not
agreeing to any supervision of CITY inmates except as specifically provided herein.
Nothing in this Agreement shall be interpreted as a delegation by the CITY, the CITY
Municipal Court, or the CITY Municipal Court's probation department to the COUNTY of
its duty of supervision.
B. Nothing in this Agreement shall be construed to render the parties partners or
joint perwrewenturers.
Section 16 Modification / Amendment
A. All provisions of this Agreement may be modified and amended with the mutual
written consent of the parties. This Agreement may not be modified orally. Modification
must be accomplished with the same formalities as are required for execution of this
agFeem --rAA_greement.
B. The CITY and COUNTY may elect, by mutual agreement, to reepmre-open
negotiations for the express purpose of changing the CITY's agreed upon maximum
allowable 4mnatee-population level in the following calendar year. If the CITY and
COUNTY are not able to come to an agreement on a change in the agreed upon sumb
eg inmate-dgysmaximum allowable population level, the current year's agreed upon
number of ate aN rmaximum allowable population Jeve1 shall remain the same in the
following year.
C. In the event of a change in State law or a ruling from a precedent setting court that
significantly impacts the incarceration of CITY Inmates, the COUNTY and the CITY
may feepertr_,2en negotiations to amend the agreed upon . • ab _ -` i.....
.-
4}smaximum allowable 2opulation level used in the current year and following year.
C�virr�
City of.. Interlocal Agreement far Jail Services Page 11 of 21
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Section 17 Legal Requirements. Both parties shall comply with all applicable federal, state
and local laws in performing this Agreement.
The CITY shall comply with the Snohomish County Human Rights Ordinance. Chapter 2.460
SCC. which is incorporated herein by this reference. Execution of this contract constitutes a
certification by the CITY of its compliance with the reguirements of ChWter 2,460 SCC If the
CITY is found to have violated this provision, or furnished false or misleading information in an
invesdge,ijon or proceeding conducted pursuant to Chanter 2.460 SCC, this Agreement may be
subiect to a declaration of default and termination at the COUNTY'g discretion. This provision
shall not affect the CITY's obligations under other federal, state. or local laws against
discrimination.
Section 18 Notices
A. All notices required by this Agreement to be given to the COUNTY shall be made
in writing and personally delivered or sent by certified mail to the Bureau Chief.
B. All notices required by this Agreement to be given to the CITY shall be made in
writing and personally delivered or sent by certified mail to the City Manager/Mayor of
the CITY or his/her designee.
desipee shall be the administfateF eg this
Section 4419 Entire Agreement
A. This Agreement represents the entire understanding of the parties and supersedes
any oral representations that are inconsistent with or modify its terms and conditions.
B. Nothing in this Agreement shall limit the ability of the COUNTY to contract with
other entities at different rates or terms.
Section-1-t}20 Force Majeure
In the event either party's performance of any of the provisions of this Agreement
become impossible due to Force Majeure, that party will be excused from performing such
obligations until such time as the Force Majeure event has ended and all facilities and operations
have been repaired and/or restored.
Section 2021 Severability
If any provision of this Agreement is found to be invalid or contrary to law, the
remainder of this Agreement shall not be affected thereby.
City of .. Interlocal Agreement for Jail Services Page 12 of
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ITEM CA-10
I Section 4422 filing
Pursuant to Chapter 39.34 RCW, a copy of this Agreement as fully executed shall be
filed by the COUNTY with the County Auditor and by the CITY with the City Clerk.
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement
by subscribing their names as follows:
SNOHOMISH COUNTY
Aaron Reardon Date
Date
COUNTY EXECUTIVE
ATTEST:
Date
Date
APPROVED AS TO FORM ONLY:
CITY OF 91I9RF6P4BMEDINA
... Print Name:
MAYOR / CITY MANAGER
APPROVED AS TO FORM:
... Print Name:
CITY ATTORNEY
City of.. Interlocal Agreement for Jail Services Page 13 of 21
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Deluty Prosecuting 4ttoma Date
City ofServices Page 14Sf 21
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ATTACHMENT A
PROPORTIONATE BILLING
Each day the COUNTY shall examine the open charges for each active booking and
apply uniform rules for determining billable charges and identifying the billable agencies.
The procedure for selecting the billable charges and responsible agencies is outlined
below. The program proceeds in sequence through the series of steps only as far as needed to
isolate a billable charge and determine the agency responsible for payment.
1. Select all felony charges. If there is more than one, go to Rule #2. If there is a felony but
no State DOC hold, do not bill. If there are no felony charges, go to Rule 45.
2. Select the Arresting Agency DOC-Parole-Olympia. If there is no other arresting agency
charges, determine if charge is State DOC and bill accordingly.
3. If there is a State DOC hold and additional local charges (Snohomish County or
contracting cities; felony, misdemeanor, or gross misdemeanor) do not bill.
4. If there is a State DOC hold and non —local additional charges (from other county and
municipal agencies not contracting services with Snohomish County), bill State DOC.
5. Select all open misdemeanor charges. Bill the arresting agency. If there are open charges
with more than one contract agency, go to Rule #6.
6. If there are open misdemeanor charges with multiple contract agencies, bill each agency
in equal portion (e.g., two agencies 50150). If an agency has multiple open misdemeanor
charges, the agency is only billed as one element of the proportional booking process,
equal to all others with open misdemeanor charges.
Example: If municipal agency A has one open misdemeanor and municipal agency
B has two open misdemeanor charges at the same time, each agency is billed for
50% of the day.
7. When an agency's charge is closed, that agency drops from the proportional billing
process. The proportional billing is recalculated without that agency.
Example: Municipal agency A has one open misdemeanor and municipal agency B
has an open misdemeanor charge. Municipal agency B's charge is closed. Agency A
is billed for 100% from then on.
8. When there is a Snohomish County misdemeanor charge and contract agency
misdemeanor charge, the County is billed its proportional share.
city of Medina Interlocal Agreement for Jail Services Pane 15gL21
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ITEM CA-10
1B#H BI-TATTACHMENT B
FIRST APPEARANCE VIDEO COURT HEARINGS
Section 1 Definitions
The term "Video Court" shall include, by way of example but not by way of limitation,
the following types of services: use of County video camera(s), audio technology, and the video
courtroom facility, the scheduling of inmates for video court, the moving of inmates to and from
video court, the processing of court paperwork, and the faxing of court paperwork to and from
the City's municipal court for signatures.
ecti n 2 Use of Video Court
The COUNTY will provide use of their video courtroom to the CITY at a mutually
agreed upon schedule and time. The County's video court operates Monday through Friday, and
the initially agreed upon reserved time slot for CITY use of the video court is 14:30 to 16:00
daily-_ The reserved time slot may be changed by tea{ -agreement of -the r^T�r and
QTparties.
Section 3 Video Court Fee
A. The CITY agrees to pay one hundred twenty-five dollars ($125.00) per hour for
use of Video Court. The hourly rate shall be rounded to the nearest 15 minute interval.
If the use of the Video Court is eight (S) minutes or less, the time interval shall round
down, if the use is greater than eight (8) minutes, the interval shall round up.
B. The COUNTY will bill the CITY for Video Court services rendered each month
by adding a separate column to the CITY's invoice labeled "Video Court".
Section 4 Video Court Operations
— A Video court operations between the COUNTY and the King County District
Court shall be governed by a set of standard operating procedures to be developed jointly
between the COUNTY, the CITY, and the King County District Court.
Section-5 Transportation to First Appearance Hearings In Lieu of Video Court
A. In the event of a technical problem with video court that the COUNTY or CITY is
unable to repair in a timely manner, the COUNTY agrees to transport City inmates to the
appropriate court for first appearance before a judge.
City of Medina Interleral Agreement for Jail Services Page 16 of 21
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ITEM CA-10
B. Due to non -operation of video court on Saturdays, the COUNTY also agrees to
transport CITY inmates on Saturdays to the appropriate Court as determined by the
CITY at the proper time for the CITY's first appearance calendar in that Court.
C. Transport services as described in this °^^''^- ^``"'^ L:L""ttachment B will
be paid for by the CITY at a rate of seventy-five dollars ($75.00) per hour. If however
inmate transports to the City's municipal court for first appearance hearings need to be
accomplished by two custody deputies instead of one, the City will be billed at a rate of
eheone hundred twenty-five ($125.00) per hour. The hourly rate, regardless of the dollar
amount, shall be rounded to the nearest fifteen (15) minute interval. If the time is eight
(8) minutes or less, the time interval shall round back; if the time is greater than eight (8)
minutes, the interval shall round forward. Time shall be calculated from the time the
transport leaves the COUNTY jail sallie port until the time the transport returns to the
COUNTY jail sallie port. In all cases the COUNTY will have the sole responsibility to
determine the number of custody deputies needed to complete the transport.
D. The COUNTY will bill the City for first appearance hearing transport services
rendered each month by adding a separate column to the CITY's invoice labeled "First
Appearance Hearing Transport"—."
Ca1y of Madins Interleral Agreement for Jail Services Pane 17 of 21
Z010 - 2016
ITEM CA-10
lEIBI-TFATTACHMENT C
COMMUNITY CORRECTIONS OPTIONS
Section 1 Definitions
A. "Community Corrections Programs" means alternative sentencing programs
offered by the COUNTY to the CITY pursuant to this Agreement, including Electronic
Home Detention with Lie,.iFef.:.. Rome 1G enit,-ftg, Work Education Release, and Work
Crews. The Community Corrections Programs are more fully defined and described in
Section 2 of this Exhibit. "Community Corrections Program" or "Program" means any
one of the Community Corrections Programs.
B. "Electronic Home Detention" or '-EHD" means th t '---Ewmnanity GefFeai^n
he ability of this &ihibit.
i� bem-een the GITYa qualified inmate to serve their sentence at home while
—r
maintaining their emnloymen and residence. EHD is
accomplished through a number of sefviees t the !BOUNTY `^''devices including, a
traditional radio frequency device, global positioning system, and an in -home alcohol
monitoring. EHD includes in -home alcohol monitoring via a testing machine located at
the offender's residence.
GG " G AIG 1 d. > that Ge
{3:C_ Work Crew i1} C�lsbsd;--er:---+.•o—,r} E�ste�..= "^;y
PFeffaffl d -x d ia SeGtien 3(A) of this Bxhibi ' means in -custody work
crews that leave the facility to complete work at the direction of corrections personnel.
The work maY include but is not limited to road -side clean up, salmon habitat restoration,
cleaning. and other manual labor iobs.
E. GOAler-iE Grew Out of Gustedy=er Gcxxrn Out of Gistedy"
F.
Gu5tedy,
G. ce Release" eG
D. "Work Release" means the ability of a qualified inmate to serve his sentence at
the Work Release facility but leave the facility to attend the inmate's job and then return
to the facility when not at work.
Section 2ese
City of Medina Interlocai Agreement for Jail Services Pane 1 B.gf_21
2010-2016
ITEM CA-10
- �Trl7�\Yi►
�.
a. rilectpeaie 14e a DeteHt;
b—War-10ESZ^pRCFvi Dericale s•"cc3ej;;d-
e. We k Grew In Qis,tedy-
^�eeiier3 3 Eligibility and Acceptance into Community Corrections Programs
CITY inmates held in the custody of the COUNTY may serve their time in a Community
Corrections Program if Program services are available and if all of the following requirements
are met:
a --A. The CITY Inmate has been pi:ese%edscreened by the COUNTY
#sand the
tea:..ement ... thee r•�,. .,.,, r.,;l_ .,.i,,.... ».............. ...
T:te COUNTY has found that the CITY Inmate meets all statutory and Program
Eligibility Requirements; and
B. The CITY Inmate has been ordered into the Program by the CITY's Municipal
Court.
Section 3 Transfers of CITY Inmates #et held in the easterly of the GO n" TIV may t"eif tifne ;_ ^ into the Community Corrections Prog am
a+e met.
9. A aa;tien^ll.,,iffhe COUNTY will transfer a CITY Inmate
seekoe ....,..t 9efinefaeet^ t"^ meeting the e19. 'ability requirements set forth in Section
32(A) of this Exhibit the GITV t« __^te y be elas^_F,ed as a ______..._____ ____r- ty _ __idenl•
A7C !'�9)( himate teneed the...,.:^e .deFed
. ix—u�rrr-rrm�acc—i5-3cFr�ccrcca—vi--oascrn-ruv—vrcceco iixiera—AttaG ment into the
Community Corrections Program effective on the date arced to by a- sews eF
eew:t9the CITY and the COUNTY.
B. A person not in the County's custody may be transferred to the Program by the CITY
if the person is then in CITY custody or (2) by the person reportingfor or commitment
presenting himself or herself to the COUNTY in either case on the date, time. and
place agreed to by the CITY and the COUNTY.
City of Medina Interboal Aoreement for Jail sen&es Pane 18_gf 21
2019-2076
ITEM CA-10
Section 4 Fees
The Work Release Daily Fee and the Work Crew Daily Fee shall be forty-two dollars
($42) per day for each housing day which are in lieu of the Daily Maintenance Fee required
under the Section 9(A) of the Interlocal Am-mment for Jail Services The EHD Daily Fee, which
is also in lieu of the Daily Maintenance Fee, shall be sixteen dollars ($16) ner day.
If a CITY Inmate is participating in a Community Correctlons Program on charges from
multiple jurisdictions, the CITY will be billed for its fractional share (based on the number of
jurisdictions) of the Program charges, PROVIDED, HOWEVER, that the COUNTY may refuse
Program admission for a CITY Inmate if any of those multiple jurisdictions (other than the
COUNTY) have not entered into an agreement in substantially the same form as this Agreement.
For purposes of this subsection, the COUNTY will be considered the financially responsible
jurisdiction for all State agency -filed misdemeanor and gross misdemeanor charges.
. .. ... .. ... _ • 1,
Section 5 Termination of CITY Inmate from Community Corrections Program
A. Once a CITY inmate is taken into a Community Corrections Program, the inmate
shall remain in the Program for the remainder of his or her term of confinement, unless:
1. The CITY Municipal Court orders the CITY imnat terminated from the
Program or otherwise amends its earlier order;
2_The CITY i*m4eLnmate is no longer eligible for, and is terminated by the
COUNTY from-, the Program. The termination decision shall be made by the
COUNTY, in its sole discretion; and is not subject to review. An inmate who was
previously found to be eligible may be found ineligible to continue in a Program
either (1) because of actions by the inmate while within the Program (including
but not limited to violation of rules established by the COUNTY or a new
City of Med a lnterloeal Agreement for ,fail Services Page 20 oi21
2010 - 2016
ITEM CA-10
criminal conviction) or (2) due to newly discovered information which, if known
to the COUNTY during initial screening, would have rendered the inmate
ineligible on either statutory or Program grounds.
B. A CITY Inmate who is terminated by the COUNTY from a Program shall
1. If then in the physical presence or custody of the COUNTY by virtue of his or
her participation in a Program, be taken into custody by the COUNTY and
transported to the COUNTY Jail to serve the remainder or his or her term of
confinement; or
2_If not then in the physical presence or custody of the COUNTY by virtue of his
or her participation in a Program, become the immediate responsibility of the
CITY for all purposes including, but not limited to, duty to apprehend
C. If the participation of a CITY Inmate in a Community Corrections Program is
terminated by the COUNTY pursuant to Section 5(A)(bZ) of this E< attachment. the
COUNTY shall notify the CITY and the CITY Municipal Court in writing within twenty-
four (24) hours following the termination. Upon termination; the CITY shall be
responsible for notifying the CITY Municipal Court and, if appropriate, seeking revision
of the CITY Municipal Court's order. The COUNTY will contact the CITY .Law
Enforcement agency to notify them of the violation.
D. In the event that a CITY Inmate is terminated from a Community Corrections
Program and is transferred to the COUNTY Jail pursuant to Section 5(13)(al) of this
Exhibit, the CITY shall be billed for the day in which the transfer occurs pursuant to
ItsSection 9 of the Interlocal Agreement for Jail Services
t#tis Agreement.
E. In the event that the CITY inmate is terminated from a Community Corrections
Program on a day in which he or she has not received services pursuant to this
Agreement, the COUNTY shall not bill the CITY for that day.
F. In addition to fees charged to the CITY pursuant to this Agreement, the COUNTY
may also charge CITY Inmates directly for daily monitoring costs (as noted in the vendor
contract) associated with their participation in a Program, i.e., for EHD and if applicable
work release charges, at the same rate and under the same circumstances as COUNTY
inmates are charged.
City of Medina lnterioeai Aareement for Jail Services Papa 212f 21
2010 - 2916
ITEM CA-10
INTERLOCAL AGREEMENT FOR JAIL SERVICES
THIS AGREEMENT is entered into by and between SNOHOMISH COUNTY, a
political subdivision of the State of Washington (hereinafter COUNTY) and the City of Medina,
a municipal corporation of the State of Washington (hereinafter CITY).
NOW, THEREFORE, in accordance with the Interlocal Cooperation Act (Chapter 39.34
RCW) and the City and County Jails Act (Chapter 70.48 RCW), the COUNTY and CITY hereby
agree as follows:
Section 1 Definitions
A. The term "Book" means the act of registering, screening, and examining inmates
for confinement in the Jail; inventorying and safekeeping inmates' personal property;
maintaining all computerized records of arrest; performing warrant checks; and all other
activities associated with processing an inmate for confinement.
B. The term "Bureau Chief' means the Corrections Bureau Chief, Snohomish
County Sheriff's Office.
C. The term "Business Day" means Monday through Friday, 8:00 a.m. until 5:00
p.m., excluding COUNTY recognized holidays.
D. The term "Cities" means collectively all cities that have executed Interlocal
Agreements for Jail Services with the COUNTY in substantially the same form as this
Agreement.
E. The term "CITY Inmate" paeans a person Booked or housed in the Jail for whom
the CITY is a billable agency under the terms set forth in this Agreement.
F. The term "CITY Municipal Code" means the Municipal Code of the City of
Medina.
G. The term "CITY Municipal Court" means the Court of Limited Jurisdiction
charged with hearing violations of the CITY Municipal Code, including any division of
the COUNTY District Court acting for the CITY via a service contract.
H. The term "COUNTY Inmate" means any person Booked or housed in the Jail
who is not a CITY Inmate.
I. The terra "fit for Jail" means that an arrested person is medically able to be
housed in jail and does not need medical attention that would require treatment at a
hospital or other type of medical facility.
City of Medina Interlocal Agreement for Jail Services Page 1 of 18
2010 - 2016
ITEM CA-10
J. The term "Force Majeure" means war, civil unrest, and any natural event outside
of the party's reasonable control, including fire, storm, flood, earthquake, or other act of
nature.
K. The term "Jail" means a COUNTY operated facility primarily designed, staffed,
and used for the housing of adults charged or convicted of a criminal offense; for the
punishment, correction, and rehabilitation of offenders convicted of a criminal offense; or
for confinement during a criminal investigation or for civil detention to enforce a court
order. Upon the date of the execution of this Agreement, Jail includes the Snohomish
County Main. Jail and all Community Corrections Programs for which CITY Inmates may
be eligible pursuant to this Agreement.
L. The term "maximum allowable population level" means the greatest allowable
number of CITY Inmates that can be held in the Jail in a safe, secure, and humane
manner as stated in Section 5(B). The maximum allowable population level shall be
determined solely by the Sheriff or his/her designee.
Section 2 PgWose
Under the authority of Chapter 70.48 RCW, the COUNTY maintains a Jail. The CITY
from time -to -time desires to confine CITY Inmates in the Jail. In return for payment as specified
in Section 9, the COUNTY agrees to furnish its facilities and personnel for confinement of CITY
Inmates based on the rules and conditions set forth in this Agreement and any attachments
hereto.
