Loading...
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 SIGN UP FOR MEDINA E-NOTICES. Visit www.medina-wa.gov and click on E-Notice Program. 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. N M � m m c N LL c « O .-I O W ~O U V p w � O � m N � N U V1 ci p2l C O u O 0Q C m .o., y Ian 4 In R 0 u m g w w aii v a os 3 1O o to N c o R w w vD'i ul > u E c a 0: o X x E = J 3 no .0 'o Q' a ' n o °qcoi m t R d O E c O9 R O U O Y c o0 U N O Y N = R c m N c y Vl L Q LL m U R 3 R i G U X Y O N 2 N 2 O m ~O = _ ~ N C d R u 'O G o 'O R C .O m c 3 0) R >> ~ d Q ? c N V (O L 00 R d O O/ O L O ._ 3 o O y c O R p y c O O �-I o O. Q- R Q i-1 o N R F N J x a M IR C m d u C h N C N 0 0 V V N W Q Q m m N O 2 c O O a�. 3 0 0Q m O m m O M m m c-I ei m V m m ei w w w M of 01 vl u'f m 00 N N O O lD O of O1 N O1 m O m N m o0 m ul n n lD m c-I n O o to M M o o O O o o M M N u1 O O O O N N N N n n O O 0 0 aa v 0 0 O O 0 0 N N lD lD M M t+l M O O N O R OD Ill (ll M.4 ei PI N N O M LDD N Ill V} ll1 W to 00 n n CT O to tO0 of m N r1 C' V OD 00 N N am -I Ya1 n M m N V ul n N N N M N O O N ti N Vl L Ol O1 Vl Ill ti .�-i 0 0 O1 D1 N ti N N N ti m 00 N ti O O O N N c-i ei Vf 1A Vf Vf 1A iy` �y` VT ah �-I rl to N rj ti O O v/T N Vf to N yA 'i N M fl1 N i/Y �A N N 'i ei N N N V� t/? N T Q 1/T N V1 N VT Vf V} V� 1+1 Ln M M R V? IA Ll VY C R F (D n n m 01 O1 m O '-I N M V Vl Vl V1 ill Vl I!1 t0 n m O1 O '-I N M � Vl lD O) O L I V V lD IO V Io V V K ID to to Vl W Ul ID Vl ID Vl ID I!1 O Vl I!1 V1 IA N m lD lD lD lD W w ill ID m Io M to att lD /D O tD O Ip ID ID ID lD ID tD ID — lD to e-1 @ e-1 e4 1 !i l� ei ei ,-1 q 1 r1 Y rl �p 1Yp p t.1 3 O m m O m O m m m O O i� O m O m O m O m m m m m M O m o o O O O O a., M O m O M O m O M 0 Z I- h- 1- 1- I- 1- I- 1- 1- I- F 1- !.- I- !- F Y w u e} n e{ Ol O e} of .-1 lef N Vf M of V Vl v1 lD u1 u1 n N 00 ul M u1 .-I N m V to w w N to w w w w to w N w w w lD w w LD kD w w N to L 'i V Ifl ei M e-I Vf 'i ei N N PI N PI M M M N Vf ei ei Y1 u1 •i Iff •i Ill �-1 Ill N Vf rl Ifl rl N 'i Ifl �f Yf rl N ei N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N T T > T > > T T T > > > T > T > R R R R R R R R R R R R R R R R R R R R R R R R R R R R R s U �-i •-1 rl �-i ri l-i l-1 ei r1 N H e-I e-I ei r1 e-1 e-I l-1 e1 �-1 '-1 l-1 e-1 '-I '-I e-I e-I e-I H �. L O U N O O N N O N O O O N N N O N O N o N o N O N O O O o o o N N N N N N O N o N o N O N O N O N O N O N O N O N O N Y rl 009 d o R w « a v a c `R u o vE E E c Q o� 07l C7 U �� w m m m- -c - m n' u a p C a, d O1 N « W c c c c c c R R R R R R c R w U m bA c p s p o H D. C H W C Vl O` -- � � � � O C L U fl. V yr m J c a D_ a-.. Y Y Y Y Y Y v C N C 'N .0 Y G• W U V=1 X , C m o U m 0 W W N W C Q6 O W N O) N 0) O) U C o6 0) ~ O ~ .p c V c C c E w a m 01 '^ ,�Oi > > > > '` '` 2 3 i y o aii ¢ oil oo 5 _c u `o a, o v°1i v°1i vi > .0.. > y L O. y M N W o In In o Op O) O R 3 c Q vl O x W D >>> > w m � a Vl O N O O O O O tD O O N Ill tt) m M M an O O OO O O O ON OCal O OH O u O O O O O O O O O O c0 OD OD CD op O O O O In O O M vNl rCi' HM NunnnN 0 -m=ie ei'-INNOD d lD V d o to to d N d d d m m m o d d d o1 vl vl 6 6 6 0 0 o lD m d d d m d lD eF d H• d N o v d V o tD Ill 6 01 Vl 6 N 00 0o ao .