Section 3 Term
This Agreement shall be in effect from the date of mutual signature and shall continue in
effect until December 31, 2016, or until terminated by either party in accordance with Section 4,
PROVIDED that the COUNTY'S obligations are contingent upon local legislative appropriation
of necessary fands for the purpose of funding this Agreement in accordance with applicable laws
and the Snohomish County Charter.
Section 4 Termination
This Agreement may be terminated by either party for any reason at any time prior to its
expiration upon ninety (90) calendar days, prior written notice provided pursuant to Section 17
hereof. The notice shall state the specific plans for accommodation of the affected jail
population.
Section 5 Population Level Limitation
A. In the event that the cumulative maximum allowable population level is reached
by all cities housing inmates at the Jail, inmates who are confined on Snohomish County
City of Medina Interlocal Agreement for Jail Services Page 2 of 18
2010 - 2016
ITEM CA-10
charges or commitments will have first priority for continued incarceration. In the event
the COUNTY determines that CITY Inmates must be removed from the Jail, in order to
maintain the Jail's cumulative maximum allowable population level, out -of -county CITY
Inmates shall be the first inmates removed from. the Jail. Out -of -county CITY Inmates
will be removed in the reverse order that the interlocai agreements for jail services were
entered into between the COUNTY and the out -of -county cities. Every effort will be
made to manage the average daily population (ADP), including booking restrictions as a
method to lower the ADP. The Bureau Chief shall have final authority on ADP reduction
measures and will provide at least thirty (30) days' notice to the CITY to remove its
inmates.
B. The maximum allowable population level for the CITY is ten (10) inmates per
day, unless otherwise specified by the Bureau Chief
Section 6 Placing CITY Inmates in Jail by Law Enforcement Personnel
Subject to the following conditions stated herein, and the constraints listed in Section 5,
the COUNTY will accept arrested persons delivered to the Jail for confinement, including
persons arrested for, or convicted of, violations of the CITY Municipal Code and will hold them
until such time as they are lawfilly discharged from custody pursuant to law, or returned to the
custody of the CITY:
A. The CITY law enforcement personnel will follow all Jail procedures when
presenting arrested persons for Booking.
B. The Jail will not receive a person into custody until the law enforcement
personnel having custody of the person provides the Jail with proper documentation of
the Jail's legal basis to hold the person in custody. Proper documentation will consist of
either an arrest warrant, the order of a court of competent jurisdiction, or a properly
completed Notice of Arrest on the form provided by the court into which the person is
being cited.
C. The Jail will not receive a person into custody until the Jail has medically cleared
the person as "fit for Jail."
D. CITY Inmates shall be billable to the CITY when:
1. The CITY inmate is being held on violation of a misdemeanor or gross
misdemeanor, on a warrant or court order issued by the CITY'S Municipal Court;
and
2. The inmate is not being held on any active COUNTY felony charge; and
3. The inmate is not a Federal Inmate who can be removed by the Federal agency
City of Medina Interlocal Agreement for Jail Services Page 3 of 18
2010 - 2016
ITEM CA-10
without regard to local charges; or when
4. The CITY Inmate is being held on violation of a misdemeanor or gross
misdemeanor, on a warrant or court order issued by the CITY' S Municipal Court
and the inmate is also being held by the State for violation of the Offender
Accountability Act and the CITY will not allow the State to move the inmate.
E. CITY Inmates shall not be billable to the CITY when:
1. The CITY Inmate receives a personal recognizance release, posts bail, or
finishes serving a sentence on that charge;
2. The charge against the CITY Inmate is either dismissed, not filed, or
otherwise withdrawn;
3. Charges, other than the CITY charges, that require the CITY Inmate's
custody in Jail remain unsatisfied.
Section 7 Walk In Commitments
Subject to the following conditions, and the constraints listed in Section 5, the COUNTY
will accept persons sentenced to a term of confinement to Jail by a CITY Municipal Court,
including persons convicted of violations of the CITY Municipal Code and will hold them until
such time as they are lawfully discharged from custody pursuant to law and the terms of the
judicial Order of Commitment, or returned to the custody of the CITY:
A. A person reporting for commitment will not be accepted for Booking until the
COUNTY receives a valid judicial Order of Commitment from the CITY Municipal
Court and the Jail has medically cleared the person reporting for commitment as "fit for
Jail."
B. A person reporting for commitment will not be considered a CITY Inmate for the
purposes of this Agreement until the person is accepted for Booking. In the event that a
person reporting for commitment is not accepted for Booking, the Jail will notify the
CITY Municipal Court of the person's non -acceptance and the reason for the non-
acceptance. Notification will occur on the same day if the non -acceptance occurs during
a Business Day or on the following Business Day if the non -acceptance occurs after the
end of a Business Day.
Section 8 Rules Relating to Inmates in Custodv
A. Persons convicted of violations of the CITY Municipal Code may earn early
release time of up to one-third (1/3) of the total sentence as authorized by Chapter 9.94A
RCW.
City of Medina Interlocal Agreement for Jail Services Page 4 of 18
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ITEM CA-10
B. Investigators directed by the CITY attorney or CITY police officers will have the
right to interview CITY imrnates inside the confines of the Jail, subject to necessary
operational and security rules. Interview rooms will be made available on an equivalent
basis to all jurisdictions with inmates in the Jail.
C. CITY Inmates will be subject to all applicable rules of the Jail, including any
emergency security rules imposed by the Bureau Chief. It is expressly agreed by the
CITY that visitation and telephone privileges of CITY inmates, if any, will be the same
as COUNTY inmates and subject to applicable requirements of law.
D. The Jail will be administered by the COUNTY in accordance with the rules,
regulations, and ordinances of the COUNTY and in accordance with the rules and
regulations of any agency of the State of Washington empowered to make rules
governing the administration of COUNTY jails.
E. CITY Inmates may participate in Community Corrections Programs as detailed in
Attachment C.
Section 9 Fees
A. The CITY will pay the COUNTY fees for services as follows:
1. Booking Fee: A fee shall be assessed for the Booking of CITY Inmates by or
on behalf of the CITY into the Jail. It is the only fee charged for inmates released
within four (4) hours of Booking intolhe Jail.
2. Daily Maintenance Fee: A daily maintenance fee shall be assessed for each
calendar day that a CITY Inmate is housed in the Jail. This fee shall not be
charged for inmates released within four (4) hours of Booking.
B. The 2011 rates for the Booking and Daily Maintenance Fees shall be ninety
dollars ($90) per Booking and sixty-two dollars and fifty cents ($62.50) per day for each
housing day.
C. The 2011 rates outlined in Section 9(B) will increase each calendar year during
the term of this Agreement by a rate equal to ninety percent (90%) of the Bureau of
Labor Statistics Consumer Price Index (Urban Wage Earners) for the Seattle -Tacoma -
Bremerton area, measured from June of the prior year to June of the current year. In no
event shall the increase be greater than three percent (3%) per calendar year.
D. The billing process calculates booking and daily innate charges using
proportional methodology. The process for proportional billing is described in
Attachment A, and hereby incorporated by reference. If multiple jurisdictions have an
City of Medina Interlocal Agreement for Jail Services Page 5 of 1$
2010 - 2016
ITEM CA-10
open misdemeanor charge on an individual, the jurisdictions will share the cost as long as
an open charge persists for that agency. A contract agency is billed for booking an
individual for its misdemeanor charge or charges. If there are open charges with more
than one contract agency, each agency will be billed in equal portions. The same process
applies for determining the daily billing. When a contracting agency's charge is closed,
that agency drops from the proportional billing process. The proportional billing is
recalculated without that agency. If an agency has multiple open misdemeanor charges,
the agency is only billed as one element of the proportional booking process, equal to all
others with open misdemeanor charges. Additionally, there will be no partial days billed.
The billing process looks at who is billable to whom each day and bills accordingly.
E. In July each year, the COUNTY will provide the CITY with rates for the
following year by notice to the CITY, as provided in Section 17. The new fees will go
into effect with the January billing of the following year.
F. Costs incurred for necessary medical services to CITY Inmates beyond routine
medical examinations, tests, procedures, and prescriptions will be borne by the CITY in
addition to the basic rates set out in Section 9(B). If the inmate suffers an injury while in
the custody of the Jail, the COUNTY will bear all expenses not covered by the inmate's
health insurance and/or public assistance. The Custody or Medical Supervisor(s) on duty
in the Jail is hereby granted the authority to seek necessary medical services for CITY
Inmates without consulting with CITY officials; PROVIDED, that when it appears that a
CITY Inmate will incur unusual or substantial medical expenses due to illness, the
COUNTY shall notify the CITY prior to seeking treatment, unless immediate treatment is
required. If the Jail medical staff order immediate treatment, the COUNTY will notify
the CITY as soon after the event as reasonably possible. The CITY and the COUNTY
will comply with the requirements of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) and Snohomish County policies and procedures regarding HIPAA.
The COUNTY will credit amounts received from the inmate's own health insurance and
applicable public assistance before billing the CITY.
Section 14 First Appearance Video Court Hearings
Operation and fees associated with the CITY's use of the COUNTY's "Video Court" are
described in Attachment B, attached hereto and hereby incorporated by this reference.
Section 11 Transport
A. The CITY agrees to be responsible for inmate transportation to and from the Jail
for Court, except as identified in Attachment B, First Appearance Video Court Hearings,
or as otherwise agreed by separate written agreement of the parties.
B. The COUNTY will provide transportation and guarding of CITY Inmates to and
from medical facilities when the Jail Medical Supervisor has determined that such
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treatment is necessary under Section 9(F). The CITY will furnish all other transportation
of CITY Inmates unless otherwise agreed by separate written agreement of the parties.
Section 12 Method of Payment & Billing Dispute Resolution Procedure
A. The COUNTY shall transmit billings to the CITY monthly. Within thirty (30)
days after receipt, the CITY shall pay the full amount billed.
B. Payments from the CITY shall clearly indicate that the payment is for Jail
services and the period covered by the payment.
C. If the CITY disputes amounts billed, it has thirty (30) days following receipt of
billing to notify the COUNTY of any alleged discrepancies calculating the amount the
CITY owes the COUNTY. The CITY will provide the COUNTY with documentation
for all alleged discrepancies. The COUNTY will respond to any alleged discrepancies
within fifteen (15) working days of receipt of documentation. Credits for resolved
discrepancies will be reflected on next billing cycle. The COUNTY will notify the CITY
of all unresolved discrepancies.
D. Withholding of any amount billed or alleging that any party is in violation of any
provision of this Agreement shall constitute a dispute, which shall be resolved as follows:
i. The Bureau Chief and CITY Police Chief or their designees shall attempt
to resolve the dispute by negotiation. If such negotiation is unsuccessful, the
dispute shall be appealed to the City Manager/Mayor of the CITY and the
COUNTY Executive for settlement. If not resolved within thirty (30) days of
referral, the City Manager/Mayor of the CITY and the COUNTY Executive may
by mutual written consent 1) apply to the Presiding Judge of the Snohomish
County Superior Court for appointment of an arbitrator whose decision shall be
final and binding on both parties, OR 2) may invoke the procedures set out in
RCW 39.34.180 (3) for binding arbitration. Each party shall pay one-half of any
arbitration fees.
2. Any amount withheld from a billing, which is determined to be owed to
the COUNTY pursuant to the dispute resolution procedure described herein, shall
be paid by the CITY within thirty (30) days of the date of the negotiated
resolution or arbitration determination.
3. Any undisputed billing amount not paid by the CITY within forty-five
(45) days of receipt of the billing, and any amounts found to be owing to the
COUNTY as a result of the billing dispute resolution procedure that are not paid
within thirty (30) days of resolution, shall be conclusively established as a lawful
debt owed to the COUNTY by the CITY, shall be binding on the parties and shall
not be subject to legal question either directly or collaterally. This provision shall
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not limit a CITY's ability to challenge or dispute any billings that have been paid
by the CITY.
4. If the CITY fails to pay a billing within forty-five (45) days of receipt, the
COUNTY will notify the CITY of its failure to pay and the CITY shall have ten
(10) days to cure non-payment. In the event the CITY fails to cure its non-
payment, the CITY shall be deemed to have waived its right to house CITY
Inmates in the Jail and, at the COUNTY's request, will remove all CITY Inmates
already housed in the Jail within thirty (30) days. Thereafter, the COUNTY, at its
sole discretion, will accept no further CITY Inmates until all outstanding bills are
paid.
G. The COUNTY may charge an interest rate equal to the interest rate on the
monthly COUNTY investment earnings on any undisputed billing amount not paid by the
CITY within forty-five (45) days of receipt of the billing, and any amounts found to be
owing to the COUNTY as a result of the billing dispute resolution procedure.
H. Each party many examine the other's books and records to verify charges. If an
examination reveals an improper charge, the next billing statement will be adjusted
appropriately.
Section 13 Indemnification
A. The COUNTY shall indemnify and hold harmless the CITY and its officers,
agents, and employees, or any of them, from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out
of any negligent action or omission, tortious actions, or civil rights violations under State
or Federal law of the COUNTY, its officers, agents, and employees, or any of them
related to the services provided under this Agreement. In the event that any suit based
upon such a claim, action, loss, or damage is brought against the CITY, the COUNTY
shall defend the same at its sole cost and expense; provided, that, the CITY retains the
right to participate in said suit if any principle of governmental or public law is involved;
and if final judgment be rendered against the CITY and its officers, agents, and
employees, or any of them, or jointly against the CITY and the COUNTY and their
respective officers, agents, and employees, or any of them, the COUNTY shall satisfy the
same.
B. The CITY shall indemnify and hold harmless the COUNTY and its officers,
agents, and employees, or any of them, from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out
of any negligent act or omission, tortious actions, or civil rights violations under State or
Federal law of the CITY, its officers, agents, and employees, or any of them related to the
arrest or confinement of a CITY Inmate. In the event that any suit based upon such a
claim, action, loss, or damage is brought against the COUNTY, the CITY shall defend
City of Medina Interlocal Agreement for Jail Services Page 8 of 18
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the same at its sole cost and expense; provided that the COUNTY retains the right to
participate in said suit if any principle of governmental or public laws is involved; and if
final judgment be rendered against the COUNTY, and its officers, agents, and employees,
or any of them, or jointly against the COUNTY and the CITY and their respective
officers, agents, and employees, or any of them, the CITY shall satisfy the same.
C. In the event of the concurrent negligence, tortious action, or civil rights violations
of the parties, the COUNTY's and the CITY's obligations hereunder shall apply to the
percentage of fault attributable to the COUNTY and CITY or the COUNTY's and
CITY's agents, employees, or officials respectively.
D. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each party's indemnity under Washington's Industrial Insurance act, Title 51
RCW, as respects the other party only, and only to the extent necessary to provide a full
and complete indemnity of claims made by the parties' employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
E. In executing this agreement, the COUNTY does not assume liability or
responsibility for or in any way release the CITY from any liability or responsibility,
which arises in whole or in part from the existence or effect of the CITY Municipal Code,
rules, or regulations. If any cause, claim, suit, action, or administrative proceeding is
commenced in which the enforceability and/or validity of any such CITY Municipal
Code, rule or regulation is at issue, the CITY shall defend the same at its sole expense
and if judgment is entered or damages are awarded against the CITY, the COUNTY, or
both, the CITY shall satisfy the same, including all chargeable costs and attorney's fees.
F. The terms of Section 13 shall survive the termination or expiration of this
Agreement.
Section 14 Non -waiver of Rights
Except as provided in subsections 13(D), no waiver of any right under this Agreement
shall be effective unless made in writing by the authorized representative of the party to be
bound thereby. Failure to insist upon full performance on any one or several occasions does not
constitute consent to, or waiver of, any later non-performance nor does payment of a billing or
continued performance after notice of a deficiency in performance constitute an acquiescence
thereto. The parties are entitled to all remedies in law or equity.
Section 15 No Creation of or Expansion of Duty to Supervise; No Partnership or Joint
Venture
A. Nothing in this Agreement shall be construed as creating, modifying, or
expanding any duty on the part of the COUNTY. By agreeing to provide the Jail services
described herein to the CITY, the COUNTY is not agreeing to any supervision of CITY
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ITEM CA-10
inmates except as specifically provided herein. Nothing in this Agreement shall be
interpreted as a delegation by the CITY, the CITY Municipal Court, or the CITY
Municipal Court's probation department to the COUNTY of its duty of supervision.
B. Nothing in this Agreement shall be construed to render the parties partners or
joint venturers.
Section 16 Modification / Amendment
A. All provisions of this Agreement may be modified and amended with the mutual
written consent of the parties. This Agreement may not be modified orally. Modification
must be accomplished with the same formalities as are required for execution of this
Agreement.
B. The CITY and COUNTY may elect, by mutual agreement, to re -open
negotiations for the express purpose of changing the CITY's agreed upon maximum
allowable population level in the following calendar year. If the CITY and COUNTY are
not able to come to an agreement on a change in the agreed upon maximum allowable
population level, the current year's agreed upon maximum allowable population level
shall remain the same in the following year.
C. In the event of a change in State law or a ruling from a precedent setting court that
significantly impacts the incarceration of CITY Inmates, the COUNTY and the CITY
may re -open negotiations to amend the agreed upon maximum allowable population level
used in the current year and following year.
Section 17 Legal Requirements. Both parties shall comply with all applicable federal, state
and local laws in performing this Agreement.
The CITY shall comply with the Snohomish County Human Rights Ordinance, Chapter 2.460
SCC, which is incorporated herein by this reference. Execution of this contract constitutes a
certification by the CITY of its compliance with the requirements of Chapter 2.460 SCC. If the
CITY is found to have violated this provision, or furnished false or misleading information in an
investigation or proceeding conducted pursuant to Chapter 2.460 SCC, this Agreement may be
subject to a declaration of default and termination at the COUNTY's discretion. This provision
shall not affect the CITY's obligations under other federal, state, or local laws against
discrimination.
Section 18 Notices
A. All notices required by this Agreement to be given to the COUNTY shall be made
in writing and personally delivered or sent by certified mail to the Bureau Chief.
B. All notices required by this Agreement to be given to the CITY shall be made in
City of Medina lntedocal Agreement for Jail Services Page 10 of 18
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writing and personally delivered or sent by certified mail to the City Manager/Mayor of
the CITY or his/her designee.
Section 19 Entire Agreement
A. This Agreement represents the entire understanding of the parties and supersedes
any oral representations that are inconsistent with or modify its terms and conditions.
B. Nothing in this Agreement shall limit the ability of the COUNTY to contract with
other entities at different rates or terms.
Section 20 Force Maieure
In the event either party's performance of any of the provisions of this Agreement
become impossible due to Force Majeure, that party will be excused from performing such
obligations until such time as the Force Majeure event has ended and all facilities and operations
have been repaired and/or restored.
Section 21 Severability
If any provision of this Agreement is found to be invalid or contrary to law, the
remainder of this Agreement shall not be affected thereby.
Section 22 Fiiing
Pursuant to Chapter 39.34 RCW, a copy of this Agreement as fully executed shall be
filed by the COUNTY with the County Auditor and by the CITY with the City Clerk.
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement
by subscribing their names as follows:
SNOHOMISH COUNTY CITY OF MEDINA
Aaron Reardon Date Print Name: Date
COUNTY EXECUTIVE MAYOR / CITY MANAGER
ATTEST: APPROVED AS TO FORM:
Date Print Name: Date
CITY ATTORNEY
City of Medina Interlocal Agreement for Jail Services Page 11 of 18
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ITEM CA-10
APPROVED AS TO FORM ONLY:
Depu rot�g
Attorney Date
City of Medina Interlocal Agreement for Jail Services Page 12 of 18
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ITEM CA-10
ATTACHMENT A
PROPORTIONATE BILLING
Each day the COUNTY shall examine the open charges for each active booking and
apply uniform rules for determining billable charges and identifying the billable agencies.
The procedure for selecting the billable charges and responsible agencies is outlined
below. The program proceeds in sequence through the series of steps only as far as needed to
isolate a billable charge and determine the agency responsible for payment.
1. Select all felony charges. If there is more than one, go to Rule #2. If there is a felony but
no State DOC hold, do not bill. If there are no felony charges, go to Rule #5.
2. Select the Arresting Agency DOC-Parole-Olympia. If there is no other arresting agency
charges, determine if charge is State DOC and bill accordingly.
3. If there is a State DOC hold and additional local charges (Snohomish County or
contracting cities; felony, misdemeanor, or gross misdemeanor) do not bill.
4. If there is a State DOC hold and non -local additional charges (from other county and
municipal agencies not contracting services with Snohomish County), bill State DOC.
5. Select all open misdemeanor charges. Bill the arresting agency. If there are open charges
with more than one contract agency, go to Rule #6.
6. If there are open misdemeanor charges with multiple contract agencies, bill each agency
in equal portion (e.g., two agencies 50150). If an agency has multiple open misdemeanor
charges, the agency is only billed as one element of the proportional booking process,
equal to all others with open misdemeanor charges.
Example: If municipal agency A has one open misdemeanor and municipal agency
B has two open misdemeanor charges at the same time, each agency is billed for
50% of the day.
7. When an agency's charge is closed, that agency drops from the proportional billing
process. The proportional billing is recalculated without that agency.
Example: Municipal agency A has one open misdemeanor and municipal agency B
has an open misdemeanor charge. Municipal agency B's charge is closed. Agency A
is billed for 100% from then on.
8. When there is a Snohomish County misdemeanor charge and contract agency
misdemeanor charge, the County is billed its proportional share.
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ATTACHMENT B
FIRST APPEARANCE VIDEO COURT HEARINGS
Section 1 Definitions
The term "Video Court" shall include, by way of example but not by way of limitation,
the following types of services: use of County video camera(s), audio technology, and the video
courtroom facility, the scheduling of inmates for video court, the moving of inmates to and from
video court, the processing of court paperwork, and the faxing of court paperwork to and from
the City's municipal court for signatures.
Section 2 Use of Video Court
The COUNTY will provide use of their video courtroom to the CITY at a mutually
agreed upon schedule and time. The County's video court operates Monday through Friday, and
the initially agreed upon reserved time slot for CITY use of the video court is 14:30 to 16:00.
The reserved time slot may be changed by agreement of the parties.
Section 3 Video Court Fee
A. The CITY agrees to pay one hundred twenty-five dollars ($125,00) per hour for
use of Video Court. The hourly rate shall be rounded to the nearest 15 minute interval.
If the use of the Video Court is eight (8) minutes or less, the time interval shall round
down; if the use is greater than eight (8) minutes, the interval shall round up.
B. The COUNTY will bill the CITY for Video Court services rendered each month
by adding a separate column to the CITY's invoice labeled "Video Court".
Section 4 Video Court Operations
Video court operations between the COUNTY and the King County District Court shall
be governed by a set of standard operating procedures to be developed jointly between the
COUNTY, the CITY, and the King County District Court,
Section 5 Transportation to First Appearance Hearings In Lieu of Video Court
A. In the event of a technical problem with video court that the COUNTY or CITY is
unable to repair in a timely manner, the COUNTY agrees to transport City inmates to the
appropriate court for first appearance before a judge.
B. Due to non -operation of video court on Saturdays, the COUNTY also agrees to
transport CITY inmates on Saturdays to the appropriate Court as determined by the
CITY at the proper time for the CITY's first appearance calendar in that Court.
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C. Transport services as described in this Attachment B will be paid for by the CITY
at a rate of seventy-five dollars ($75.00) per hour. If however inmate transports to the
City's municipal court for first appearance hearings need to be accomplished by two
custody deputies instead of one, the City will be billed at a rate of one hundred twenty-
five ($.125.00) per hour. The hourly rate, regardless of the dollar amount, shall be
rounded to the nearest fifteen (15) minute interval. If the time is eight (8) minutes or less,
the time interval shall round back; if the time is greater than eight (8) minutes, the
interval shall round forward. Time shall be calculated from the time the transport leaves
the COUNTY jail sallie port until the time the transport returns to the COUNTY jail
sallie port. In all cases the COUNTY will have the sole responsibility to determine the
number of custody deputies needed to complete the transport. .
D. The COUNTY will bill the City for first appearance hearing transport services
rendered each month by adding a separate column to the CITY's invoice labeled "First
Appearance Hearing Transport."
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ITEM CA-10
ATTACHMENT C
COMMUNITY CORRECTIONS OPTIONS
Section 1 Definitions
A. "Community Corrections Programs" means alternative sentencing programs
offered by the COUNTY to the CITY pursuant to this Agreement, including Electronic
Home Detention, Work Education Release, and Work Crews. The Community
Corrections Programs are more fully defined and described in Section 2 of this Exhibit.
"Community Corrections Program" or "Program" means any one of the Community
Corrections Programs.
B. "Electronic Home Detention" or "EHD" means the ability of a qualified inmate
to serve their sentence at home while maintaining their employment and residence. EHD
is accomplished through a number of devices including, a traditional radio frequency
device, global positioning system, and an in -home alcohol monitoring. EHD includes in -
home alcohol monitoring via a testing machine located at the offender's residence.
C. "Work Crew" means in -custody work crews that leave the facility to complete
work at the direction of corrections personnel. The work may include but is not limited
to road -side clean up, salmon habitat restoration, cleaning, and other manual labor jobs.
D. "Work Release" means the ability of a qualified inmate to serve his sentence at
the Work Release facility but leave the facility to attend the inmate's job and then return
to the facility when not at work.
Section 2 Eligibility and Acceptance into Community Corrections Programs
CITY inmates held in the custody of the COUNTY may serve their time in a Community
Corrections Program if Program services are available and if all of the following requirements
are met.
A. The CITY Inmate has been screened by the COUNTY and the COUNTY has
found that the CITY Inmate meets all statutory and Program Eligibility Requirements;
and
B. The CITY Inmate has been ordered into the Program by the CITY's Municipal
Court.
Section 3 Transfers of CITY Inmates into the Community Corrections Program
A. The COUNTY will transfer a CITY Inmate meeting the eligibility requirements set
forth in Section 2(A) of this Attachment into the Community Corrections Program
effective on the date agreed to by the CITY and the COUNTY.
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ITEM CA-10
B. A person not in the County's custody may be transferred to the Program by the CITY
if the person is then in CITY custody or (2) by the person reporting for commitment
presenting himself or herself to the COUNTY, in either case on the date, time, and
place agreed to by the CITY and the COUNTY.
Section 4 Fees
The Work Release Daily Fee and the Work Crew Daily Fee shall be forty-two dollars
($42) per day for each housing day, which are in lieu of the Daily Maintenance Fee required
under the Section 9(A) of the Interlocal Agreement for Jail Services. The EHD Daily Fee, which
is also in lieu of the Daily Maintenance Fee, shall be sixteen dollars ($16) per day.
If a CITY inmate is participating in a Community Corrections Program on charges from
multiple jurisdictions, the CITY will be billed for its fractional share (based on the number of
jurisdictions) of the Program charges, PROVIDED, HOWEVER, that the COUNTY may refuse
Program admission for a CITY Inmate if any of those multiple jurisdictions (other than the
COUNTY) have not entered into an agreement in substantially the same form as this Agreement.
For purposes of this subsection, the COUNTY will be considered the financially responsible
jurisdiction for all State agency -filed misdemeanor and gross misdemeanor charges.
Section 5 Termination of CITY Inmate from Community Corrections Program
A. Once a CITY inmate is taken into a Community Corrections Program, the inmate
shall remain in the Program for the remainder of his or her term of confinement, unless:
1. The CITY Municipal Court orders the CITY Inmate terminated from the
Program or otherwise amends its earlier order;
2. The CITY Inmate is no longer eligible for, and is terminated by the COUNTY
from the Program. The termination decision shall be made by the COUNTY, in
its sole discretion, and is not subject to review. An inmate who was previously
found to be eligible may be found ineligible to continue in a Program either (1)
because of actions by the inmate while within the Program (including but not
limited to violation of rules established by the COUNTY or a new criminal
conviction) or (2) due to newly discovered 'information which, if known to the
COUNTY during initial screening, would have rendered the inmate ineligible on
either statutory or Program grounds.
B. A CITY Inmate who is terminated by the COUNTY from a Program shall
1. If then in the physical presence or custody of the COUNTY by virtue of his or
her participation in a Program, be taken into custody by the COUNTY and
transported to the COUNTY Jail to serve the remainder or his or her term of
confinement; or
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ITEM CA-10
2. If not then in the physical presence or custody of the COUNTY by virtue of his
or her participation in a Program, become the immediate responsibility of the
CITY for all purposes including, but not limited to, duty to apprehend.
C. If the participation of a CITY Inmate in a Community Corrections Program is
terminated by the COUNTY pursuant to Section 5(A)(2) of this Attachment, the
COUNTY shall notify the CITY and the CITY Municipal Court in writing within twenty-
four (24) hours following the termination. Upon termination, the CITY shall be
responsible for notifying the CITY Municipal Court and, if appropriate, seeking revision
of the CITY Municipal Court's order. The COUNTY will contact the CITY Law
Enforcement agency to notify them of the violation.
D. In the event that a CITY Inmate is terminated from a Community Corrections
Program and is transferred to the COUNTY Jail pursuant to Section 5(B)(1) of this
Exhibit, the CITY shall be billed for the day in which the transfer occurs pursuant to
Section 9 of the Interlocal Agreement for Jail Services Agreement.
E. In the event that the CITY inmate is terminated from a Community Corrections
Program on a day in which he or she has not received services pursuant to this
Agreement, the COUNTY shall not bill the CITY for that day.
P. In addition to fees charged to the CITY pursuant to this Agreement, the COUNTY
may also charge CITY Inmates directly for daily monitoring costs (as noted in the vendor
contract) associated with their participation in a Program, i.e., for EHD and if applicable
work release charges, at the same rate and under the same circumstances as COUNTY
inmates are charged.
City of Medina Interiocal Agreement for Jail Services Page 18 of 18
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Medina City Council Regular Meeting ITEM CA-11
Monday, June 13, 2011
AGENDA BILL
Subject: King County I -Net Services Contract
Category: ® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other — Discussion
Prepared
By: Dan Yourkoski, Acting Police Chief
Summary:
This contract with King County is an existing contract the City is being asked to amend.
The price is not increasing and the amendment will allow King County to reduce
contract costs by allowing both parties to extend the current agreement without the
necessity of a new contract every three years.
This is the system the Police Department uses to connect to NORCOM and is
necessary for the Police Department's records system to work.
Attachments:
1. King County I -Net Contract
Budget/Fiscal
Impact:
Staff
Recommendation: Approval on Consent Agenda
City Manager
Approval:
Proposed ,
Council Motion: N/A
ITEM CA-11
Amendment No. 1
to the Contract No. 01 COM08 ORIGINAL
between King County, Washington and City of Medina,"
For Institutional Network Services
This Amendment #1 ("Amendment") to the Institutional Network Services Agreement is between
King County, Washington (hereinafter "County"), whose principal office is located at 401 5th
Avenue, 5th Floor, Seattle, WA 98104 and City of Medina, with its principal place of business at
501 Evergreen Point Road, Medina WA 98039 (hereinafter "Customer"), collectively the "Parties".
WHEREAS, County and Customer desire to modify the underlying Agreement to:
NOW, THEREFORE, in consideration of the foregoing recital and the mutual covenants
contained herein, and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree to the foregoing as follows:
1. DELETE "5. Term of Contract" in its entirety and REPLACE with:
5. Term of Contract
"This Contract is effective upon execution of Amendment No. 1 by both Parties, and Shall remain in effect
until December 31, 2014. Thereafter, this Contract may be renewed upon execution of an amendment that
may include a revised Attachment A, Attachment E and Attachment G for three (3) additional three (3) year
terms, subject to the terms and conditions of applicable franchise agreements as amended or the lease
agreement, as amended, or as set forth in the termination provisions herein."
2. ADD the following new Attachment A:
"Attachment A - 01 /01111 thru 12/3112014, revised 05/25/201 V'
3. DELETE Attachment E — Key Persons in its entirety and REPLACE with the following:
"Attachment E — Key Persons, Amendment 1, Revised 05125/2011".
4. DELETE Attachment G - Service Offerings List through 12/31/2012 in its entirety and
REPLACE with the following "Attachment G — Service Offerings List through 12/31/2013".
Note: The County has added new service offerings.)
5. NO OTHER AMENDMENTS. Except as provided herein, the Agreement shall remain
unchanged and in full force and effect.
IN WITNESS, THEREOF, the Parties have executed this Amendment No. 1.
KING COUNTY
CITY OF MEDINA
x
x
King County Executive
Title:
Print Name:
Print Name:
Date:
Date:
Contract No. 11COM08 Page 1 of 7 Amendment No.1
ITEM CA-11
Attachment A- 01/01/11 thru 12/31/2014 - Amendment No. 1 — Revised 05/25/2011
Site Locations Covered by this Contract
All Site and contact data will be kept in a database maintained by I -Net Operations. Customer agencies
Shall report changes in contact personnel or location data to the I -Net Operations Center. The table below
Site ID (number), name, address, city, contact, Hub, Demarcation Point, equipment owner, package, tier and
cost for each Site covered under this Contract. See Attachment G for details of the service offerings
identified on the following page.
CITY OF
11COM08
Provision Fees
Per Site
$1,40
Additional Site Provisioning Cost(s)
Per Site
$32
(if needed)
Site Visit Required
$ 150 per hour
Additional Services — No Site Visit Required $ 150 per hour
Per hour
Service Provisions
$ 150 per hour
Per hour
Total Non -Recurring Charges
I -Net reserves the right
to uses are I -Net fiber that runs to customer sites for future I -Net
uses.
* Provision Fees include $1,000 for Hardware and $400 for Provisioning Services
SERVICE OFFERING ABBREVIATIONS
See Attachment G for descriptions of the service offednas below:
Basic Service
B1
Limited Basic Services
L1
Bandwidth Only Service (King County)
BOSKC
Local Ethernet
LE
Regional Video Conferencing Service
RVCN
Transparent LAN Service
TLS
8X5 Support
24x7
KC/IGN
IGN
T1
T1
Additional Internet Bandwidth
AIB
Professional Support Services
PSS
Additional IP Addresses
AIP
Other Services
OS
I -Net High Speed /Gi E
IHS/G
Site Site Name Hub Name Streeticity
ID
Site Access
Contact
-Net Internet Service
Demarcation 'Equipment Specify
Point Owner Service
Equipment Offering
IIS
Specify
Tier 1 or
Tier 2
Monthly Cost
2019
Medina
Police / City
Hall
Bellevue
501 Evergreen
Pt. Rd., Medina
John Kane
Telephone
Room
King
County
L1
N/A
$375
Technical
Support
24x7,
365
Included in
pricing
Monthly Total
$375
Contract No. 11COM08 Page 2 of 7 Amendment No.1
ITEM CA-11
Attachment E - Key Persons - Amendment No.1 — Revised 05/25/2011
The Customer's Primary Contact and the Backup Contact listed below Shall have authority, on behalf of the
Customer to request and approve all network Connections to other I -Net agencies or external agencies and
to add, delete or modify services and Sites, including both cost and no -cost changes.
The Customer's Backup Contact is granted complete authority in the absence of the Primary Contact. All
change requests must come from and be signed by either the Primary Contact or the Backup Contact listed
below, and no changes can be made to the Customer's Circuit configuration without a prior written request
approval. The Customer Shall provide updated written information to the County within five (5) business
days should this contact change.
The Customer's Technical Contact will be the lead on all technical and troubleshooting issues regarding l-
Net transport services. The Customer Shall provide updated information to the County within five (5)
business days should this contact change.
The Customer's Site Access Contact will provide physical access to the I -Net equipment at an individual Site.
The contact is listed in Attachment A -Site locations covered ,by this Contract.
The Customer Shall provide updated information to the County within five (5) business days should this
contact information change. Contact information updates, will not require an amendment.
COUNTY
CITY OF MEDINA
I -Net Management Contact
Primary Contact Name:
Darryl Hunt, Manager, KCIT Customer Services
Sgt John Kane
401 5th Avenue, Seattle, WA 98104, 7th FI
501 Evergreen Point Rd.
Phone: 206-263-7890
Medina, WA 98039
E-mail: darryl.hunt0_kingcourn,yt .aov
Phone:425-233-6420
E-mail: 'kane medin -wa. ov
I -Net Technical Contact:
Back up Contact Name:
Fred Grannan, Manager, KC Communications
lieutenant Dan Yourkoski
401 5th Avenue, Seattle, WA 98104, 7th FI
501 Evergreen Point Rd.
Phone: 206-263-7935
Medina, WA 98039
E-mail: fred.grannan(ftingcounty.gay
Phone:425-233-6420
E-mail: o rk ki edin -wa. ov
Invoicing/Payments:
Technical Contact Name:
Junko Keesecker, Business and Finance Officer
Nathan Way, Network Engineer
401 5th Avenue, Seattle, WA 98104, 6th FI
10634 E. Riverside Dr
Phone: 206-263-7897
Bothell, WA 98011
E-mail: iunko.keeseckerCa?kingcountv.ci
Phone:425-823-6661
E-mail: Nathan datanode.com
Contracts/Amendments:
Site Access Contact Name:
Marilyn Pritchard, Sr. IT Contracts Specialist
Sgt Jahn Kane
401 5th Avenue, Seattle, WA 98104, 6th FI
501 Evergreen Point Rd.
Phone: 206-263-7961
Medina, WA 98039
E-mail: Mari lyn.pritchard(afkingcounty.gov
Phone:425-233-6420
E-mail: 'kane medina-wa. ov
Contract No. 11COM08 Page 3 of 7 Amendment No.1
ITEM CA-11
Attachment G - Service Offerings List through 12/31/2013
Amendment No. 1 — Revised 05/25/2011
The following abbreviations have been assigned to the service offerings to represent the offerings below:
SERVICE OFFERING ABBREVIATIONS
See Attachment G & Attachment H for descriptions of the service offerings below:
Basic Service
B1
Limited Basic Services
L1
Bandwidth On Service (King County)
BOSKC
Local Ethernet
LE
Regional Video Conferencing Service
RVCN
Transparent LAN Service
TLS
8X5 Support
24x7
KC/IGN
IGN
T1
T1
Additional Internet Bandwidth
AIB
Professional Support Services
PSS
Additional IP Addresses
AIP
Other Services
OS
I -Net High Speed /Gi E
IHS/G
]-Net Internet Service
IIS
1-A. Basic Service (81):
The Basic Service (131) provides 6Mbps with surge to 20Mbps Transparent LAN Service (TLS) connection
that bridges a Customer's Ethernet LANs. The service also includes two T-1 circuits capable of
interconnecting two PBX's, two routers and/or video conferencing equipment equipped with a TA interface
card and 16 IP addresses. It also includes a 1.5Mbps with surge to 20Mbps connection to the Internet
Network Access Point (INAP) and 1.5Mbps with 8Mbps surge connectivity to the Internet.
2-A. Limited Basic Service (1-1):
The Limited Basic Service (1-1) provides a 1.5 Mbps connection served from an Ethernet port and eight IP
addresses. A one year contract term is available for this service, and no additional options can be added
without upgrading to "Basic" services.
3-A. I -Net Bandwidth Only Service (BOSKC):
The Bandwidth Only Service (BOSKC) provides a Transparent LAN Service (TLS), or Asynchronous
Transfer Mode (ATM) technology. Bandwidth levels available for purchase are; 15, 30, 50 and 100Mbps.