-I o 0 0 .� o0 00 0o v .� .=+ .+ .-� .+ .� Itw' m .+ IO Vl Yi u1 Il) N N Vl n n n M N M N Vl Vl M 'i m e-I VI 01 N N N N N N N tll Y1 Yl Vl M VI Ol It1 N tl> N M N VI e1 M �-1 Ili �-f N �-I I!1 m Y1 H Y1 N V1 d d d d d o d d d d d o 6 o 6 o d o d d o d o 6 6 ¢o o d o o O O O O o o o O g o o O o O o o o o o o o O o o o O o o o 0 0 0 o 0 O o O o O O o o o o 0 O o O o O o o o o o _$ $$ $ $$$ $ $ $ $ $ $$$$$$ $ $ $ $ $ $ $ $ $ $ $ o O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O O O O u o o o O O o O o O O O O O O O O o O O O O O O O O O O Q o 0 0 0 0 0 0 0 0 o m o 0 0 0 0 o m g o 0 0 0 0 0 0 0 0 m U E m N y N = c x y E L L R W N O wU U c c R R YV C R 0) F F V `m I- 1- r U r C G w j W G = N C E c= Y w «> o s R J J J J i E c o Q U U u fl' V m J J R U y U C Y W Vf R a O O U U Z u c O O _ R W R Ol R W W _ U y LO 3>> > > > O S C d L E O D 0 0 0 0 Q pp V 6 t=O 00 R A G O G R C V C C c c %= C o D. N V LL O R S IYO A A N W W L >' Z O O m m m mmm m Z N = N N ILO > Q M m m m m m U U U U E O O O m J_ Z Z Z Z Z Z N Z T Q Z op Ill �� tt) N N lD x c m m N M O ��-I O O N m Q Q m N •+ n M N vl V' V '�• M 0 IA N N Vi O N 7 m m o N �, O N N N N N N Z N w Q W � w Z N o 0 o m oo J w lo r .1O-I z Q m o u o 0 0 0 0 0 N N > � m c m tD tD ID ti � w N 0 r O M � N m R N \ C d > N c R� O M c U Oo O rG O � ry > 3 m c c N _ io d o a _ d n p m U t O u Ly dy0, N Li L+ o O n c O o O O a m w @J c v m `d zno 5 a o y o E 3 x x —R a ° d `w =_ R d a o c_ «co '` N u w m u u u c of = y = d d j — a` E O YJ x h O V O p 3 r R R O U d x O o U N LL E W 2o `� u y = m c= a u U u � z c L e `-' y o U d u u E E .-� ON Q c u o E E m .>, o E 3 w R C C v, Lu a a` 1� H O a m` u hd- u h a F a° C 0 0 0 i O o O 0 0 O O 0 0 O O m LA w w O O O O O N O of m N O O N N Q M M O O M M LD LD T Ol n w v O, V N Ol Of O O u', Ln V, Ln N N O O O d 0O O O O O w w Ol 01 Ol 01 .--1 l0 Lo e1 N N O O O oo w O 1� n tOO O to d' O O O O 'O %R O ti 'i w o0 O Ol Oi 01 N 00 N� D 00 Y1 n n m T D 0 n n O O1 O O O V T O, O O LO LD e-1 rl m m m m O o o o N N m o 0 M r1 O, V '� e-I rl e-I H N t0 O w m M Yi M M 1D w aD O1 T LA 01 Oi Ol Ol Oi 01 n f` Ol m Ol 00 00 M N N O O 0 0 e l0 01 m M M b b N N n n M m .-I ei O O w w LO eM rL ry N ,-1 'i O O to an V N m V? (R m e-I ati �/} Vf Y1 T m to t0 Ln IA W V Vf V1 VL VT V! LL N i/? YA N VT N N N N N VT �A Vf �A C F- d n n w Ol O r-1 N m st T L!1 Lo n w m o ri a-1 .-1 e-I '-I N M d' Ln O n w m Low w o Lo o n w n n n n n n n n n n w w w w w w w w to w w w . V N 2 ' m �" �o ti Btiw 2 w gNLo Btiw � o oOoo o o3^Oo o ^ o " o ^ ^ ^ ^ ^ o ^ o ^ o ^ o ^ o ^ o ^ o r, u on n r- n F- n n n n n n Lo d Lo m w Lo ,O ,D n 1p to t0 t0 LD t0 ,D lO a� ao o� V Ln Ln to Ln � in Ln an Ln in Ln Ln T Ln .+ .r Ln Ln an aA Ln T m Ln Ln an of N N N N N N N H N N N N N N N N N N N N N N N N ry N N N N eel ,-1 e-1 e-I '-I rl H e-I ei i-1 e-I el rl ei �-1 r-1 e-I e-I •-I rl ei e-I a-1 e-I rl R R R R R R R R R R R R R R R R R R R R R R R R R R R Y L p 0 O O O O O O O O O O O O O O 0 0 0 0 0 O O O O O O �. U N N N N N N ry N N N N N N N N N N N N N N N N N N N N Q N +d+ } y d C Y N V N ry d 7E w g O E m m }} R o a N oc R o E E } R ? Q C N G`o 3 d = u a o o Z w n x x ¢ 0 3 o y �' > y y c oo L u u = c c y c c '� a' 'u Z a '• u 'U '� 'c c R o a a w w w w O o o ut E 0 V ~• B c0 pq N N C L! c wd- Z L u U d C N R `` O d O?