An option to purchase a separate maintenance service is available. The monthly maintenance charge is
calculated based on the number of Customer sites, and a desired service hour duration.
4-A. Local Ethernet Service (LE):
This is a local area network (LAN) extension service. A Customer's sites must use the same (local) I -Net
service hub. Sites are served based on the availability of spare fiber optic cable. There must be an Ethernet
switch installed in the service hub for which the Customer pays a provisioning fee. Bandwidth use is not
metered. Local Ethernet service is offered at 100 Mbps and 1 Gbps.
Ali fiber optic site cable runs back to an I -Net Hub. All local Ethernet fiber usage is based on fiber
availability.
Customer must purchase either I -Net Basic Service for at least one site to be eligible for Local Ethernet
Service to the other sites fed out of that same
Thb;t;er:[;terlet:ir �s that lrthernet frames a_re beir?g f�ruvarded'-.+Arrthout� erF�rr I�� ��� �ngrne�r {s..
dE>3p�tir()�I to solve an Incident ar�� the irib��ent Is• detrrmrraed li4 be that Etf the L�ttst4rrteti, � �etvi0,e gall
ciae�� wi31 be iftutilb+rd _
5-A. Regional Video Conference Network Services (RVCN):
I -Net currently offers a Regional Video Conference Network Services (, typically through a deployment of
Marconi "Virtual Presence" (ViPr) equipment. This is high quality video and audio communications
currently offered over a secure private fiber network. The service includes network transport (ATM) and
gateway service permitting conferencing with video terminals on other networks via IP, using SIP and
Contract No. 11COM08 Page 4 of 7 Amendment No.1
ITEM CA-11
H.323 protocols, or Integrated Services Digital Network (ISDN), using H.320 protocol. Conferences
supporting up to 100 simultaneous terminals are possible with this service.
The Customer is required to purchase their videoconferencing terminal. The preferred and only officially
supported terminals for this service are Ericsson ViPr. A range of conferencing units are available from
individual desktop systems to larger group conferencing systems.
Video Hardware Maintenance. Agencies of King County may purchase hardware maintenance at cost for
specific models of video terminals.
6-A. Transparent LAN Service (TLS):
This is a LAN extension service. It provides wide area connectivity. Unlike Local Ethernet Service, TLS
uses reserved fiber and is available to establish connections spanning the entire [-Net service area, if
needed. TLS is typically delivered as Ethernet over a 101100BaseT connection. However, it may be
delivered using either a fiber optic pair running Ethernet or ATM, depending on other requirements of the
Customer. The speed is adjustable from 15 Mbps to 100 Mbps. This is a bridged LAN connection that
conforms to RFC 1483, also known as Multi -protocol Encapsulation over ATM Adaptation Layer 5,
7-A. Additional Internet Bandwidth (AIB):
[-Net offers additional Internet bandwidth upon Customer's request increments of 1.6 Mbps. Separate
monthly charge applies.
8-A 8X5. Regular business hours support service:
Support is provided Monday through Friday during regular daytime hours except on legal holidays. The
targeted initial response time will be 30 minutes. Problem resolution begins no more than two (2) hours after
the initial report. Work on problems will continue within these regular business hours. It will only continue
beyond these hours if escalated by the Customer and with approval of I -Net service management. 8X5,
Regular business hours support service is included with video conferencing service and not available for any
of I -Nets other services.
8-13 24X7, Regular business hours support service:
Support is provided 24 hours a day, 7 days a week, every day of the year. The targeted initial response time
will be 30 minutes. Problem resolution begins no more than two (2) hours after the initial report. Problem
resolution work will continue until resolved. 24X7, Regular business hours support service is included with I -
Nets Basic and Limited Basic services; optional with Bandwidth only and local Ethernet services; and not
available for video conferencing services.
9-A KC/IGN Connection:
The KCAGN is the common data network used to connect to state agencies, counties, and cities with known
end points, managed gateways, and applications. I -Net provides network transport to gain access to this
network. Municipalities, public health agencies, and law enforcement agencies are able to access
applications and share data with other state and local government agencies statewide. Customers
connecting to the IGN must adhere to security guidelines published by Washington State Department of
Information Systems (DIS) that pertain to this network. This service is bundled with both I -Net Basic and
Limited Basic Services. The existing KC/IGN is maintained by King County Network Services and is
connected to the Washington State Department of Information Systems (DIS) state-wide Inter -Governmental
Network (IGN).
10-A Additional T1 Connection:
A dedicated connection supporting legacy data and voice applications at a fixed rate of 1.544 Mbps. This
offering is usually for multiple -site agencies that have legacy T1 line ports between their facilities used to
serve voice applications such as PBXs. T1 line ports can also be provided that connect between two
participating agencies. Fractional T1 service is also available where individual channels may be directed to
different sites. The interface is an RJ-48X connector from the I -Net edge equipment.
11-A. Additional IP Addresses Option (AIP):
Customers have the option of purchasing additional blocks of non -portable IP addresses from King County's
Class B address space 146.129.x.x. The blocks come in quantities of 16.
Contract No. 11COM08 Page 5 of 7 Amendment No.1
ITEM CA-11
12-A Professional Support Services (PSS):
Professional Services is meant to be a range of specialized services oriented toward helping Customers
make the best use of I -Net. The scope, duration, and rates, will vary as will the skill sets of professionals
involved. Here are some examples:
1. Network Engineering Service: This is work developing specialized network solutions to fit the
Customer's needs related to I -Net services. Rates will vary depending upon the duration of the work,
hourly or per job. The typical rate for in-house staff is $80/hr. Outside resources will normally
demand a higher rate up to $150/hr. This service is subject to staff availability.
2. Solution Architecture: This architecture work is to aid in adapting and scaling applications to
operate optimally in an I -Net enabled network environment. The hourly consultation is at the market
rate. This may entail using in-house staff or may require outsourcing to obtain the resources with the
correct skill set.
3. Project Management Service: This service will provide overall management of work performed by
multiple third parties for a Customer that may be needed prior to installation of I -Net services. This
service has traditionally focused on managing construction tasks necessary to deliver fiber optic
media. Other related project management tasks may be considered. Charges for the service will be
a fixed percentage of the estimated total project cost.
13 - I -Net Hinh Speed IGinE (IHSIG): Provides high-speed transport connections between facilities. This
service is available where fiber optic strand availability permits.
1. Only Customers with at least one Basic service Site or at least a minimum bandwidth purchased of
15 Mbs will be eligible to acquire I -Net High Speed services.
2. Equipment connected to I -Net fiber will be controlled by the County.
3. A design will be developed for the service requested. Both the Customer and County Shall approve
this design in writing and it must be included on ATTACHMENT A —Site Locations Covered by this
Contract.
4. The cost for Customer required hardware will be pro -rated over the contract term for Customers that
purchase this service with or without hardware.
5. I -Net High Speed /GigE (1GigE or 10GigE) include the following: Speeds of 1GigE or 10GigE
6. 7 x 24 support: The Customer will be able to call the I -Net NOC for technical support or to initiate a
trouble ticket at any hour of the day or night.
14 - I -Net Internet Service (IIS): Provides a minimum of 10Mbps access (up/down) to the Internet via kNet.
Designed for customers with a single location or deployment site and requires access to information outside
of their network via the internet. This service is available only where fiber optic strand availability permits.
1. Only Customers with existing connections to [-Net will be eligible to acquire I -Net Internet Service.
Use of ]NAP for PTP site communications is not a feature of [IS.
2. Equipment connected to I -Net fiber will be controlled by the County.
3. This bandwidth will be delivered over the connection to the INAP.
4. Customers will receive the use of 4 non -portable IP address from King County's Class B address
space 146.128-X.X.
5. 8 x 5 support standard. The Customer will be able to call the I -Net NOG for technical support or to
initiate a trouble ticket Monday — Friday from 8Am thru 5PM.
Contract No. 11COM08 Page 6 of 7 Amendment No.1
ITEM CA-11
6. A design will be developed for the service requested. Both the Customer and County Shall approve
this design in writing and it must be included on ATTACHMENT A- —Site Locations Covered by this
Contract.
7. Customers may purchase add -on services:
a. 24 x 7 support can be purchased as an add -on service. Available. The Customer will be
able to call the I -Net NOC for technical support or to initiate a trouble ticket at any hour of the
day or night.
b. With subscription to IIS, LBO, or Basic services, additional bandwidth can be purchased
from the minimum 6Mbps up to 100Mbps.
C.
8. IIS does not Include: bandwidth surging, structured or un-structured tl lines, 247 support service,
KC/IGN access, or access to other I -Net agencies via I-Net's INAP.
Contract No. 11COM08 Page 7 of 7 Amendment No.1
Medina City Council Regular Meeting ITEM CA-12
Monday, June 13, 2011
AGENDA BILL
Subject: Resolution Authorizing the Sale of 2,718 sq. ft. of Fairweather Park
Category: ® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Joe Willis, Sr., Director of Public Works
Summary:
WSDOT requested a Right -of -Entry in February of this year for the SR 520 Medina to SR 202,
Eastside Transit and HOV Project to a portion of Fairweather Park that is to be conveyed to the
State to accommodate the future construction of a Regional Trail and access to the Park from
the new landscaped freeway lid. The portion of the Park to be conveyed and affected by the
construction is the southwestern corner and a small sliver of land along the south margin of the
Park. The total area is 2,718 square feet. Council authorized the City Manager to the sign the
Right -of -Entry Agreement on March 141n
The Right -of -Entry Agreement describes the eventual conveyance of the southwestern portion
of the Park to WSDOT by purchase, or if a settlement amount could not be negotiated, by
Eminent Domain. WSDOT tendered an offer of $34,000 to the City for the purchase of that
portion required for the future freeway improvements. The initial offer was accompanied with an
appraisal report based upon the value of the parcel in the before purchase condition ($11.96/sf)
that was then applied to the remainder of the parcel after purchase, with the difference in these
values constituting the offer amount.
I researched recent WSDOT purchases of parcels along the SR 520 freeway and forwarded that
information to the WSDOT property acquisition representative for discussion. In my analysis I
referenced the purchase of the undeveloped Bellevue School District property that abuts
Fairweather Preserve and learned that the land was purchased at a figure of $17.50/sf. The
property acquisition representative considered the matter and agreed to that figure. Since the
appraisal included $1,000 compensation for landscaping on the Park parcel, the new purchase
value offer is now $48,530.
Attachments:
1. Resolution
2. Property Description Exhibit "A"
3. Drawing Exhibit "B"
Budget/Fiscal
Impact: None.
Authorize the sale of 2,718 sq. ft. of Fairweather Park to WSDOT for the
Staff amount of $48,530 and authorize the City Manager to sign the conveyance
Recommendation: documents.
City Manager
I move to authorize the sale of 2,718 sq. ft. of Fairweather Park to WSDOT for
Proposed the amount of $48,530 and authorize the City Manager to sign the
Council Motion: convevance documents.
ITEM CA-12
CITY OF MEDINA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
AUTHORIZING THE SALE OF 2,718 SO. FT. OF FAIRWEATHER PARK TO WSDOT
FOR THE CONSTRUCTION OF SR 520 MEDINA TO SR 202, EASTSIDE TRANSIT
AND HOV PROJECT, AND AUTHORIZING THE CITY MANAGER TO SIGN THE
CONVEYANCE DOCUMENTS.
WHEREAS, the Washington State Department of Transportation has determined
that a portion of Fairweather Park as described in Exhibit "A" and shown on Exhibit "B" is
required for the construction of SR 520, has tendered an offer for its' purchase, and
WHEREAS, the City Manager has determined that the offer of $48,530 is just
compensation for the property rights to be acquired, and
WHEREAS, the City Council concurs with the sale of that portion of Fairweather
Park described in Exhibit "A" and the determination of the just compensation amount of
$48,530, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF MEDINA HEREBY RESOLVES AS
FOLLOWS:
Section 1. Declaration of need. The City Council hereby declares that that
portion of Fairweather Park owned by the City and described in Exhibit "A" and shown
on Exhibit "B" is needed by the Washington State Department of Transportation for the
construction of SR 520.
Section 2. Sale authorization. The City Manager is hereby authorized to sign the
conveyance documents for that portion of Fairweather Park as described in Exhibit "A"
and shown on Exhibit "B" to the Washington Department of Transportation for the
amount of $48,530 which the City Council has determined to be just compensation for
the property.
PASSED BY AFFIRMATIVE VOTES OF A MAJORITY OF THE CITY COUNCIL ON
THE DAY OF , AND SIGNED IN AUTHENTICATION OF
SUCH PASSAGE ON THE SAME DAY.
Bret Jordan, Mayor
ATTESTED/AUTHENTICATED:
Rachel Baker, City Clerk
ITEM CA-12
All that portion of the hereinafter described Parcel "A" lying within the following described
tract:
Beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES)
305+68.57 on the SR520 line survey of SR 520, Evergreen Point Bridge to SR 405 Vicinity
and 174.95 feet northerly therefrom; thence southeasterly to a point opposite HES 306+46.79
on said line survey and 159 feet northerly therefrom; thence southeasterly to a point opposite
HES 309+68.25 on said line survey and 150 feet northwesterly therefrom; thence
northwesterly, parallel with said line survey, to a point opposite HES 305+72.99 thereon;
thence northerly to the point of beginning:
PARCEL "A"
The north 325 feet of the south 975 feet of the northwest quarter of the southeast quarter of
Section 24, Township 25 North, Range 4 East, W.M., in King County, Washington;
EXCEPT that portion conveyed for road by Recording Numbers 529873, 529874, 1271851
and 3585439;
AND EXCEPT that portion condemned for highway by King County Superior Cause Number
567521;
TOGETHER WITH all that portion of the west 670 feet of the north 330 feet of the northwest
quarter of the southeast quarter of Section 24, Township 25 North, Range 4 East, W.M., in
King County, Washington, lying south of County Road No. 1219 (Northeast 32°a Street);
TOGETHER WITH that portion of the north 330.00 feet of the northwest quarter of the
southeast quarter of Section 24, Township 25 North, Range 4 East, W.M., in Ding County,
Washington, lying south of Boddy—Hindle Road and east of a line drawn parallel with the
west line of said subdivision and 670 feet east of said west line;
EXCEPT the east 30 feet deeded to City of Medina for street by instrument recorded under
Recording Number 4861206;
EXCEPT that portion dedicated to the public by City of Medina Ordinance No. 394, recorded
under Recording Number 8407020722.
Page 4 of 5 Pages FA No. BR-0520(043)
Project No. U52021A
Parcel No. 1 22197
ITEM CA-12
PARCEL "B"
A tract of land in the northwest quarter of the southeast quarter of Section 24, Township 25
North, Range 4 East, W.M., in King County, Washington;
EXCEPT the south 975 feet thereof;
EXCEPT the north 330 feet thereof;
AND EXCEPT the west 30 feet thereof.
The lands herein described contain an area of 2,718 square feet, more or less, the specific
details concerning all of which are to be found on sheet 2 of that certain plan entitled SR 520
Evergreen Point Bridge To SR 405 Vicinity, now of record and on file in the office of the
Secretary of Transportation at Olympia, and bearing date of approval June 29, 2005, revised
December 22, 2010.
Graritor's Initials
Page 5 of 5 Pages FA No. BR-0520(043)
Project No. U52021A
Parcel No. 1 22197
i. RAE. W.M.,
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MAT MINE SEE SHEET NO. 3
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ITEM CA-12
LEGEND
ACCESS TO Be PROMIS31CO SHOWN THUS
PROPERTY OWNERSHIP NUMBERS Q
PROPERTY LINES .-••--•.•---•-
0 so too
SCALE IN FEET
AREA
TMENT
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305 1 It. 41' RT.I
f f
THIS PLAN SUPERSEDES SHEET 3 OF 3 SHEETS OF SR 520.
ARBDRETUII TO EVERGREEN POINT. APFROVED APRIL 10,
1962 AND SHEETS I THROUGH 3 OF 4 SHEETS OF SR 520.
EAST APPROACH TO EVERGREEN POINT BRIDGE. APPROVED
FEBRUARY T. 1961.
OWNERSHIP SHOULD BE VERIFIED.
PROPERTY RIGHTS SHOWN MAY ROT
HAVE BEEN ACOUIRED BY WSOOT.
V-1
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EVERGREEN POINT BRIDGE
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KING COUNTY
RIGHT OF NAY AND LIMITED ACCESS PLAN
FULL CONTROL
NP .3.87 TO UP 4.15
STATION 295+00 TO STATION 3t0+OO
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
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PROJECT ENGINEER R1GH DF WAY PLANS KGINEER
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Medina City Council Regular Meeting ITEM CA-13
Monday, June 13, 2011
AGENDA BILL
Subject: 2012-2014 CDBG and HOME Combined Interlocal Agreement
Category: ® Consent El ordinance ❑ Public Hearing
9
❑ City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Donna Hanson, City Manager
Summary:
King County is the recipient of federal housing and community development funds through
HUD's CDBG (Community Development Block Grant) and HOME programs. It has been the
policy of King County to form urban county consortia with the cities and towns in King County
outside the City of Seattle to administer these programs. This has been done through a
combined Interlocal Agreement for both CDBG and HOME funds. The Interlocal Agreement
has a three year term, with the term of the current Interlocal Agreement through 2011.
At this time ARCH is asking the City to adopt the 2012 — 2014 CDBG and Home Combined
Interlocal Agreement. Several cities are currently not a party to the 2009 — 2011 Interlocal
Agreement, due to the very limited time window for cities to act in 2009. The Interlocal
Agreement addresses the responsibilities, the use of funds, and general distribution of housing
and community development funds for the benefit of very low to moderate -income households.
ARCH is asking for this action for the following reasons:
1. The amount of federal funds from these two programs that is available through the
County is impacted by having cities within the county join the consortium. When cities
do not join the consortium, funds are instead allocated through the State, which rarely
fund projects in King County because of King County's separate allocation process.
While the funds associated with our city are relatively low, it can have the impact of
essentially having those funds used in other areas of the State rather than locally.
2. Cities and residents of cities that are not members of the consortium are not eligible to
utilize CDBG/HOME funds allocated through the County. Historically, a significant
portion of the North/East sub-region's funds are set aside to be allocated for affordable
housing through ARCH. In addition to assisting with providing affordable housing in our
sub -region, all members of ARCH who are part of the CDBG/HOME Interlocal
Agreement get some credit toward supporting their affordable housing goals.
Attachments:
1. Letter from King County Department of Community and Human Services
2. Interlocal Agreement Regarding Community Development Block Grant Program
Budget/FiscalImpact: None.
Staff
Recommendation: Recommended approval and authorization to sign
Proposed Council MbVe to approve Interlocal Agreement Regarding the Community
Motion: Development Block Grant Program.
ITEM CA-13
King County
Department of
Community and human Services
Jackie MacLean, Director
401 5th Avenue, Suite 500
Seattle, WA 98104
(206) 263-9100 Fax (206) 296-5260
7TY Relay 711
May 20, 2011
The Honorable Bret Jordan, Mayor
City of Medina
PO Box 144
8398 NE 12th Street, Unit A
Medina, WA 98039
Dear Mayor Jordan:
I am writing to invite your city to join the King County Community Development Block Grant
(CDBG) Consortium, King County HOME Investment Partnerships Program (HOME)
Consortium and the Regional Affordable Housing Program (RAHP) Consortium.
King County Code, Title 24, Chapter 13 (KCC 24.13) sets out the framework for consortia
relationships through interlocal cooperation agreements to share in the distribution and
administration of funds made available through the United States Department of Housing and
Urban Development (HUD), and affordable housing funds established in Section 36.22.178 of
the Revised Code of Washington (RCW).