{ O F \ d d � C G y G O C w N R O. E E N c O N O w E L y0„ d O. E EO W U. ._ ¢ 5r O O O. O d N c O N d O >>> > u a m r- O a` �- i- a` a ac U a in u Z a` x O O O O O " coO O N N O O O N O O 0 0 0 `c3 o O O O N w a o o r- u, o + o ry , o o p o p o T o ti o r-1 i-1 V, (n a aH c-1 D7 H N rl N N e-1 N 0o of N I`� n I`. r, r-1 N N m 'i OOl ei to 6 6 6 V 6 M o V rn a o N 0 V o W m d, o, C o V 0 V 0 6 V o V tF a V V p o o p A V o a 0 C 6 O 6 V 0 V 6 N N N N M e-I Ol N � e-I e-I N A to N N H ti V e-I 00 ri e-1 w w t0 00 ob LD 6 N to V, N e-1 r1 co w w a -I w b oo 00 Vf T an T T V, ul O, of Ln N N V1 r-1 LO N N of T .-I N •-1 c-I n n Ci T Ln T T T N T N Lf, a-1 VI n ut ri LA N 6 6 6 0 $ o 6 0 6 6 6 6 0 0 6 0 0 6 6 6 0 6 0 0 6 $ o o o 0 0 O 0 o 0 0 o 0 o 0 o 0 o 0 o o 0 0 0 o r� 0 o 0 0 0 o 0 0 co) o g o 0 0 0 0 $ o 0 0 0 o o 0 0 o 0 0 o 0 o 6 o 0 o 0 6 6 $ o 6 0 6 o g o 0 6 0 0 6 6 0 0 0 0 0 0 o O p o o o o o o o o 0 o o o o 0 o 0 0 o o 0 0 0 0 0 o o o O o o o 0 o 0 0 0 o o O o o O o O o o 0 o o o o o o `" o o o o o o o o 0 ¢ o o o o .-i m o o o m m o o o m o o a o o .-� o o o o o o a c a 0 u w u c w u V y u c o6 Li o c o c ` J N = J a o , oo d = a w oD m u Q o u u n`>o a E U W d d u U d d d d d m O V O E G �..r C o «+ O. W W ad+ E«> GL d C c Q K 'c 'c L' d c0 d W W W 'B '>3 'a V 'O = _ O. E d V R u u v al = V m °� �+ d m > u 30 > c c> R y d u 3 z 'O 'O c m r �. ~ LL d C U m N VO, Voi Vol V=o U_ L a L m 1- N W d d d d � C d R U O O O O _m J J J Z Q m d C Ll m= a s CI O Vd1 N vdi Vol d Q Q W N ti N n N m o N nO O W o W n O T m e-I \ N n n N enM w .-I N O O O T O en -I N n n N pm, O Ln (n tQo N E p w o 0 o m m m .-� m o o .+ .-� M of Z Z Z ei N Ln J rti T R N N N N '-I H oo V N O O N Ln N N N N v w n O 0 oo Ql m p p o d U O N M Z ei N N Ol V, O O H 0 n po ri ei �-1 e-1 e-I O w oo 01 lD N m w of w m ei w to > a r v w Cr w w w N C G ° N yy y yp O Gw. N io csi Q- s 7 z o R w 'o ~ i'n w d d H w c `w m u �. .u.. p C7 m m '> 'O H n e w -- c c c 3 a m f`; z o o o p m > « 0 w O u O a y R a n y E a s m E m o d w o z c R O x w ,� 0. u vl i'n '^ 0 U w w cYi w ¢ z a m wM m 3 a p z c c « LL c o ° T N u m u u s w o 3 m w U u 0 c w c x d d m - u° z u°° c v v^ 3 ry r 3 O N W �' ~ R a l7 l7 R w w N w p w w w= .p •� z Y¢ U q R c a n e« Eo_a A o ff' e c N - >• v ;? wE E o o.2 Ou,u r a L° 1O o o R o W '° u o 0 0 0 > 1O > o ,^�+ w w u u vl N u w r In w u a u w 2 a o u u u 'u 5 z c5 - L a°O i s s a> U i �p c w o0 w m ul V of .i O O' m O o O O o O O O o O m v1 0 0 .-� sl ul m I� 0 0 o 0 0 lO o m o 0 t0 u1 0 0 n l0 w Vl 0 0 0 0 0 !� m m IA m m O O M M V R w O n ri O e-I n O o ei O C 4 Oi li oG aC ID O O t0 to ul tf1 V tT Vl N n1 M Vi of d' ul v1 u1 Oi n M O1 ul I� m M V ct lG t0 I� n 0 E O N N e} e-I c-I N Vl V1 m N N ri .-1 M �-1 .y N N o w o u1 w o 1� 1'•. a/} M M N I� r w m V N t0 t� 1� N N m m V? w O v N M CI' VT to N V! V� e-f •i N N .y* V1 N N N N N N Vl VT VF N N N t/T T V! eel m m t-I e4 m Q p t/T � v/T VT Vf +/1 1A N N VY {? VT t/� N to 4T VT V/ VT VL VF VT N i/Y N V? N M f>•1 m 1h V N R G R r w w w w w w w m O O '-I e N m cY 1 to 1 w w w w w w w w w w w w w m 0 e w w w w w w w w w m m m m m m m m m m m m m m m m m m m m m m m m 0 0 � to m m to to to w m ao w w m m m m e w to to to to �o m to io to to m �o m m m � n ti .+ .-� ey !a ti .+ .-' .-i .a '+ .-i .-� .-i .-� .-i .-t .-� Tag .-i i� N .•a T}q Vl Vl VI Vl N M N O M O M vl O 1!1 M O M O M O N O N O M O M O ul N M M ul M M N V1 M 1!1 tO t!1 O M O N O M O z r r r r r r r r r r r r r r Y C8 o a, O rl N M -Tw Ifl ID N. zo lm0 tm0 n m .-t ti � iO-� ti .`O-i ti V IR Vf 1fl N Vf Ul 1fl N m N Ifl N Y~1 Y~1 N N N N N ry N N N N N N N N N M m m m m m m m m m m m m m m m M M M "� '•'� �� `•'� "'� "'� � � �"� �"'� � � �"� .-I N N N N N N N N N N N N N N N N N N N « > T T> T T> > T T > T > > > T > A >> T A A> T T>>>> T > T T R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R N �-1 ei e•1 ei t-1 e-1 ci �-/ t-I o o 0 o o a o o 0 a o o o o o o o o o eel 0 o o c o t 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N C w ew-I C C.o E a E u 3 t o x vl > E` E o a w a '0 .0 'p, :° u c� o_ n u > w o 0 0 0 o E w m H w ' w w c R E Co O.n m e c c c ti N •l`u� n a w w m c y R Y Y .� �' R w w v _ R w n na 'm a_ c m A v w r o'w °o C. Na6 .wzoaz a'f as .r1w6O.� C_rmw,6 ._ oyNm A« E ..m Eo A « w a=_ 0 m > Q`o o o O p > LL.� > o O O O 0 o o .LLU2 'Dvyl o 0 w r au O ww O r wrv>`y o_ 0 0 0 0 0 0 0 O pp o w w O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 9 90 0 w o0 m O O O O cv O O O O N N O O O O O O O O O e-1 c-1 c-1 . w 'i �-1 oo e-1 oo N N �-1 .-1 m �-f N o N N N h Cil Ol to Yl A CO . M N m 1� m m m m v m m o M y ulvl v v r v c v Zr v v v v v c o m v m v v v c d d d o 0 o b d b d N N d o d d o d o b d o 0 0 o d o o d b d d o .H N N N N m t0 M m ry 1- 11 N N w N av M M m m N N t9 rl N 00 ei c-1 '-1 'i In ul W 00 c-1 Ol m e-1 N t0 H 'i c-1 w wW w w w w wW w w w c-1 N o oo w vl vl ul In ul In ul vl vl m m m m in m m m m m m m m ul ul ul vl in m m m m m ul o d do o d b d o 0 o d o o d d o d d o o d 6 o 0 0 o d d o 0 o d o o o 0 o o o o o o o o o o o o o 0 o o o o 0 o o 0 o o o 0 o o o o o 0 0 o o o o o o o o o o o o o o o o o o o o o 0 o o o o o o o d d d o d o o b d o d d d o d o d o o d d o d d d d o d d d d o d o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o o o o o 0 o o 0 o 0 0 0 0 0 0 0 O o 0 0 o O o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O Q o o o o o o o o o o to w o o o o o o o o o o o o o o o o o o o o o d m V V N N C '6 a 'O '6 •a 'a •6 '6 •o 'a � •O •R vl In j m` c c 0 U U u V U u u u U u u u U w U O O ID w p .Z •• ••� � �o � '� w al w al m m m w m w m w m o �. w C C N C c c C N C C C C c V vl u - O w oA w C9 w w w c J _ G w m m m m m ( mp m m mfp m m m m G y O` o R V U u u V V V u V u 2 u u H w c c c cm cm c c y o o 0 0 r_ E E i i>>> u o �j _ ^ w w w w w w w w w w w w w E v R m m m.� m v a c a a. ? � c E E E E E E E E E E E E E ° z ¢ Q ¢ ¢ ¢ Q ¢ O D 0 0 a o w w o w w w d d wm o r r r r r o 0 0 0 0 0 0 0 0 0 0 0 0 c m A R m m m m c ¢¢ Q Q ¢ w = u « c c c c c c c c c c c c c w °->� U r 3 R R R R R R R R R R R R R w w �3 33 's >' ¢ ¢ ¢ mmmmmmmmmmmmm m m e^•1 tOYf ew-I N N ami �N-I l^D m 0 W_ Owl Z N l101 w w W w s w w w w OC Y Y Y Y w w O w w w w w m rl ri N J C} O Vl H H Q E w lA w w w w w N 0 0 �l w pp O N 30u100000 N C�a �m O J 3 e-1 O a mmmmmmmmmmYYY ly>j p Z N eel N N N N N O O w 0 O O N .