Pursuant to KCC 24.13, it is the policy of King County to partner and form urban county
consortia with the cities and towns in King County outside the City of Seattle['] for the HUD -
administered CDBG and HOME programs. In addition, King County also partners with all cities
and towns in King County for document recording fee surcharge funds for affordable housing
governed by RCW 36.22.178, which requires the County to enter interlocal agreements.
CDBG and HOME Consortium Combined Agreement
The King County CDBG and HOME Consortium utilize a combined agreement, and a copy of
the 2012-2014 agreement is enclosed for review, approval and signature by your city. Signed
agreements must be received at the King County address included at the end of this letter by July
1, 2011.
01 As a large metropolitan city, Seattle receives an independent allocation of CDBG and HOME Program funds directly from.
HUD.
N
The Honorable Bret Jordan
May 6, 2011
Page 2 of 4
ITEM CA-13
As a unit of general local government eligible to participate in the CDBG/HOME Consortia, we
must inform you of the fallowing:
• If your city chooses to join the King County CDBG Consortium, you are not eligible to
apply for grants under the state CDBG program during the 2009-2011 term.
If your city chooses to join the King County CDBG Consortium, you will automatically
be a member of the King County HOME Consortium and will participate in the HOME
program as a part of the King County HOME Consortium, and may only have access to
the consortium's HOME formula grant amount. This does not preclude the consortium, or
a unit of government participating in the consortium, from applying for HOME funds
from the state, if the state were to allow such an application.
Benefits of Participation in the King County CDBG Consortium
• Low and moderate -income homeowners in your city can apply for grants or loans to
repair their homes.
• Low and moderate -income residents who are at risk for homelessness, eviction or
foreclosure may be eligible for emergency grants and/or loans to help them remain in
their homes or move into permanent housing.
• Nonprofit organizations that serve residents of your city can apply for funds to acquire,
construct and/or rehabilitate human service facilities or housing that serve low and
moderate -income residents.
• Nonprofit organizations that serve residents of your city can apply for funds for human
service programs that serve low and moderate -income residents.
• Your city can apply for CDBG funds for public infrastructure and park projects that serve
low and moderate -income neighborhoods.
• Your city can participate in the city/county staff work group that develops
recommendations for the Joint Recommendations Committee (JRC) on specific projects
to receive CDBG funds, as well as program guidelines.
Federal regulations for the CDBG program define low and moderate -income as annual household
income at 80 percent or less of the area median income for King County as established by HUD.
In 2010, for.example, a family of four with a household income of $64,400 or less is eligible for
these programs.
Benefits of Participation in the King County HOME Consortium
Your city, and affordable housing developers serving your city, may apply for HOME
funds to help meet locally identified affordable housing needs, including affordable rental
housing and first-time homeownership programs.
The Honorable Bret Jordan
ITEM CA-13
May 6, 2011
Page 3 of 4
• Your city, and affordable housing developers serving your city, may apply for HOME
funds to support the rehabilitation and preservation of affordable housing in your
jurisdiction.
• Your city can participate in the city/county staff work group that develops
recommendations for the inter jurisdictional JRC on specific projects to receive HOME
funds, as well as program guidelines.
RAHP Agreement Update and Next Steps
King County HCD staff also met with RAHP Consortium city representatives regarding updates
to the RAHP agreement, which was last signed for the period 2007-2011. The staff work group
agreed to two agreement updates:1) move the RAHP agreement onto the same three year
schedule as the CDBG and HOME agreements, and to add an automatic renewal clause to the
agreement for potential successive three year periods, if the parties agree that no changes are
needed in advance of the renewal date; and 2) add a section regarding a consortium meeting and
coordination in the event of a declared disaster or emergency that displaces consortium residents
from housing.
Any cities that did not sign a RAHP agreement for 2007-2011 will have the opportunity to sign
the updated agreement this year. A copy of the proposed updated R.A.HP agreement is enclosed
for your review, with the updated sections underlined and bolded.
Please note that the RAHP agreement is not yet ready for adoption by your city council. The
updated RAHP agreement is in the process of being transmitted to the Metropolitan King County
Council for adoption of the agreement content and transmittal to city councils. We will notify
your staff when the agreement is in final form for transmittal. We anticipate that the agreement
will be adopted by the King County Council in late May or early June of this year. At that time,
your city will have until the end of 2011 to adopt the RAHP agreement through your council for
signature by the authorized official, and send the signed agreement to HCD at the address below.
Your city does not have to respond to this letter concerning your decision about whether to sign
the RAHP agreement.
Participation Letter Required
If your city desires to participate in the King County CDBG/HOME Consortia for 2012-2014,
you must notify both King County and HUD in writing, no later than June 6, 2011. If your city
continues to be excluded from participation in the King County Consortia, such exclusion would
be effective for the entire three-year period of 2012-2014, unless your city were to specifically
request to be included in a subsequent year for the remainder of the three-year period.
The Honorable Bret Jordan
ITEM CA-1 S
May 6, 2011
Page 4 of 4
Your letter indicating a desire to participate in the King County CDBG/HOME Consortia must
be sent to the following addresses:
King County Housing and Community Development Program
ATTN: Cheryl Markham, Program Manager
401 Fifth Avenue, Suite 510
Seattle, WA 98104
John W. Peters, Director
Office of Community Planning and Development
U.S. Department of Housing and Urban Development
909 First Avenue, Suite 300
Seattle, WA 98104-1000
Thank you for your consideration of this invitation.
Sincerely,
JM:cj
Enclosures
cc: Donna Hanson, City Manager, City of Medina
Linda Peterson, Division Director, Community Services Division
ATTN: Cheryl Markham, Project/Program Manager IV
Kathy Tremper, Project/Program Manager III
John deChadenedes, Proj ect/Program Manager III
Eileen Bleeker, Project/Program Manager Il
ITEM CA-13
INTERLOCAL COOPERATION AGREEMENT
REGARDINGTHE
commUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AOREEMENT is entered into by and between King County (hereinafter the "County") and
the City of , (hereinafter the "City'j'
said parties to this Agreement each being a unit of general local government in the State of
Washington.
WITNESSETH:
WHEREAS, the federal government, through adoption and administration of the Housing and
Community Development Act of 1974 (the "Act"), as amended, will make available toXing
County Community Development Block grant funds, hereinafter referred to as "CDBG", for
expenditure during the 2012-2014 funding years; and
WHEREAS, the avea encompassed by unincorporated King County and all participating cities,
has been designated by the United States Department.of Housing and Urban Development
("HUD"), as an urban county for the purpose of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual
appropriation of CDBG funds based on formula, taking into consideration the social and
economic characteristics of the- urban county;, and
WHEREAS, the Act allows participation of ututs of general government within an urban county
in undertaking activities that further the goals -of the CDBG program within the -urban county;
and
WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and
community development plan ("Consolidated Plain by participating jurisdictions; and
WHEREAS, King County shall undertake CDBO/HOME Program -funded activities in
participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to
those jurisdictions and to other qualifying entities. to carry out such activities; and
WHEREAS, King County is responsible to the federal government. for all activities undertaken
with CDBG funds and shall ensnare that all CDBG assurances and certiftations King County is
required to submit to HUD with the Annual Action Plan are met; and
WHEREAS, King County and the participating jurisdictions agree that it is mutually desirable
and beneficial to enter into a consortium arrangement pursuant to and authorized by the NationEi.l
Affordable Housing Act of-1990, as amended, 42 USC 12701 et. seq. and 24 CFR Part 92 for
purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME
Program", and to cooperate in undertaking HOME Program activities; and
Replaur CDBG/HOME lnterlocal 1 of 11 2012-2014
ITEM CA-13
WHEREAS, King County, & Othe participa#ng jurisdict
ions are .committed to targeting CDBG
'to �af&` i persons " defined
and HOME Program funds to ensure e t fof Yt#-Y-. PW _modi income pers as
by HUD; and
WHEREAS, King County and the participating jurisdictions recognize that needs of very low to
moderate -income persons may cross jurisdictional boundaries and thorefore can be considered
reooikal and siabre `9 'd 11 1 need sub -regional needs as we as ocil s- and
WHEREAS, king'- County; in conjunction with -the parti°eipating jurisdictions, must -submit an
Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and
I
WHEREAS, the purpose of this Interlocal Cooperation Agreement, entered into pursuant to'W
in accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is to form an urban
county consortium, ("Con" difibm" 1 d "'bu- an s for panning. [e ad - tiqffi avid administration of CD86,
P'.
HOME and . other' federal &hds -received of b6Wk6t& Cobsortitini h7orn RUO, and'
for execution of activities in accordance QWthaffd under authority of the Adt:
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES
AND IN-C,-6iigIDtf.ATlOt4OFTHE M=ALPkOWSk-SCONTAINED A-1 REN,"rF!S
AGREED- THAT`:
1. GENERAL AGREEMENT
7.
King -County and, participating jurisdictions agree to cooperate to undertake, or assist in
undertaking, activities which further the development of viable urban communities,
including the provision of decent housing and a suitable living environment and
expanding economic opportunities;
portunities. pri—nbip, ly al forperions of tow-. and moderate income,
through community ie�6wal And 16 wei income housing assistance . activities, funded from
annual CDBG and HOME Program funds from federal Fiscal Years 2012, 2013 and 2014
appropriations, from recaptured fi,mds allocated in those years, and from any program
income genei*t6d from.Oie expenlit re. of such funds.
H. GENFRAL.DIESTREBUTION.-OFFLTNDS
The annual distribution of CDBG and HOME Progtam &nds for the King County urban
county Consortium* shall be governed by the following provisions:
A. The amount needed, for administration oftheConsortium's CDBG, HOME
Program and related fedeial programs that benefit the Consortium shall be
reserved by the County.' This amount (hereinafter refibried to as the
"Administrative Setaside") is contingent upon review by the Joint
Recoii riendations Committee CJRC"), as provided in Section IV, and approval
by the Mdropolfian King County Council, as provided by Section V. To the
extent that is reasonable and feasible, the County and the Committee shall strive
to ensure that some portion of the allowable 20 percent of CDBG for planning and
administration remains available for the'purposes outlined in 11. D. below.
Regular CDBGIHOME Interlocal ' 2 of It 2012-2014
ITEM CA-13
B. Five percent of the funds available from the CDBG entitlement and program
income shall be reserved for the Housing Stability Program, a public service
activity in support of homeless prevention and in support of the affordable
housing requirements under the implementation of the state Growth Management
Act (RCW Chapter 36.70A).
C. Twenty-five percent of the funds available from the CDBG entitlement and
program income shall be reserved for the Consortium -wide Housing Repair
program. The JRC may periodically review and recommend increases or
decreases to this percentage if, in its judgment, there has been a substantial change
in the Consortium's overall funding or in the need for housing repair that justifies
an increase or decrease.
D. The remaining entitlement and program income funds, including any remaining
balance of the 20 percent allowable for planning and administration, as well as
any recaptured or prior year funds, shall be divided between two sub -regions of
the county -the northeast sub -region and the south sub -region. These funds shall
be made available on a competitive basis for a variety of eligible activities
consistent with the Consolidated Housing and Community Development Plan.
1. The north/east sub -region shall include those cities in the north and east
and those portions of unincorporated King County that lie north of
Interstate 90. The cities of Mercer Island, Newcastle, Issaquah, and North
Bend, which are at or near the Interstate 90 border, along with their
designated potential annexation areas, also shall be included in the
north/east sub -region..
2. The south sub -region shall include those cities south of Interstate 90 and
those portions of unincorporated King County that lie south of Interstate
90, except for the cities of Mercer Island, Newcastle, Issaquah, and North
Bend and their potential annexation areas, which are part of the northeast
sub=region.
3. The formula for dividing the funds between the two sub -regions shall be
based on each sub-region's share of the Consortium's, low -and moderate -
income population.
M. USE OF FUNDS: GENERAL PROVISIONS
A. Funds shall be used to support the goals and objectives of the Consolidated Plan.
B. Funds shall be used in accordance with the CDBG regulations at 24 CFR Part
570, Home Program regulations at 24 CFR Part 92, and all other applicable
federal regulations.
IV. JOINT RECOMMENDATIONS COMMITTEE
Regular CDBG/HOME Interlocal 3 of 11 2012-2014
ITEM CA-13
An inter jurisdictional Joint Recommendations Committee ("JRC') shall be established.
A. Calmpos tion4—The JRC shall be composed of three county representatives and
eight cities representatives.
1. The three county representatives shall be King County Executive staff with
broad policy responsibilities and/or department directors. County
representatives shall be specified in writing and, whe a possible, shall be
consistently the same.persons from meeting to meeting.
2. Four of the cities representatives shall be from those cities signing this
interlocal cooperation agreement, two from each sub -region.
3. The remaining four'cities representatives shall be from cities that qualify
to receive CDB:G entitlement funds directly froth HUD and that are not
signing this agreement, but are signing either Joint agreements or HOME
Progam-only agreements. These latter four representatives shall have no
vote on matters specific to -the jurisdictions that. are parties to this
agreement.
4. The chairperson and vice -chairperson of the JRC shall be chosen from
among the members of the JRC by a majority vote of the members for a
term of one year beginning with the first meeting of the calendar year.
Attendance of five members shall constitute a quorum.
B. Appointments -The King County Executive shall appoint the three county
representatives. The participating cities shall provide for the appointment of their
shared representatives in a manner to be determined by those cities through the
Suburban Cities Association or other agreed -upon mechanism'for the execution of
shared appointing authority. The Suburban Cities Association or other agreed
mechanism will select .four jm-tidictions of varying. size from among those signing
this agreement, two. from the northeast sub -region and two from the south sub-
region. The cities representatives shall be elected officials, chief administrative
officers, or persons who report directly to the chief administrative officer and who
have broad policy responsibilities; e.g., planning directors, department. directors,
etc. Members of the JRC shall serve for two years, or at the pleasure of their
respective appointing authorities.
C. Powers and Duties -The JRC shall be empowered to:
1. Review and recommend to the King County Executive all policy matters
concerning the Consortium CDBG and HOME Program, including but not
limited to the Consolidated Plan and related plans and policies..
Regular CDBG/HOME Interloeal 4 of 11 2012-2014
ITEM CA-13
2. Review and recommend to the.King County Executive the projects and
programs to be undertaken with CDBG funds and DOME Program fiends,
including the'Administrative Setaside.
3. Monitor and ensure that all geographic areas and participating jurisdictions
benefit fairly from CDBG and HOME Program funded activities over the
three-year agreement period, so far as is feasible and within the goals and
objectives of the Consolidated Plan.
D. Advisory, Committees to JRC—In fulfilling its duty to review and recommend
projects and programs to be undertaken with the CDBG and HOME Program
funds, the JRC shall consider the advice of inter jurisdictional .advisory
committees. Sub -regional advisory committees, made up of one representative
from each participating jurisdiction in a sub -region that wishes to participate, shall
be convened to assist in,the review and recommendation of projects and programs
to be undertaken in that sub -region. The JRC may also solicit recommendations
from other inter jurisdictional housing and community development committee
V. RESPONSIBILITIES AND POWERS OF KING COUNTY
A. Notwithstanding any other provision contained in this Agreement, the County as
the applicant and grantee for CDBG and HOME Program funds has responsibility
for and assumes all obligations in the execution of the CDBG and HOME
Programs, including final responsibility for selecting and executing activities, and
submitting to HUD the Consolidated Plan, Annual Action Plans, and related plans
and reports, including the Analysis of Impediments to Fair Housing Choice and
the Fair Housing Action Plan. Nothing contained in this Agreement shall be
construed as an abdication of those responsibilities and obligations.
B. The Metropolitan King County Council shall have authority and responsibility for
all policy matters, including the Consolidated Plan, upon review and recom-
mendation by the JRC.
C. The.Metropolitan King County Council shall have authority and responsibility for
all fund allocation matters, including approval of the annual CDBG and HOME
Program Administrative. Setasides and appropriation of all CD13G and HOME
Program funds.
D. The King County Executive, as administrator of the CDBG and HOME Programs,
shall have authority and responsibility for all administrative requirements for
which the County is responsible to the federal government.
E. The King County Executive shall have authority and responsibility for all fund
control and disbursements.
F. The King County Executive.shall have the authority and responsibility to staff the
JRC and provide liaison between HUD and the urban county Consortium. County
Regular CDBG/HOME Interlocal 5 of 11 2012-2014
ITEM CA-13
Executive staff shall -prepare and present to the JRC evaluation reports or
recainmelidations concerning specific proposals or policies,,and any other
material deemed necessary by the JRC to help it fulfill its powers and duties in IV.
C., above.
G. King County Executive staff 'shall have the authority and responsibility to
communicate and consult with participating jurisdictions on CDBG and HOME
Program policy and program matters in a timely. manner.
H. King County Executive staff shall have the authority and responsibility to convene
sub -regional advisory comiiciittees made up of representatives from participating
jurisdictions in the- sub -region, to advise the JRC on the allocation of the sub -
regional funds.
I. King County Executive staff shall provide periodic reports on clients served by
Jurisdictions in the Housing Stability and Housing Repair programs and on the
status of CDBG and HOME Program funded projects and make thein available to
all participating jurisdictions and the JRC.
J. King County Executive staff shall solicit proposals, administer contracts, and
provide for technical assistance, both in the development of viable CDBG and
HOME Program proposals and in complying with CDBG and HOME Program
contractual requirements.
K. King County shall have environmental review responsibility for purposes of
fulfilling requirdments of the National Environmental Policy Act, under which
.King County may require the local incorporated jurisdiction or contractor to
fiimish data, information, and assistance for King County's review and assessment
in defiermi whethet an Environmental Impact Statement is required.
VI. RESPOMMUTIkS OF THE PARTICIPATNO CITIES
A. All participating cities -shall cooperate in the development of the,Consolidatec
Plan and related plans.
B. All pdrticipating cities shall assign a staff person to be the primary contact for the
County on CL?BG/HOME Program issues. The assigned CDBG HOME Program
contact person is responsible for communicating relevant information to others at
the participating city, including any representative the city may choose to send to
the sub -regional advisory committee, if that representative is not the
MNYHO1viE Program contact`person.
C. At its discretion, a participating city may assign a representative to attend
meetings ofthe sub -regional advisory committee. This representative may or may
not be the City's CDBG/HOME Program contact person. It may be the
CDBG/HOME Program contact person, a different staff member, an elected
--
Regular CDBGHOME €nterlocal 6 of 11 20M2014
ITEM CA-13
D. If and when a participating city deems necessary or advisable, it may prepare
applications for CDBG or HOME Program funds to address the needs of its
residents, consistent with the Consolidated Plan.
E. Each participating city shall obtain its council's authorization for any CDBG or
HOME Program application -submitted.
F. All participating cities shall carry out CDBG or HOME Program funded projects
in a manner that is timely and consistent with contractual requirements.
G. All participating cities owning community facilities or other real property
acquired or improved in whole or in part with CDBG or HOME Program funds
shall comply with use restrictions as required by HUD and as required by any
relevant policies adopted by the JRC.
1. During the period of the use restriction, -the participating cities shall_ notify
Ding County prior to any modification or change in the use of real
property acquired or improved in whole or in part with. CDBG or HOME
Prograin funds, his includes any modification or change in use from that
planned at the time of the acquisition or improvement, including
disposition.
2. During the period of the use, restriction, if the property acquired or
improved with CDBG or HOME Program: funds is sold or transferred for a
use which does not qualify under the applicable regulations, the
participating city shall reimburse King County in an amount equal to the
current fair market value (less any portion thereof attributable to
expenditures of funds other than CDBG or HOME Program funds).
VIL RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS
A. All participating jurisdictions shall be considered to be those jurisdictions that
have signed this Agreement.
B. All participating jurisdiction shall fulfill to the County's reasonable satisfaction all
relevant requirements of federal laws and regulations that apply to King County as
applicant, including assurances and certifications described in Section VIII below.