-I ¢ w w w w c., w v¢i umi u`ti u�i u�i v�i vai co c m Z N 3 N N z N> >> O o u N N N N N m N o O O > o x ' N in O O O v m •m m M m m m m N ry ^ R m c In g ry N - - - of = w oco w r n m 0 0 0 m ¢ m m N m m w m w E E > m r Q C � w o 3 E R o u eqi =-e m z Zo d 3 p H O w` n a c u_ E VOA VN� F R 'p M 2 R R W Z N Z K N 2 W O (.1 V u O. O m 00 O R V1 = N = O N rti r y O. >> 2 a M a O � + .R`o } L° S o s^ m O w w Q� a > a U Q CaC aT. 3 0 N 0 0 0 9 m m o0 w 00 l0 tD Ol 01 n h ul N M O O O N u1 O IA O OY O n O1 O n N n w h O M at n Ln O O W co m n o w 00 h n h V O '7' N O N O O O V O O N N lD a w O O C O O O g O O �-1 O �••1 o0 O o0 W E Oi O m m m 01 Ol m m m m a••I '•i n h O t0 l0 l0 tD V t0 a0 1� V1 C N VI W t 00 a -I ao ti n O O a0 n N Q M N N ati .i l0 O tD e-I .i O rti H mw O a0 m OD h oo m m N N o m O O Vi V1 ul C = ati q ti e-I a -I M i/} i/! Vf VA of V} M lD m n h aR VIry O V) N N Vf n h N N i/} VI lD N m er tA, i/� i/f M N M a-i ff N M m Im n h m M V1 CO O V1 M m p NNN .0 VY i/� NNN � � lA VY frl a N iA i/T i/f V V V) VI i/T iA frf N Vf i/} V! VT N in iA N VY VT VF i/Y G R F N N O M to O O C' O N O w O n n O O o0 O m O O O O rti e•I H rti eti N rl M s-I a s r♦ e-I m a-1 t0 n c0 m O O 'i M 1� r-1 e4 � M '-I aR. M r•1 I� M N � e-I a-1 M M O e•I aR+ e-I M r 'i r-1 r••1 aR+ M H � M e+ r-1 aR+ '-I e-I aR+ a••1 ei e-I R �.-� r•i ay c-1 '-I ry N N a• -I e-I O O O O O O O O O O O N M O O O O M O O M O .Y N m V M 1- w l0 h F oD m h- m O I- .•i f• F N M h R F- N b o H F- h 00 F m H O u N O O h h O h O h O C.O h h h O ei h h rl r4 r•i h h r•i h r•i a•i a•i r•i N t rY rY ry r•1 nl ei r4 a-1 rY e•I e•i h h e•I ry h h H rl h N U Ln Vf VI VI 1f1 In VI Vf VI VI VI V/ V1 VI V1 VI N m VI Vf m VI VI m N M M N ry m N m N M N m M N N m N M N m M M N N N M N M N M N M M N N M N M N M M m M M y> T >• R R > R > A R >> R > R >• T T T R R R > R T R T R T T T > R N T R N > N > N N T T R �R''• cRR ccR ccR cR cR GGR ycR- R R R Y r•1 e-I ati e-I N a-1 rl r-'I e-1 r•1 e-I a--1 r-1 ti e-I ati c-I a -I rl r•i rti e•i r•i ri H '-I e•1 e-I e-I a-1 r4 '•I UR o N o o N O O O 0 O o o O O O o o O o o o O ry N O o o O O o o N ry O o O o O N N N N N Y -1W q N � N nd m m •a R TL' a s ai ti a R R c :o 7 a E E o o y E p E o o ai c = Dom a n. w « c m t Q 3 a n. c •` w w _ q y c cc o o n �, a w '^ r ti v m 'u c o N .� a e ° N U U G N Yyy Yyy p i0 o o y N N O. w R '� u W R a O. N W ~ to y= cc Ec E E 'E 10 C w O O qq� Z. $ w w '" w g M m f0 .� a '�^ m E a s d 'u 4 ac u u O O 0 V d O a a o oc H a r O 'A u U 0 O 0 o O O 0 O 0 O 0 O m CO GO o O o O o to to O O O I IVN o o 0 0 O O o 0 O o 0 0 o o 00 N N rti c-1 ati a-1 ri N r-1 c-1 c-1 c-1 dl c-1 11 00 rti e�l T O VI O ati 1; d d d d d d d d d6 d d d d d, d d d d d d d d d d d m N N e-I N M N N a-1 e-I ry l0 w e-I ry N W lD N fV 4p ry N N N CO e-I eel ey N N 00 r•i rti N lD n N N m a-1 ul u1 N N N m ry N e-1 N l!1 ul N N r-1 rti N 1p n e-I N a-1 N I!1 V1 e-1 N V) d V1 VI d d Vf d Vl d V1 d Vl Vl d d Vf d Vf d Vl Vl V1 d d d Vf d V1 d Vf d VI VI d d V) V) Vf V1 V1 V1 V1 0 o o o o 0 o o O o o o o o 0 o o o d o d o d 0 d 0 d o d d o 0 O d o O d d O d O d O d O O d d O d o d O O O $ d d o d O d O d o 0 d d O d O d O d O d O d O O d d 0 o 0 0 o o o o o o 0 o 0 0 o 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 99 y: 0 0 ti o o o i 0 o s o o A A A o o o � o N o i o N� 0 o . 0 A o A o N A o A r o o 4 o o o o o o o o m o o o o m o c o o o o o o $ o 0 o C E N u J y R U c 0 a a n• u E Eo m w u_ c c c t u = 2 rR.r N >, N W N V) V) t u YyR- a+ R u U m A �• c R 'a c a a R V) iA N J J E 4o W li G G R H _ _ Z u ++ ♦. q Q q '6 '6 c u U M U b0 W) w O O O > > > w r Y N Z > V O O V V U u U R R 0 0 N O G1 W W 00 R LL c= ii ii LL i O A O R W N M Q r•i a-i Z Z S eti a-1 W N lD X n M d n M (O Z N V} 1p N V1 H N a -I E N ry N M n O n O n O \ O q lD Q V O m ci rti p G) ti N O Ln w w \ n ry� Z m O n N N c-I y,� n n m 00 l0 O Z O O N N 1p 1p q y. a C Y y M I= z m o r-I l0 ci rH W y O O M n to N w V) lmi LL LL X M X ii w r•-I a-1 > ci m m m m m m g m X X ^ z ai v O O o u m .+ N W N o G N N N �p 0 �� o � W � N N O V1 x u Q c O w o0 c d _ > 0 C O U R Q = ; K O ; Y w l7 OLL O N amVI O) W R t c W Z N U R bB O Q O N m > � u cps a w o m zp 'R z y e w c E r y o E = u16i 0. r r 0 - w a - d c oo co a�. 7 M m 0 0 m m 0 0 a N O 0 0 m- N 0 o 0 0 m m w co m n m n n n w'0 N N n n ry N w �D w (0 W W 00 D tD O o V1 0 m O O o w w w Q O m M lO tO O O ei �-1 m N O e-1 N N 0 0 m M M N Vf M M d' C W bD I� m M. M lrl m N V1 V Q N N c-I .-I c-I ei m V R n n 0 0 0 O V w V 0 �O ee{{ e-I n N N N lG tC 0 bb i 6 0 0� Q m DD b0 N V1 T O er m m m M lO ea W of p N YY V/ VT u1 N N ^ Vf Vf N i/} N VT V? iA VF N N i/Y VY VF i? rl rl N N C R r eel R N m M m Q N lO n co m O eel N M d' V V N lO 10 N N N N N N N N N N N m m M M M M M M M M N N N N N N aR N N N `+4 N � N .-� .9 N .� « .-� 3 O a r O r O O r r O r O r O O r r O r N O r N o r N N O r N N N O r O N O r r N N O O r r Y a-1 N M Y1 tO n o0 m O .ti N M v v110 'O u N R n N n N N n n N n N n N N n n N n M M M M M M m O: L ei U 1ff .y If1 e1 'i Vf to LM N ei N vi LM N N ei 1fl n �-1 N n rl of n ei I!1 n r1 V1 n n H ei N N i. 1p Lm i N C7 m M M M M M m M m M M m m m M M m m m m m N R > R N > R N N N T } } R R R N > R N > R N T R N A R N > N } N > N > N } N T N N N T } T N > N N A > � R R R R R R R R R R R R Y N e-I e-I �-1 •i rl ei ei ei N L O O 0 0 0 O O O 0 0 O a-i O 0 O a O O 0 0 0 O O 0 0 +d+ N N L OO N N u z 4 co m m a a c y ._•° m y y = c a 3OZ m o c n m d m 'tt66 Q d w u u U w W C u L h G nb N C u > y a U y u Z W L O G C m tub W 0 N to m N p 3 vai 3 Q 4 ao O a a 0 a w ¢ U ¢ a up H O a 0 v 0 o 0 o o N N v o o a 0 o o 0 n 0 o 0 0 0 0 0 0 o 0 N 0 0 0 o 0 0 0 0 0 0 o v '-1 N �-1 a-1 01 c-1 fV sH fV 'd' m rl N N N n s-1 QI m o m d a a a d d d v d a o v A v d v d m o v o v d c o o d a a v d d o a d m y b d N Ro lO 17 O OP N lO `-1 T N m IV N tO IV N bO m rl ei ey 10 w w w tO l0 N 00 00 N N N N N N N N N N N N N N N N N N N N N 6 d o 0 o b d d o 0 o 6 g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d d d d d d o d 6 o o d d o b o o d d d d 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O O 0 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 o 0 U c O UO r r L1 C u R � u C W o c C v C u _ W N O G C d U U G O } 0 w O E E Z O m O r r v r w N N N W � �>. 