C. Each participating jurisdiction or cooperating unit of general local government
certifies that it has adopted and is enforcing:
1, a policy that prohibits the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and
Regular CDBOMOME Interlocal 7 of 11 2012-2014
ITEM CA-13
2. 'a policy that enforces applicable state and local laws against physically
barring entrance to or exit from a facility or lo0ation which is the subject
of non-violent civil rights demonstrations within jurisdiction.
D. Pursuant to 24 CFR 570.501 (b), all participating units of local governments are
subject to the same requirements applicable to subiecipients when they receive
CDBG funds to implement an"activity. The applicable requirements include, but
are not limited to, a written agreement with the County that complies with 24 CFR
570.503 and includes provisions pertaining to: statement of work; records and
reports; program income; uniform administrative items; other program require -
meats; conditions for religious organizations; suspension and termination; and
reversion of assets.
E. All participating units of local government understand that they may not apply for
grants under the federal Small Cities or State CDBG Programs that receive
separatc.entitlements from IJUD during -the period of participation in this
Agreement.
F. All units of local government participating in the.CI)BG urban county consortium
through this interlocal, cooperation agreement understand that they are also part of
the -urban county for the HOME Program and that they may not participate in a
HOME Program consortium except through the urban county, regardless of
whether the urban county receives a HOME formula allocation.
G. All participating -units of local government hereby agree to affirmatively further
fair housing and to ensure that no CDBG or HOME Program funds shall be
expended for activities .that do not affirmatively further fair housing within its
jurisdiction orr that impOe the CounWs action% to comply with its fair housing
certification. For purposes of this section, "afffimatively furthering fAir housing"
includes participation inthe, propesa of -deyeloping,ap. AjW-ygjp-,qf 1_nVc4jMqAs to
Falr_46'Qxije oice and -a Fair Housing Action Plan. While King County has
the primary responsibility for the development of these reports to HUD pursuant
to Section V(A) of -this Agreement; -upon request,-' the City zhqll provide assistance
to the County in preparing such reports.
H. Participating jurisdictions undertaldng activities and/or -projects with CDBG funds
distributed under this Agreement shall retain full civil and criminal, liability as
though these funds were locally generated.
L Participating jurisdictions. retain responsibility in fulfilling the requirements of the
State Environmental Policy Act under which King County has review
responsibility only.
VUL GENERAL TERMS
Regular CDBG(HOME Intedocal 8 of 11 2012-2014
ITEM CA-13
A. This Agreement shall extend through'tlie 2012, 2013 and 2014 program years,
and shall remain in effect until the CDBG funds, Home Program funds and
program income received with respect to activities carried out during the three-
year qualification period are expended and the funded activities completed. This
Agreement shall be automatically renewed for participation in successive three-
year qualification periods, unless the Countyor the City provides written notice
that it wishes to amend this: agreement or elects not to participate in the 4ew
qualification period by the date set forth by the United States Department of
Housing and Urban Development in subsequent Urban County Qualification
Notices. King County, as the official applicant, shall have the authority and
responsibility to ensure that any property acquired or assisted with CDBG fiends
or HOME Program funds is disposed of or used in accordance with federal
regulations.
B. Pursuant to 24 CF'R Part 570.307(d)(2), during the period of qualification no
included unit of general local government may terminate or withdraw from the
cooperation agreement -while it remains in effect.
C. It is understood that by signing this Agreement, the City shall agree to comply
with the policies and implementation of the Consolidated Plan.
D. Parties to this Agreement must take all required actions necessary to assure
compliance with King County's certification required by Section 104(b) of Title I
of the Housing and Community Development Act of 1974, as amended, including
Title VI of the Civil Rights Act of 1954, (Title III of the Civil Rights Act), the
Fair Housing Act as amended, Section 109 of Title I of the Housing and
Community Development Act of 1974, as amended, the Americans with
Disabilities Act of 1990, and other applicable laws.
E. This Agreement shall be executed in three counterparts, each of which shall be
deemed an original, by the chief executive officers of the County and the City,
pursuant to the authority granted them by their respective governing bodies. One
of the signed Agreements shall be filed by the County with the Region X office of
HUD, one shall be filed with the City and one shall be filed with the County.
Prior to its taking effect, the fully executed Agreement shall be filed with the
County Auditor, or, alternatively, listed by subject on a public agency's web site
or other electronically retrievable public source.
F. It is recognized that amendment to the provisions of this Agreement may be
appropriate, and such amendment shall take place when the parties to this
Agreement have executed a written amendment to this Agreement. The City and
the County also agree to adopt any amendments to the Agreement incorporating
changes necessary to meet the requirements for cooperation agreements set forth
in an Urban County Qualification Notice applicable for- a subsequent three-year
qualification period, and to submit such amendmeni to the United States
Department of Housing and Urban Development. Failure to adopt such required
Regular CI?BG/HOME lnterlocal 9 of 11 2012-2014
ITEM CA-13
amendment shall void the automatic renewal of the Agreement for the subsequent
quali idati6rl petiod.
G. This Agreement is riiade and entered into for the sole protection and benefit of the
parties hereto and their successors and assigns. No other person shall have any
right of action based on any provision of this Agreement.
KING COUNTY, WASHINGTON CITY OF
for King County Executive By: Signature
Jackie MacLean
Printed Name Printed Name
Director, Department of Community. and
Human Services
Title
Date
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
Title
Date
Approved as to Form:
CITY OF
CITY ATT.ORIqEY
City Attorney
ATTEST:
CITY OF
_ _City Clerk.
Regular CDBGlHOME Interlocal 10 Of 11 2012-2014
ITEM CA-13
Regular CDBG/HOME Interlocal 11 of 11 2012-2014
Medina City Council Regular Meeting ITEM PH-1, 013-1
Monday, June 13, 2011
AGENDA BILL
Public Hearing for Concurrence with WSDOT/FHWA Proposed de minimis
Determination for Use of Fairweather Park for SR 520 Temporary
Subject: Construction Area and Temporary Park & Ride Lot
Category: ❑ Consent ❑ Ordinance ® Public Hearing
g
❑ 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 complete the construction of the new freeway lid, the contractor requires the use of the
area around the new bridge structure for a staging area. This will include the present Park & Ride lot on
the south side of SR 520 for the period of the lid construction (approximately 24 months). As discussed by
Council on April 11, 2011, since the City desires that parking be made available for the transit ridership,
the most feasible option to create an area for parking is the Fairweather Playfield.
In accordance with 23 CFR Part 774 (Federal Registry), an impact to a park, recreational area, or wildlife
and waterfowl refuge may be determined to be "de minimis" if the transportation use of the Section 4(f)
resource, including consideration of the impact avoidance, minimization, and mitigation or enhancement
measures, does not adversely affect the activities, features, and attributes that qualify the resource for
protection under Section 4(f).
Since use of the Park as a temporary park & ride lot and staging area for the contractor will have an
impact on present activities and features of the park the sports teams that usually utilize the playfield area
for practices have relocated to the playfield in Town of Hunts Point D.K. McDonald Park and to Medina
Park. In addition, based on discussions with Chris Deane, Civil Construction Manager for ECC, use of the
Fairweather Park Playfield will be limited to a temporary 50 space gravel surfaced park & ride lot on the
north portion of the playfield, a fenced staging area for equipment and materials, and subterranean
tiebacks to support temporary shoring walls during construction of the permanent lid abutments/retaining
walls on the south side of the park. As mitigation, upon completion of the new freeway lid and the park &
ride lot over the freeway, the temporary staging area will be removed and a new all-weather playfield will
be constructed with under -drainage, irrigation, and sport field turf so the field will be playable year round.
Based on the above proposed use and mitigation measures, WSDOT and FHWA have concluded that the
project qualifies as a de minimis impact on Fairweather Park. In order to make a de minimis impact
finding, written concurrence from the City over the resource is required.
The process is therefore as follows:
1. Conduct a Public Hearing to solicit comment
2. Council consider and address public comments in their deliberations
3. City Council concurs or disagrees with the de minimis determination
4. WSDOT forwards the determination to FHWA
Attachments:
1. Exhibit A Proposed Easement Area
2. Exhibit B Proposed Construction Use
3. Exhibit C Proposed Restoration Plan
Budget/FiscalImpact: None.
Concur with the WSDOT and FHWA conclusion that the use of the playfield
Staff and its restoration following the construction of the Evergreen Point Road
Recommendation: eqwqy lid qualifies as a de minimis impact on Fairweather Park
City Manager Approval: le
I INve to authorize the Mayor to sign a concurrence statement that the use of
Fairweather Park and restoration of the playfield following the construction of
Proposed Council the Evergreen Point Road freeway lid qualifies as a de minimis impact on
Motion: Fairweather Park.
Rachel Baker
From: Joe Willis
Sent: Thursday, June 09, 2011 10:27 AM
To: Rachel Baker
Subject: FW: Fairweather Section 4(f) documents
Attachments: 20110606—Fairweather_4f—draft- FINAL.pdf; Exhibit 1.pdf; Exhibit 2.pdf; Exhibit 3.pdf; Exhibit
4.pdf
Rachel, Daniel Babuca has provided and updated WSDOT report on the Fairweather de minimis for the agenda item. You
may also want to include his Exhibit 1.
From: Babuca, Daniel [mailto:BabucaD@wsdot.wa.gov]
Sent: Thursday, June 09, 2011 10:12 AM
To: Joe Willis
Cc: Edwards, David L; GaNung, Julie ; Deane, Chris; aaron.wiehe@ecc-jv.com
Subject: Fairweather Section 4(f) documents
Joe — as per our phone conversation, attached are the updated draft -final 4(f) documents for Fairweather
Park. Also, representatives from WSDOT (Dave Edwards or Julie GaNung) and ECC (Chris Dean or Aaron
Wiehe) will be attending the June 13`h council session to address any questions that may come up during the
council presentation and discussion.
Summary of Changes:
There were a few minor editorial changes to the letter, most notable of which is the bullet in the middle of page 3, which
states that reasonable walking distance to the transit station is 1/4 mile (vs. 1 mile). Some clarifications were made in the
exhibits, and a vicinity map exhibit was added. Finally, the exhibits were re -numbered from A-C to 1-4, to correspond
to the numbering in the NEPA documentation.
Please let me know if you have any questions or concerns.
Daniel R. Babuca P.E.
Engineering Manager
SR 520, Medina to SR 202: Eastside Transit and HOV Project
Washington State Department of Transportation
425-998-5259 direct 1 425-998-5100 main
3075 112th Ave. NE, Suite 100 1 Bellevue, WA 98004
Visit us at our website: http://www.wsdot.wa.gov/i)ro*ects/sr520bridge/
Ank
Washington State
Department of Transportation
Paula J. Hammond, P.E.
Secretary of Transportation
June 15, 2011
Mayor Bret Jordan
Medina City Hall
501 Evergreen Point Road
Medina, WA 98039
Engineering and Regional Operations
SR 520 Bridge Replacement and HOV Program
600 Stewart Street, Suite 520
Seattle, WA 98101
Phone:206-770-3500
Fax: 206-770-3569
TTY. 1-800-833-6388
www.wsdot.wa.gov/Projects/SR520Bridge
RE: Request for Written Concurrence of "de minimis" Impact to Fairweather Park in relation to the
SR 520, Medina to SR 202: Eastside Transit and HOV Project
Dear Mayor Jordan,
I am writing to request your assistance by providing your concurrence that use of a small piece of
Fairweather Park by the Washington State Department of Transportation (WSDOT) for the SR 520,
Medina to SR 202: Eastside Transit and HOV Project would have a de minimis impact on the
activities, features, and attributes of the par
Act of 1966 (49 U.S.C. Section 303). This
previously described in the March 10, 201 (
Park and the City of Medina's concurrence
Introduction
WSDOT is proposing to construct the SR
xder Section 4(f) of the Department of Transportation
)act was recently identified and thus was not
:er documenting de minimis impacts to Fairweather
h that de minimis finding.'
Medina to SR 202: Eastside Transit and HOV Project
to reduce transit and high -occupancy vehicle (HOV) travel times and to enhance travel time
reliability, mobility, access, and safety for transit and HOVs in rapidly growing areas along the State
Route (SR) 520 corridor east of Lake Washington. The project includes building a complete HOV
system between Evergreen Point Road and 108th Avenue NE and restriping the existing HOV lanes
from the outside lanes to the inside lanes between the 108th Avenue NE interchange and SR 202 in
Redmond. Section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. Section 303)
prohibits the Federal Highway Administration (FHWA) from approving a project or program that
uses land from a significant public park, recreation area, wildlife or waterfowl refuge, or historic site
unless:
• There is no feasible and prudent avoidance alternative to the use of the land; and
• The project includes all possible planning to minimize harm to the property; or
• The project will not have more than a "de minimis impact" on the property.
In accordance with 23 CFR Part 774, FHWA's Guidance for Determining De Minimis Impacts to
Section 469 Resources states "...once the U.S. Department of Transportation (DOT) determines that a
SR 520, Medina to SR 202: Eastside Transit and HOV Project — Mayor Bret Jordan
June 15, 2011
Page 2 of 5
transportation use of Section 4(f) property, after consideration of any impact avoidance,
minimization, and mitigation or enhancement measures, results in a de minimis impact on that
property, an analysis of avoidance alternatives is not required and the Section 4(f) evaluation process
is complete."
For de minimis to be applicable, a project must meet specified impact criteria. The criteria and
associated determination requirements are different for parks, recreation areas, and wildlife and
waterfowl refuges than for historic properties:
• De minimis impacts on publicly owned parks, recreation areas, and wildlife and waterfowl
refuges are defined as those that do not "adversely affect the activities, features and attributes"
of the Section 4(f) resource."
• De minimis impacts related to historic properties are defined as impacts that result in a
determination of either "no adverse effect" or "no historic properties affected" in compliance
with Section 106 of the National Historic Preservation Act (NHPA).
The information in this letter demonstrates that the construction activities of the proposed project
would have a de minimis use of Fairweather Park.
Fairweather Park
Fairweather Park is a public park and nature preserve in Medina consisting of 11 acres of forested
open space. The terrain ranges from upland forest to wetland, and is bisected by a stream. Tennis
courts and a small grassy playfield are located in the western area of the park. The playfield is used
for informal community sports practice in the spring and fall, but cannot be utilized year round due to
poor drainage on the field. The City of Medina has developed a long-range plan for improving the
playfield, including a drainage and irrigation system, which would facilitate year-round use of the
playfield..
As discussed previously at Medina City Council meetings on April 11 and June 13, 2011, the SR 520,
Medina to SR 202: Eastside Transit and HOV Project has identified approximately 0.98 acre at the
western end of Fairweather Park, including the playfield and the area between the tennis courts and
WSDOT right of way, which would be used by the project (Exhibits 1 and 2). The project would use
this area, for a period of approximately 24 months, to temporarily relocate the Evergreen Point Park
and Ride facility, and to provide storage for materials and access to be used during construction of the
project. During construction, the playfield would be closed to public use, but the informal team
practices would be accommodated at Medina Park. Access to and use of the tennis courts and nature
preserve would not be affected. Once construction of the project is completed, the project would
restore the area to enhance the activities, features and attributes that qualify Fairweather Park as a
protected Section 4(f) resource.
Specifically, the project will include the following temporary uses of the property (Exhibit 3):
SR 520, Medina to SR 202: Eastside Transit and HOV Project — Mayor Bret Jordan
June 15, 2011
Page 3 of 5
A 50-stall park and ride facility, including a lighted, Americans with Disabilities Act (ADA)-
accessible pedestrian path connecting the park and ride to the existing Evergreen Point Transit
Station located to the south of Fairweather Park on SR 520;
• A staging area for storage of materials to be used in the construction of the project, which
would be enclosed by fencing to restrict public access; and
• Access route to the staging area and WSDOT right of way for construction of the project.
Other locations were considered in an effort to avoid the temporary use of the property in question.
The following alternative locations were analyzed:
• Expansion of the existing Evergreen Point Park and Ride located south of SR 520; this
alternative would have utilized property owned by Three Points Elementary School which is
used daily by students, and school officials were not in favor of the proposal.
• Relocation of the park and ride lot to the west of Fairweather Park; the majority of this area
will be under construction for a new access loop ramp as part of the project, and thus would
not be available for use as a temporary park and ride. In addition, the alternative would have
required the removal of a substantial amount of mature trees, and the City of Medina was not
in favor of this proposal.
• Other locations; it was determined that no other location within reasonable walking distance
(approximately 1/4 mile) of the existing Evergreen Point Transit Station would accommodate
the necessary transportation uses described above.
Once construction of the project is completed, the following measures would be implemented to
restore and enhance the property in question (Exhibit 4):
• The removal of the 50-stall temporary park and ride lot and ADA access walkway;
• Installation of under -drainage system;
• Installation of approximately ,18" depth of playfield sand at playfield area; installed and
graded to create a year-round playable sport field;
• Installation of an irrigation system for restored playfield area including water utility
connection (not including surrounding areas or locations within the park)
• Installation of ryegrass sport field seeding for playfield area;
• Preservation and restoration of any surrounding areas, feature, or amenities.
The proposed improvements to the playfield and surrounding area are consistent with the City of
Medina's policies and Comprehensive Plan, and are compatible with the City's long-range plan for
Fairweather Park. A Memorandum of Understanding is being developed to document the proposed
restoration and enhancement commitments.
De Minimis Finding
In accordance with 23 CFR Part 774, an impact to a park, recreation area, or wildlife and waterfowl
refuge may be determined de minimis if the transportation use of the Section 4(f) resource, including
consideration of impact avoidance, minimization, and mitigation or enhancement measures, does not
SR 520, Medina to SR 202: Eastside Transit and HOV Project — Mayor Bret Jordan
June 15, 2011
Page 4 of 5
adversely affect the activities, features and attributes that qualify the resource for protection under
Section 4(f). For the reasons discussed above, WSDOT and FHWA have concluded that the project
qualifies as a de minimis impact on Fairweather Park. In order to make a de minimis impact finding,
written concurrence from the official with jurisdiction over the resource is required. In this regard
your assistance in confirming the de minimis impact to Fairweather Park is greatly appreciated. For
your convenience, we have included a concurrence statement at the conclusion of this letter for your
signature and return.
Thank you for your support of the project and assistance in confirming the designation of the property
in question. We would greatly appreciate your signature and return of this concurrence letter by June
15, 2011. If you need additional information regarding the project, please contact me at (425) 998-
5264 or edwardd(u,wsdot.wa. og_v.
Sincerely,
David L. Edwards, P.E.
Project Engineer
SR 520, Medina to SR 202: Eastside Transit and HOV Project
Enclosures
CC: Margaret Kucharski, WSDOT
Daniel Babuca, WSDOT
WSDOT Document Control
SR 520 Project Files
Donna Hanson, City of Medina
Rachel Baker, City of Medina
Joe Willis, City of Medina
Aaron Wiehe, Eastside Corridor Constructors
SR 520, Medina to SR 202: Eastside Transit and HOV Project — Mayor Bret Jordan
June 15, 2011
Page 5 of 5
Concurrence Statement:
The City of Medina has jurisdiction over the 11-acre Fairweather Park. Under Section 4(f) provisions
for "de minimis" impacts, as the agency with jurisdiction over Fairweather Park, the City of Medina
concurs that the proposed use of the resource for the SR 520, Medina to SR 202: Eastside Transit and
HOV Project constitutes a de minimis impact (defined as an impact that does not "adversely affect the
activities, features and attributes" of the resource).
Signed Date
Name
Title
EXHIBIT 1- VICINITY MAP
Fairweather Park and
Vicinity
—_Eastside Corridor Canstructors
N.T.S.
EXHIBIT 2 - EASEMENT AREA
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N.T.S.