'a W 4O0 -0 U R ° e O $ Y = e c c d w 3 3 R R R s bo = > O O O a a a vRi vi v°'i vp� vai n H V d 0 O n N U Wp 0 m N n m N 0 .-� N u lD m t0 n ci N n Q N N N N N N m m CO sy lO m N 2 o m v 'L v a c N z z o m m vmi 0 oZi u r co Goo Goo ZW 0 "' 10 i g .�-� .�-� .+ bo ccm m m c o_ M \ N v ul N N N N e-1 N O N \ N v N r n 0� ((0 0 0 0 (O e9 O Oql I� O t�0{ pp p M r M O O r N O d N (OppNp M N c0 N m (0 ao O 0 7 M TD p M o �Np o q 41 O W N �_ m N r ) pN_ (O' dT I� (`M')_ aD c�0. N I� t17 M O O �0 R O� O f7 O T If1 pp tl! N N NE9 E9 � � M a N O +� N fR H N m Oi NJ V oD aD M a0 oD N N t0 f� 01 N P N w m 01 N Of E9 E9 � rfA Eg N rEA rtfJ O VT E9 Efl � E9 � HM4 � co d9 � (9 N N �L V 6% �' �. v oa oQ N O N I� Ni (0 M m (O I- N c0 I O Eg h (�') O (+D 'R (p N N CO r (O I� M Cl, (O Of N l0 O 1, O (0 O O aD 7 N O o (0 OD N I� t0 M O� M N Ki O1 M fg NS �} O M OD (O :I. I-- CD VD.cM 7 M N lq (O V� 0D Lq M Ifi I� V} O q O A r 11 r r O (O (O oo (O (f) (C N V O (q oD N l cD aD P, N V h le�� 1n (O V cljeeLd} �� EA E94fT N Nfli MEq ��� �6,4 M �� (e+�1 3 O +� E9 3 �i N a O a N F (f W 0, Z Z ma W cc 0 > R m) m NI"(100 N NM OW O m P) M d1 \O 0(0 NO wU) 0 m N (h N co ao O) V N (h h (() (f) N In N r M CD N M n N �Np pj N Oj (O n MM N EA coo r m N a r EA N f`D EA EA E9 EFi H3 N Eq6,91Eg N Eg M Ln HT VJ E9 0 0 0 0 0 0 0° e e e o° \ (op 0 ee\ o�p e N LO CON V aD 0D W 10 O O M EO (^p O S cMj O h 00 c0 M (`D O h O) LA O (0 (.) N Oi f9 T (0 W (D O O pj 0D O G c 6 (p (0 Cl)V N M -It N N 'R M �- V (O (0 M d' (7 m o rn (7 LO O O O 7 O � M} O Oq pO O (O pOp c! pO Q N O M m O m O O c0 EH eM{ p � Oy p O (O pp O q 6 a) V O A c) mV O N M� p N T N H1 o(� o Z N (n to Y3 Eg EF) O Eq (9 E9 d; (0 �. Q EA E9 EFT dT MO �V O N O w 0N� r, r f; N O ap R('� ah mV (Ij N W (00 Lo N co O Cf CO N N N m E9 E9 E9 EH E9 03 E9 E9 O 619. u) y0} EO N lQ I` m N U) O m N O O O (0(099pp p m M o co M o o n W N O 0mD f9 av3 EH 0�EFT H to 1fA N N M ^ N Eg yP N N CL LL co N N c O D) (i LL d O H _ d w E c> d~ m a ti c xx j a c 0 a�i N d j 3 m o~ c0 � cz W N m N>>�� C LL O� C c r w >O c 11 ¢ a LL C a Im o (D-OcE)(u co tic �LLYcxpt o E m m N C O ctS cT c c °) w syy C C`OS c) d 'p. U r F- !0 N0-(A 0 mJ—Ll LL d `! R O 20 (9 to H 0 H O V N o 7 r (00 O O aD r 7 N N I� (O N M M LO O V V r m 0 O) c co O N N o vS o N ao v o (o M (� (o u) (9 n D 61� O N N m V A N z N N E O) � EfT E9 E9 E9 E9 E9 c fq E9 Eg EA E9 M H M CMcoaD T^ N c r O Cl) O M of N O O O (O ci G C1 M C Oi (V trj ITN N M O N N m M M N m M Mtj. N M .- M M 9 pp O p N p p O 10 0D p ( (o rM O Obi Or m O T r N h 0 f9 O O O aND p r N c O m (0 N 0 0 0 aD O try r p M O oD I� M (0 m r n N M N e} ep� Efl E9 st 69 molzrN n c0 0 (O a O m(0 (00 N m O N Iw N N O m c0 V' 0) (y �y (� 4D 0p (fj M h (O M OD O) (O M M N O q N p� 1 M (y E9 E9 ER �3 VT EFT (D 6M9 ffl ER H M m N � E9 O m (0 O (0 m h pp N O O t� m 1. E9 I, E9 't 10 (fl Lf) fq ( , If) ((pp N N O (0 `d' I� V N 61 V' r� N(� N NEq d9 � N La N N N N. Y3 E9 EFT E9 ENA tq 4T 04 (.q Q O ` �n c ~ � ,N U) a d 3 (n c a 0 Z CL I �- LL ¢ *Nc-.2Cl co,)-m W�dx ac -0 °O>c a)xcULLL LL > o)nc: E o m-czC', O n LLc? 