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ITEM PH-1, 013-1
SR 520, Medina to SR 202: Eastside Transit and HOV Project — City of Medina
Concurrence Statement:
The City of Medina has jurisdiction over Fairweather Park, a public park in Medina. The Washington
State Department of Transportation ("WSDOT") proposes to utilize portions of Fairweather Park for the
SR 520, Medina to SR 202: Eastside Transit and HOV Project ("Project"). Under the Department of
Transportation Act of 1966 (49 USC 303) Section 4(f) and the provisions for de minimis impacts
included in 23 CFR 774, WSDOT has requested that the City of Medina concur that the proposed use of
Fairweather Park constitutes a de minimis impact on the resource (defined as an impact that does not
"adversely affect the activities, features and attributes" of the resource).
In assessing the Project impacts, the City of Medina has discussed the proposed use of Fairweather Park
with the project design/build contractor, Eastside Corridor Contructors (ECC), and ECC agrees to
provide a 50 parking space temporary park & ride lot on the north portion of the park playfield, a fenced
staging area, and subterranean tieback wall to support temporary shoring walls during the construction
of the permanent freeway lid abutments/retaining walls along the south side of the park. On the basis of
FCC's express agreement to minimize to the maximum extent practicable the use of areas of
Fairweather Park and to provide restoration of the park upon completion of the new freeway lid and park
& ride lot over the freeway by removing the temporary staging area and constructing a new all-weather
playfield with under -drainage, irrigation, and sport field turf so the field will be playable year round, the
Medina City Council after soliciting and considering public comment has made a determination to
concur that the temporary use of Fairweather Park will have a de minimis impact on Fairweather Park
within the meaning of Section 4(f).
It is agreed that the City will have significant input into the final playfield and park restoration, design,
and construction and all work will be subject to City acceptance and approval, and that during the use of
the park area the City will have significant input into its use with the ultimate goal to preserve
Fairweather Park and limit impacts thereto.
Signed
Name
Bret Jordan, Mayor
Title: Mayor, City of Medina
WSDOT Acknowledged and agreed
Name
Title:
Date
Date
Medina City Council Regular Meeting ITEM PH-2, 013-2
Monday, June 13, 2011
AGENDA BILL
Ordinance Amending Chapter 17.48 MMC to Allow Off -site Accessory
Subject: Uses and Buildings
Category: ❑ Consent ® Ordinance ® Public Hearing
g
❑ City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Robert J. Grumbach, AICP, Director of Development Services
Summary: Accessory uses and buildings are those uses that are subservient or secondary and
accompany a primary use such as a single-family dwelling. The subject of accessory uses and
buildings was raised after a zoning code interpretation was issued clarifying Chapter 17.48 that
accessory uses and buildings must be located on the same lot as a single-family dwelling. This
interpretation was upheld by the hearing examiner after an appeal.
Subsequent discussions with the City Council and Planning Commission indicated that there
was support to allow for off -site accessory uses and buildings. In developing the proposal, one
of the key considerations given was protecting the existing detached single-family development
character of the community. Without certain limitations, accessory uses and buildings could,
over time, come to dominate a neighborhood's character rather than single-family dwellings.
During the Planning Commission's public hearing, Richard Wilson, representing the Brotmans,
testified in support of the proposal. The Planning Commission's recommendation and the staff
report were included in the May 9 council meeting packet.
At the City Council May 23 study session it was noted that the proposed specific development
standards for accessory uses and buildings were based on limiting the height to about one story
and that the footprint was equivalent to that of a larger sized car garage. The suggested
impervious surface standard was simply a doubling of the building footprint. These standards
were proposed with the intent of minimizing the affect off -site accessory uses and buildings
could have on neighborhood character without implementing other requirements such as
landscape screening. It is also important to note that the specific development standards only
apply when an accessory use or building is located off -site. If the accessory use or building is
located on the same lot as a single-family dwelling, these standards would not apply.
Attachments: Draft Ordinance
Budget/FiscalImpact: None.
Staff Recommendation: Apprbval
Move to approve adopting an ordinance amending Chapter 17.48 of
Proposed Council the Medina Municipal Code to Allow Off -site Accessory Uses and
Motion: Buildings.
ITEM PH-2, OB-2
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CITY OF MEDINA
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON AMENDING CHAPTER 17.48 OF THE MEDINA
MUNICIPAL CODE TO ALLOW OFF -SITE ACCESSORY
USES AND BUILDINGS
WHEREAS, Chapter 17.48 of the Medina Municipal Code contains regulations
relating to accessory buildings; and
WHEREAS, the Director of Development Services, acting as the City Manager
designee, issued a code interpretation determining that accessory buildings and off-
street parking spaces must be located on the same parcel as the owner's primary single-
family dwelling; and
WHEREAS, there is a desire by the City Council to allow, under limited
circumstances, for certain accessory uses to be located off -site from the parcel
containing the owner's single-family dwelling; and
WHEREAS, Land Use Policy LU-P1 provides that the City shall minimize
changes to existing zoning and land use patterns except as to meet land use goals, such
as maintaining Medina's high -quality residential setting and character, when deemed
necessary by its citizens; and
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt and
requesting expedited review was transmitted to the Washington State Department of
Commerce on March 21, 2011, which was granted on April 14, 2011; and
WHEREAS, the Planning Commission, after providing public notice, held a public
hearing on April 26, 2011, and forwarded a recommendation to the City Council in
support of a code amendment to allow, under limited circumstances, for certain
accessory uses to be located off -site from the parcel containing a property owner's
single-family dwelling; and
WHEREAS, the City Council held a public hearing on June 13, 2011, to receive
public testimony for and against the proposal; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of
Nonsignificance (DNS) for the proposed code amendment was issued on April 7, 2011,
pursuant to WAC 197-11-340(1); and
WHEREAS, the City Council finds that the proposed code amendment is
consistent with the goals and policies of the Medina Comprehensive Plan for protecting
the high quality residential setting of the community and reducing the need for lot
consolidations by property owners of contiguous parcels; and
1 of 3
ITEM PH-2, 013-2
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WHEREAS, the City Council finds that the code amendment bears a substantial
relation to the public health, safety and welfare by regulating the use and specifications
of accessory uses and buildings when they are located off -site from a single-family
dwelling; and
WHEREAS, the City Council finds the code amendment advances the public
interest by protecting the existing detached single-family dwelling development pattern of
the community when a property owners wishes to develop multiple lots as a single unit.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 17.48.010 of the Medina Municipal Code is amended to read
as follows:
A. Separate accessory uses and buildings((, ))
whose use is accessory and incidental to that of a single-family dwelling shall be
permitted pursuant to MMC 17.48.020 subject to the setback and other limitations
applicable to buildings in the land use district where such dwelling is located.
B. Where the area of the building site is sufficient to support two or more single-family
dwellings in the land use district where it is located, separate ((
)) single family dwellings may be erected and maintained
((as of —the —same were —themselves i^^1{", ',° e"iRgs and)) subject to the
setbacks and other limitations applicable to buildings in the land use district where
such dwellings are located. ((same FegulatiORS, and used a6 guesthewSe6,
nadequate On area for that nu.m.-her of single-family dwell"Rg6, their A-eptimued u-se is
))
Section 2. A new Section 17.48.020 of the Medina Municipal Code is adopted to
read as follows:
17.48.020 Location and off -site exceptions.
A. Accessory uses and buildings must be located on the same lot as the lot containing a
principal use, except the following may be located off -site provided the conditions in
MMC 17.48.020(B) are satisfied:
1. Accessory recreational facilities prescribed in MMC 14.08.020(B)(2) and
17.52.050;
2. Improved surface areas and detached garages for off-street accessory parking;
3. Accessory buildings containing gardening and similar types of uses;
4. Accessory storage sheds; and
5. Accessory playhouses, cabanas, beach houses and similar accessory uses.
B. For an accessory use or building to be located off -site, the following conditions must
be satisfied:
1. The use or building must be incidental to an existing single-family dwelling;
2. The lot containing the use or building must be contiguous to and under the same
ownership as the lot containing the single-family dwelling the use or building is
incidental to;
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ITEM PH-2, 013-2
3. No more than two accessory buildings or uses may be located off -site from the
single-family dwelling they are incidental to;
4. In addition to development requirements prescribed elsewhere by the Medina
Municipal Code, the following shall apply:
a. Maximum height of structures shall be 15 feet above the existing grade;
b. The gross floor area of buildings and structures shall not exceed 1,000
square feet;
c. Roof eaves shall not protrude more than two feet from the exterior walls of a
building; and
d. Impervious surface area, excluding the footprint of any building or structure
housing an accessory use, shall not exceed 2,000 square feet.
C. To inform subsequent purchasers about the restriction set forth in MMC
17.48.020(B)(2), the owner of the real property shall record a notice on the title of the
subject lot containing the accessory use and/ or building with the following
information:
1. A statement about the condition for the same ownership set forth in MMC
17.48.020(B)(2); and
2. A statement that a breach of this condition is a violation of the Medina Municipal
Code subject to enforcement action prescribed by the Medina Municipal Code.
D. The notice on the property's title shall be recorded with the King County Recorder's
Office and shall run with the land. The notice may be removed if transfer of
ownership of the subject property does not cause a violation of the Medina Municipal
Code.
E. Failure by a property owner to provide notice as prescribed by this Section to a
purchaser of the subject property prior to the transferring of interest in the property
shall be a violation of the Medina Municipal Code subject to enforcement action
prescribed under Chapter 1.15 MMC.
Section 3. Severability. If any section, sentence, clause, or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other
section, sentence, clause, or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall be published in the official
newspaper of the City, and shall take effect and be in full force five (5) days after the
date of publication.
PASSED BY THE CITY COUNCIL ON THIS _ DAY OF 2011 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE _ DAY OF ,
2011.
Approved as to form:
Bruce Disend, City Attorney
Bret Jordan, Mayor
Attest:
Rachel Baker, City Clerk
3of3
Medina City Council Regular Meeting ITEM PH-3
Monday, June 13, 2011
AGENDA BILL
Public Hearing for 2012 — 2017 Six -Year Capital Improvement and
Subject: Transportation Improvement Plan
Category: ❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Joe Willis, Sr., Public Works Director
Summary: State law requires all municipalities to prepare and submit their planned six year
transportation improvement plans to the State Department of Transportation by July of each
year and in addition, to qualify for grant funding, each project for which funding is requested
must appear on the adopted City TIP. The attached draft plan merges the CIP and TIP into one
document for overall fiscal planning.
Discussion: The Proposed CIP/TIP Plan for years 2012 through 2017 was derived from
present public street and right-of-way improvement condition assessment, storm drainage
deficiencies, public facility evaluations, and incorporates planned programmed improvements
such as Phase II of the security camera program in year 2012. The attached 2012 — 2017
CIP/TIP Project Summary lists the projects for your consideration.
The proposed annual expenditure for the Plan was reduced from the 2010 plan that was
programmed at $ 515,000 to an annual amount of $ 488,00 for year 2012 through 2017 based
on the 2011 budget projections of $ 63,000 Motor Fuel Tax and $ 425,000 BEET tax revenues.
Attachments:
1. Draft 2012 —2017 CIP/TIP Plan
Budget/Fiscal Impact: $ 488,000 annual cost
Staff
Recommendation: Conduct public hearing to receive public comments.
I ove to schedule approval of the 2012 through 2017 capital
Proposed Council improvement/transportation improvement plan for the July 11, 2011 city
Motion: council meeting.
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Medina City Council Regular Meeting
Monday, June 13, 2011
ITEM OB- 3
AGENDA BILL
Design Selection for Independent Towers' Wireless Communication
Subject: Support Structure at Fairweather Park
Category: ❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Robert J. Grumbach, AICP, Director of Development Services
Summary: The City Council authorized the City manager to enter into a lease agreement with
Independent Towers to install a wireless communication facility at Fairweather Park.
Authorization to sign the lease was contingent upon two conditions being met: (1) determining
the final location for the facilities; and (2) approval of a tower design.
The City sought feedback from the community on the tower design. Six design options were
developed and presented. They are summarized as follows (see attached photos):
1. FLAG POLE: This is similar to the police communication tower at Medina Beach Park only
much taller.
2. STICK: This is the flagpole without the flag.
3. ARCHITECTURE FEATURE: This creates something architecturally interesting as a way to
camouflage the facility.
4. TREE: This camouflages the facility to look like other trees.
5. LIGHT POLE: This provides illumination to the sports field during hours of darkness (Note: the
light must be located below the antenna.)
6. MONUMENT. This creates a space to honor people and/ or events. (Note: only one pole
would contain antennas.)
As of June 7, we received 18 comments with the lights and the monument being the most
popular.
Attachments: Design Options, Community Comments
Budget/FiscalImpact: None.
Staff Racommandation_ ,;Aprt an ontion
Proposed Council M6\?e to select design option () for the wireless communication
Motion: tower at Fairweather Park.
ITEM OB-3
Robert Grumbach
From: Jodi Major [Major^jm@hotmail.com]
Sent: Monday, May 23, 2011 3:26 PM
To: Robert Grumbach
Subject: Fairweather tower design
Hi Robert,
We would vote for an Architectural Feature.
Thanks,
Jodi and Paul Major
905 88th Avenue NE
Medina,WA 98039
425-453-6864
ITEM OB-3
Robert Grumbach
From: Brad Husick [husick@gmail.com]
Sent: Thursday, May 26, 2011 3:08 PM
To: Robert Grumbach
Subject: tower design
Robert,
My wife and I both strongly prefer the "flagpole" design.
Thanks.
- Brad Husick
ITEM OB-3
Robert Grumbach
From: Gretchen Stengel [gcrostengel@live.com]
Sent: Saturday, May 28, 2011 5:12 PM
To: Robert Grumbach
Subject: Fairweather Tower Design Options
Thank you for providing the opportunity for input regarding tower design choices. Since we walk and drive by
this site many times each day the appearance of the tower is important to us.
Of the options provided I think the flagpole is most in keeping with the neighborhood and is the least
intrusive. Our second and third choices would be the tree and the monument. The tree would stand out since
there are no other trees left of that height. The monument is out of scale for the reduced park space.
The choices we greatly dislike are the other choices: the stick; the architecture feature and light pole.
Regards,
Gretchen Stengel and Robin Callan
3221 Evergreen Pt. Rd.
ITEM OB-3
Robert Grumbach
From:
Roberta Goodnow (roberta*lipkie.com]
Sent:
Wednesday, May 25, 2011 11:18 AM
To:
Robert Grumbach
Cc:
Roberta Goodnow
Subject:
I prefer the stick for the Fairweather Tower Design
Hi Robert,
After reviewing the options on the City of Medina's website, I prefer the stick option. It appears to be the most cost
effective as it doesn't require flags or additional electricity for the light. My least favorite options are the architectural
feature (too contrived) and the artificial tree (looks artificial).
Thank you for your postcard directing residents to the website to "vote" as well as providing the illustrations at the
website.
I'm looking forward to enhanced wireless coverage in Medina.
Roberta Goodnow
Roberta0iokie_com
ITEM OB-3
Robert Grumbach
From: Nancy Hanson [nancyhanson2005@hotmail.com]
Sent: Monday, May 23, 2011 12:34 PM
To: Robert Grumbach
Subject: Fairweather Tower design options - request for comments
Dear Mr. Grumbach,
I received a green postcard seeking comments on thewireless communication facility planned for an area west of the
tennis courts at Fairweather Nature Preserve.
Of the six options, there is no listed option for an ordinary tower. Several design options have drawbacks.
Option 2, stick, is the best option. It is likely to be the simplest design. One trouble with Medina is that it has a
reputation for being overly bureaucratic. Having a stick may project an image of being less bureaucratic. Otherwise,
people may say "see how bureaucratic Medina city government is ... they forced them to have an artificial tree" every time
they see the tower.
Option 1(flag pole) is likely to seem out of place. A flag pole also requires more maintenance, such as raising the flag,
wasting energy to illuminate it (or being disrepectful and leaving the flag flying day and night). Option 3 (architectural
feature) is ill defined and possibly expensive. Option 4 (artificial tree) probably doesn't look like a tree and may occupy
more area than a stick. Besides, there are too many trees in Medina, already. Option 5 (light pole) is unneeded and
wastes energy. If there was a need for a light, there would have been one already. Option 6 is potentially controversial.
Who should be commemorated in the monument? Che Guevera? Cesar Chavez? Police Chief Chen? Malcolm X? Some
politician with a big ego? Option 2, the stick, is the best choice.
Sincerely,
Nancy
ITEM OB-3
Robert Grurnbach
From:
Cindy Pigott Jcindy4market@ao1.com]
Sent:
Friday, May 20, 2011 9:27 PM
To:
Robert Grumbach
Subject:
Fairweather tower
thank you for letting us view ideas for the tower design. i have seen the tree tower used in
california and seem to like that the best.
wondering if other real trees could be planted around it so it would fit in.
looking forward to having it all completed!
i
ITEM OB-3
Robert Grumbach
From:
Craig Fischer
Sent:
Tuesday, May 24, 2011 2:13 PM
To:
Robert Grumbach
Subject:
FairWx Antenna Vote
Resident Sarah Werner at 7535 281h PI NE says she prefers the tree style antenna
Craig Fischer, information Systems Coordinator/Webmaster
City of Medina
PO Box 1" 1 Temporary City Hail - 8398 NE 12th Street, Unit A
Medina, WA 98039
P: 425-233-6419 1 F.425-451-8197 1 E: cfischer@medina-wa.xov
4
NOTICE OF PUBLIC DISCLOSURE: This a -marl account is pubNc domain. Any correspondence from or to this e-mail account may be a pubkc record. Accordingly, this e-mail, in whole or in part,
may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by on external party.
cza
90 SIGN UP FOR MEDINA E-NOTICES
RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOXI
Visit www.medina-wa.aov and dick on E-Notice Program.
ITEM OB-3
Robert Grumbach
Shy Meeker at 7900 32" l Street voted for Option 6 (monument) provided there are flags on it.
ITEM OB-3
Robert Grumbach
Joe Minor called to vote for the light pole first and the flag pole second. Didn't like the other options.
ITEM OB-3
Robert Grumbach
From: Mindy Mount [mmount@microsoft.com]
Sent: Sunday, May 22, 2011 12:52 PM
To: Robert Grumbach
Subject: Fairweather tower design
Hi, this is Melinda Mount from 2227 78t' Ave —
Looking over the designs I would vote for the light option for the sport field — this seems the most natural idea for the
site
That said, other than the tree which looks very fake, the other options are not bad either
Mindy Mount
ITEM OB-3
Robert Grumbach
From: Otis and Sharon Gillaspie [sogillasple @ comeast. not)
Sent: Saturday, May21, 2011 1:10 PM
TO: Robert Grumbach
Subject: Fairweather Park Tower
Fake tree towers we have seen in our travels are not attractive; they are obviously fake. We vote for the most plain
solution: a stick or light on the pole if the light serves a purpose in the park. Any attempt to camouflage the pole will
call attention to it.
Sharon & Otis Gillaspie
soeillasple@comcast.net
ITEM OB-3
Robert Grumbach
From: Peter May jmayp@ comcast.net]
Sent: Monday, May 30, 2011 11:56 AM
To: Robert Grumbach
Subject: Fairweather Tower Design -- Light Pole vote
I vote for the Light Pole as it enhances the safety of the area.
ITEM OB-3
Robert Grumbach
From: Tobey Bryant [tobeybryant@comoast.net]
Sent: Monday, June 06, 2011 11:02 AM
To: Robert Grumbach
Subject: Tower design and field design for Fairweather
Hi Robert,
I wanted to comment on the fair-weather Park development and the Tower design for Fairweather Park. In my opinion
would love to see Fairweather be a turf field once the staging is done for 520. I feel strongly for this as our city does not
provide any sort of athletic fields for our local kids. We are currently using City fields and school fields for many of the kids
that live in Medina. For West Bellevue the fields are really far and few between for our population demands, It would be
great for us to be able to provide one nice facility for kids to practice sports.
It seems only logical than to try to design the Tower's into light poles for this field. It would be a great asset to our community
if we could provide a facility such as this in the future.
I will attend the meeting on June 13th and would love to comment. Thanks, Tobey Bryant
ITEM OB-3
Robert Grumbach
From: Corinne Beardsley [corinneandkirk@msn.com]
Sent: Monday, June 06, 2011 3:03 PM
To: Robert Grumbach
Subject: Park Development for Feather
Hi Robert,
I wanted to comment on the fair-weather Park development and the Tower design for Fairweather Park. I would love to see
Fairweather be a turf field once the staeine is done for 520. I've lived in Medina for 42 years. I grew up north of Fairweather
park on Evergreen Point Road and spent many hours playing in the Fairweather woods, on the tennis courts and on the field
as a child and now as an adult. I support the turf field idea because I have seen the mud and the mess that comes with the
rain and a grass field in this part of of the country. A turf field would generate a sense oil community and contribute a safe
place tfor our kids to practice sports. We are currently using Bellevue City fields and school fields for many of the kids that live
in Medina. It would be great for us to be able to provide one nice facility for kids to practice sports.
It seems only logical than to try to design the Tower's into light poles for this field. It would be a great asset to our community
if we could provide a facility such as this in the future. l
Thank you for your time,
Corinne Beardsley
ITEM OB-3
Robert Grumbach
From: Janneke van den Berkmortel Bannekevandenberkmortal@hotmail.com]
Sent: Monday, June 06, 2011 9:30 PM
To: Robert Grumbach
Subject: Fairweather Park design
Hi Robert,
I am writing you this email since 1 would like to give you my opinion on the fairweather park design.As a mom of 3 kids 810
and 12, I would love to see Fairweather be a turf field once the staging is done for 520. Simply because it can be
used more often, especially since their are not a lot of athletic fields for our local kids in the neighborhood to practice sports
on.
Furthermore turf & light would mean the fields could be used more frequently, which I think would be a great asset for all the
kids (and parents) to use.
Lots of greetings, and thankyou for taking the time to read my email.
Janneke van den Berkmortel
104 Overlake Dr E
Medina WA 98039
425 5030063
ITEM OB-3
Robert Grumbach
From: Jennifer Gulrajani Dennifergul@comcast.net]
Sent: Saturday, May 21, 2011 8:59 PM
To: Robert Grumbach
Subject: Fairweather Tower Design
Hello Robert,
I live just north of Fairweather Park at 3215 78th Place N.£., so I use Fairweather park/field often and
drive by this space multiple times per day. First, I am curious how this leased area will fit into the new
520 lid? It appears to be on the S£ corner of the field, which l believe is staying as is, so perhaps it
won't be affected by the 520 construction. Second, 1 don't see a timeline, so can you fill me in on
when this tower will be built? I'm assuming fairly soon since you've asked for our comments by the
next Council meeting. Third, on the postcard, it reads that we're leasing an area west of the tennis
courts to Independent Towers, yet on the website it indicates six options for just one tower. Will there
be more than one tower over time? Or, will they co -locate their radios onto the single tower? Of the
six design options, my preference is #6 the Monument, with #1 the Flag Pole in second place. I am
also curious who's responsibility it is to take down and hoist up the flags each day?
We sure have a lot of construction going on up here .... and it's going to be a long couple of years trying
our patience while we wait for the trucks to move and the flaggers to allow us through.
Thank you!
Jennifer Guirajani
(425) 466-4466
ITEM OB-3
Robert Grumbach
From: Betsy Weyer [betsy@ betsyweyer.com]
Sent: Tuesday, May 17, 2011 10:55 AM
To: Robert Grumbach
Subject: Fairweather Tower
My vote for the design in the monument.
Second choice -flagpole.
Betsy Weyer
ITEM OB-3
Robert Grumbach
From: Greg Komen [gkomen@gmaii.com]
Sent: Wednesday, June 01, 2011 3:31 PM
To: Robert Grumbach
Subject: I vote for the monument
Some great options. I was leaning toward the Flag pole until I saw the monument. Well done.
Greg
425.455.4200 office
206.979.4500 cell
9103rd Ave. NE Suite #202 Bellevue WA 98004
New e-mail address: gkomenOgmail.com
Medina City Council Regular Meeting ITEM 013-4
Monday, June 13, 2011
AGENDA BILL
Ordinance adopting a new Chapter 20.44, MMC relating to Minimum
Maintenance Standards for Vacant Residences and Abandoned
Subject: Construction Sites
Category: ❑ Consent ® Ordinance ❑ Public Hearing
9
❑ City Council Business ❑ Resolution ❑ Other — Discussion
Prepared By: Robert J. Grumbach, AICP, Director of Development Services
Summary: The topic of abandoned construction sites was added to the Planning Commission's
2011 work program by the City Council. The purpose was to address the blemishes on Medina
neighborhoods caused by several abandoned construction sites. The scope of work expanded
to include vacant residences as these sites too cause similar consequences.
The tools to address these situations currently are found in Chapter 8.04, which provides a list
of conditions that can be designated as public nuisances. A public nuisance is an action or
thing that harms the community in general. While the City has latitude in declaring public
nuisances, such declarations represent a significant action against a property owner. The
challenge with a public nuisance action is that if it fails to achieve voluntary compliance, it
generally results in an abatement action that the City must undertake at its own cost and risk of
liability. While the cost of abatement is billed to the property owner, collection can be difficult if
the property owner is unable or unwilling to cooperate.
The proposed ordinance would create a new tool for addressing residences that are vacant or
construction sites that have been abandoned for more than 60 days. Minimum maintenance
standards are required and must be followed. Failure to comply would constitute a violation
subject to the enforcement procedures and penalties for a notice of violation set forth in Chapter
1.15. In sum, it allows these situations to be handled in a similar manner as a zoning code
violation. The City would continue to have authority to declare a public nuisance, but would
have authority under the new chapter to assess penalties as an incentive for property owners to
take corrective action. It is important to note that the chapter's provisions would not apply to
properties where active construction or occupied residences exist.
The 8-inch height of the grass and weeds set forth in the ordinance comes from the Bellevue
Code that this ordinance was originally based upon. However, 12 or 18 inch height standards
for weeds and grass can be found in other jurisdictions.
The Planning Commission, in making a recommendation, supports adding the new enforcement
tools proposed in the ordinance. However, they expressed concerns that the City is not doing
enough. A summary of their concerns are included in the attached memorandum that they
wanted forwarded to the City Council.
Attachments: Draft Ordinance, Planning Commission Memorandum
Budget/FiscalImpact: None.
Staff Recommendation: APRroval
City Manager Approval:
11)1'0vt- to approve adopting an ordinance adding a new Chapter 20.44
to the Medina Municipal Code relating to Minimum Maintenance
Proposed Council Standards for Vacant Residences and Abandoned Construction
Motion: Sites.
ITEM OB - 4
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CITY OF MEDINA
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON ADOPTING A NEW CHAPTER 20.44 OF THE MEDINA MUNICIPAL
CODE ESTABLISHING MINIMUM MAINTENANCE STANDARDS FOR VACANT
RESIDENCES AND ABANDONED CONSTRUCTION SITES
WHEREAS, the Medina Comprehensive Plan Goal LU-G1 seeks "To maintain
Medina's high -quality residential setting and character"; and
WHEREAS, the presence of long-term vacant residences and abandoned
construction sites can create a blight on the high -quality residential character of the City
and lower property values; and
WHEREAS, many long-term vacant residences and sites where construction was
started and then abandoned are the responsibility of out -of -area owners, and state
lenders and trustees; and
WHEREAS, in many instances the owner, lender or trustee fail to adequately
maintain or secure their vacant residences or abandoned construction sites; and
WHEREAS, under the powers granted in RCW 35A.11.020, the City Council has
authority to establish regulations that protect all types of real property within the City's
jurisdiction provided those regulations do not conflict with state law; and
WHEREAS, the City has an obligation to protect its residential neighborhoods
from decline and devaluation; and
WHEREAS, the City Council wishes to establish minimum maintenance
standards for real property to protect residential neighborhoods from decline and
devaluation; and
WHEREAS, the adoption of an ordinance pertaining to enforcement relates
solely to governmental procedures and contains no substantive standards respecting
use or modification of the environment and is therefore exempt from the requirements of
the State Environmental Policy Act pursuant to WAC 197-11-800(19).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 1.15.030 of the Medina Municipal Code is amended to read
as follows:
This chapter applies to any violations of:
A. Title 17 MMC Zoning;
B. Chapter 8.04 MMC, Nuisances;
C. Chapter 8.06 MMC, Noise;
D. Chapter 12.28 MMC, Tree Code;
E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way;
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F. Chapter 14.12, Site Plan Review;
G. Chapter 20.40, Building Codes;
H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities;
I. Chapter 18.08 MMC, Shoreline Management Master Program; ((apA))
J. Chapter 18.12 MMC, Environmentally Sensitive Areas((..-)).- and
K. Chapter 20.44 MMC Minimum Maintenance Standards for Vacant Residences and
Abandoned Construction Sites.
Section 2. A new Chapter 20.44 of the Medina Municipal Code is adopted to
read as follows:
Chapter 20.44
Minimum Maintenance Standards for Vacant Residences
and Abandoned Construction Sites
Sections:
20.44.010
Purpose.
20.44.020
Applicability.
20.44.025
Definitions.
20.44.030
Responsible person's obligations to maintain.
20.44.040
Minimum maintenance standards for vacant residences.
20.44.050
Minimum maintenance standards for abandoned construction sites.
20.44.060
Violations.
20.44.010 Purpose.
The purpose of this chapter is for the general protection of the public health, safety and
welfare and to preserve the high -quality residential character, property values, and
enjoyment of property by establishing minimum maintenance standards for vacant
residences and abandoned construction sites.
20.44.020 Applicability.
The requirements of this chapter shall apply to the following:
A. Abandoned construction sites where the responsible person has ceased work for a
period of 60 or more consecutive days. Circumstances indicating abandonment
include, but are not limited to, failure to call for inspections, absence of workers, or
removal of equipment and supplies. A valid building permit or other permit does not
alter the status of determining a construction site to be abandoned.
B. Vacant single-family dwelling that is unoccupied or unused for 60 or more
consecutive days. This does not include dwellings where emergency work, or
authorized construction work is being undertaken.
20.44.025 Definitions.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates the contrary.
B. The following definitions shall apply to this chapter:
1. "Building" means the same as the definition in MMC 17.12.010.
2. "Erosion" means the wearing away of the land surface by running water, wind,
ice, or other geological agents, including such processes as gravitational creep.
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3. "Excessive vegetation" means the following:
a. Weeds more than 8 inches in height;
b. Uncared for grass more than 8 inches in height; and
c. Any vegetation or weed that poses a health hazard, a fire hazard, or that
impairs the view of a public road right-of-way or renders use of the road
otherwise hazardous.
4. "Owner" means any person, agent, firm, or corporation having a legal or
equitable interest in the property.
5. "Premises" means the same as the definition in MMC 8.04.010(D).
6. "Responsible person" means: an owner, lessor, tenant, agent, contractor,
operator, developer, applicant or other person or entity entitled to control, use
and/ or occupy the property, or any other person causing or contributing to a
violation of the provisions of this chapter.
7. "Structure" means the same as the definition in MMC 17.12.010.
8. "Vegetation" means any organism of the vegetable kingdom, including grasses,
herbs, shrubs, and trees. Weeds are excluded from the definition of "vegetation."
9. "Weed" means plants considered unwanted, undesirable, or troublesome.
20.44.030 Responsible person's obligations to maintain.
A. The responsible person shall maintain vacant residences and associated premises
and abandoned construction sites in a clean, safe, and sanitary condition consistent
with the provisions of this chapter and other applicable provisions of the Medina
Municipal Code.
B. The responsible person shall bear all costs associated with maintaining vacant
residences and abandoned construction sites.
20.44.040 Minimum maintenance standards for vacant residences.
Properties containing vacant single-family dwellings shall, at a minimum, be maintained
as follows:
A. The premises shall be clean, safe, and sanitary, free from waste, garbage, litter and
excessive vegetation.
B. The building and structures shall be maintained in good repair and be structurally
sound. Structural members shall be free from safety, health, and fire hazards.
C. Doors, windows, and other openings shall be weather -tight and secured against
entry by birds, vermin, and trespassers. Missing or broken doors, windows, and
other openings shall be covered by glass, plywood, or other weather -resistant
materials and tightly fitted and secured to the opening.
D. Exterior walls shall be free of holes, breaks, and loose or rotting materials.
E. Foundation walls shall be animal- and vermin -proof and be maintained in a
structurally sound and sanitary condition.
F. Chimneys, decks, balconies, canopies, awnings, exhaust ducts, cornices, corbels,
trim, wall facings, drains, gutters, downspouts, and similar features shall be safely
anchored.
G. Roofs and flashings shall be maintained in good repair and be structurally sound.
20.44.050 Minimum maintenance standards for abandoned construction sites.
Properties where a construction site has been abandoned shall be maintained as
follows:
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ITEM OB - 4
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A. Owners shall ensure that the site is secure and poses no health or safety hazards to
the public or neighboring properties.
B. Any structure or partially constructed structure shall comply with applicable
provisions in MMC 20.44.040.
C. Construction debris and construction related materials shall be stored in a safe,
secure fashion on site and/ or removed from the site.
D. Erosion control measures shall be employed that stabilize the soils and prevent
erosion and sediment from leaving the site.
E. City streets and rights -of -way shall at a minimum be restored or maintained to pre -
construction conditions.
20.44.060 Violations.
Any violation of this chapter shall be subject to the enforcement procedures and
penalties prescribed in Chapter 1.15 MMC. In addition, the violation may be designated
a public nuisance and be subject to abatement proceedings set forth in Chapter 8.04
MMC.
Section 3. Severability. If any section, sentence, clause, or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other
section, sentence, clause, or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall take effect five (5) days after
its publication or the publication of a summary of its intent or contents.
PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2011 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2011.
Approved as to form:
Bruce Disend, City Attorney
Mayor Bret Jordan
Attest:
Rachel Baker, City Clerk
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ITEM OB-4
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.n edina-wa.aov
MEMORANDUM
To: City Council
From Planning Commission
Date: June 13, 2011
Subject: Vacant Residences and Abandoned Construction Sites
The Planning Commission has heard impassioned testimony from several residents in
Planning Commission hearings, via e-mail and in conversations with Medina citizens
regarding the chronic and growing problem of vacant residences and abandoned
construction sites. Citizens have expressed significant concern over the negative
impacts to our neighborhoods and city character of several properties in the city with
regard to safety hazards and erosion to adjacent properties from abandoned
excavations, as well as unmaintained properties being eyesores, targets for theft and
vandalism, and breeding grounds for vermin.
The Planning Commission discussed and supports the proposed new Chapter 20.44 of
the Medina Municipal Code which provides much -needed regulations governing these
types of properties. However, the Planning Commission believes that even with these
enhanced regulations, the city will not be doing enough to address this growing
problem. Merely sending notices of violation and fines over a period of many months
does not appear to be sufficient to motivate absentee owners and lenders to take
prompt and significant action to maintain their vacant/abandoned properties. While it
has been explained to the Commission that the City does not want to take the added
risk of abatement action on these properties, we feel that some sort of more aggressive
action must be taken. The Planning Commission strongly urges the City Council and
staff to consider much more aggressive means to motivate prompt remediation of these
problem properties via abatement, legal, or other effective means as may be developed
— even though this may mean risk and cost to the city.
ITEM OB-5
t °t "fOjti
9 MEDINA CITY COUNCIL
2011 AGENDA/ACTION CALENDAR
Meetings scheduled for 6.30 pm, unless noticed otherwise.
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
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.
Executive Session RCW 42.30.110 (1)(i) Disend Completed.
ITEM OB-5
oi MfO�N
- MEDINA CITY COUNCIL
2011 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:30 pm, unless noticed otherwise.
Presentation
King County Council Member Jane Hague
Jane Hague
Completed.
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 & Rohrbach Settlement Agreements
Hanson
Ratified.
Consent Agenda
Adoption of 2011 City Council Strategic Goals
Hanson
Adopted.
Consent Agenda
Adoption of 2011 City Council Ground Rules
Hanson
Adopted.
Reports
State Route 520 and Lid Design Update
Willis/Nelson
Completed.
Reports
2010 Accomplishments
Hanson
Completed.
u orize temporary use o
Fairweather Park for SR 520
construction and authorized city
manager to negotiate and sign
State Route 520 Construction Easement & Temporary Park &
temporary construction easement
Other Business
Ride Lot
Willis
agreement(s).
City manager authorized to
negotiate and sign agreement with
Sound Law Center for Hearing
Other Business Review of Hearing Examiner Qualifications Grumbach Examiner Services.
Executive Session RCW 42,30.110 (1)(i) Completed.
Open House State Route 520 Eastside Project Design & Project Updates WSDOT Completed.
Presentation State Route 520 Eastside Project Design & Project Update WSDOT Completed.
Schedule 06/13/2011 Public Hearing for Code Amendment
Consent Agenda
Relating to Off -Site Accessory Buildings and Uses
Grumbach
Approved.
Schedule 06/13/2011 Public Hearing for Draft Six -Year CIP/TIP
Consent Agenda
(2012-2017)
Willis
Approved.
Reports
Fairweatherindependent Towers Public Process
Grumbach
Completed.
Other Business
Proposed 2011 Budget Amendment B Ordinance
Adams
Adopted Ordinance Number 872.
ITEM OB-5
`,�� a1 MFj7rY
MEDINA CITY COUNCIL
2011 AGENDA/ACTION CALENDAR
Meetings scheduled for 6.30 pm, unless noticed otherwise.
Discussion Zoning Code Ordinance Briefing Grumbach Completed.
Discussion Shoreline Master Program Update Grumbach Completed.
Briefing re Proposed Ordinance Relating to Off -Site Accessory
Discussion Buildings and Uses Grumbach Completed.
Discussion Comprehensive Plan Amendment —Streetscape Grumbach Completed.
Presentation
Recognition of Volunteer Service (PC, Goudy)
Mayor
Public Hearing
Draft Six Year CIP/TIP (2012-2017)
Willis
Public Hearing/ Other WSDOT/FWHA proposed de minimis Section 4(f)
Business determination for fairweather Park
Willis
Public Hearing/ Other Ordinance for Code Amendment Relating to Off -Site
Business Accessory Buildings & Uses
Grumbach
Reports
Medina Days 2011 Update
Hanson
Other Business
Confirmation of Appointment to Civil Service Commission
Position 1
Council
Other Business
Confirmation of Appointments to Planning Commission
Positions 2, 4
Council
Other Business Confirmation of Appointments to Park Board Positions 2, 5 Council
Proposed Ordinance for Minimum Maintenance Standards for
Other Business Vacant Residential and Abandoned Construction Sites Grumbach
Design Selection for Independent Towers' Wireless
Other Business Communication Support Structure at Fairweather Park Grumbach
Discussion SR 520/84 Ave NE Interchange Traffic Study Willis
Discussion Milfoil Willis
Discussion City Council Guidelines Disend
Discussion Traffic Study
Public Hearing 2012 Budget
Other Business 2012 Franchise Fees
Other Business 2012 Utility Fees
ITEM OB-5
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9 MEDINA CITY COUNCIL
2011 AGENDA/ACTION CALENDAR
Meetings scheduled for 6.30 pm, unless noticed otherwise.
Other Business 2012 Franchise Fees
Other Business 2012 Utility Taxes
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