'a NcNU jV wOL ayOiWp) °dN o) T L Ll �"0N�WO La 0 J�w L_j0 L Li 0 LLa (mca 20 0 wm L-UH M N a 615. EFo 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 2010 - 2016 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 2010.2016 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 2010 - 2016 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 2010 - 2019 ITEM CA-10 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 201 0 - 20'16 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 2010 - 2016 ITEM CA-10 Deluty Prosecuting 4ttoma Date City ofServices Page 14Sf 21 2010-2016 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 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 2010 - 2015 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 2010 - 2016 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 2010 - 2016 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 City of Medina Interlocal Agreement for Jail Services Page 6 of 18 2010 - 2016 ITEM CA-10 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 City of Medina Interlocal Agreement for Jail Services Page 7 of 18 2010 - 2016 ITEM CA-10 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 2010 - 2016 ITEM CA-10 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 City of Medina Interlocal Agreement for Jail Services Page 8 of 18 2010 - 2016 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 2010 - 2016 ITEM CA-10 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 2010 - 2016 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 2010 - 2016 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. City of Medina Interlocal Agreement for Jail Services Page 13 of 18 2010 - 2016 ITEM CA-10 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. City of Medina Intedocal Agreement for Jail Services Page 14 of 18 2010 - 2016 ITEM CA-10 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." City of Medina Interlocal Agreement for Jail Services Page 15 of 18 2010 - 2016 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. City of Medina Interlocal Agreement for Jail Services Page 16 of 18 2010 - 2016 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 City of Medina Interlocal Agreement for Jail Services Page 17 of 18 2010 - 2016 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 2010 - 2016 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., QF MME NA t t 1 NE 3�J13_ - ^_-__— Y7101 1 �tarsf M. 111 I% 24 t SEC. - ---- --'-- s' ..-'"a Ii I 1 ` Vwr4mL �2RIei a _ 308i IT1V�E U$ 8T 'S 1 T16NS SFINENT 6,85 I 110io, LT.] ------------------------------------ P.\ S76'29'44" E SR 520 MAT MINE SEE SHEET NO. 3 t150' LT. ITEM CA-12 LEGEND ACCESS TO Be PROMIS31CO SHOWN THUS PROPERTY OWNERSHIP NUMBERS Q PROPERTY LINES .-••--•.•---•- 0 so too SCALE IN FEET AREA TMENT I110" LT.1 7 1 305+t75.16 Og0'CT... i71f� , i140 L7.1 L/A ►l1YlJI7777 - 1 t 1 1 I122.73' LT.) ----- .-- --------------- 1 ROSSING t + j 1-------- - ---- " -- --- --'T 1 t--;- WSOOT^GPlIS20-126 1 ! 1 305+91.55 305 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 DAVL13 EVA14S —ASSOCIATES — 4a-ifCAAfam AY B>pvrYeSaTf,No1�eB006.%+b WY.0 �idUb® ,v O 2 1-- Ld U, 2 CA IYl IL lA A J U Z TO BELLEVUE SR 520 EVERGREEN POINT BRIDGE TO SR 405 VICINITY S 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 AR ` OLYMPIA. WASHINGTON �d APPROVED ^. AND ADOPTED .ANTE 2% 2005 rroxAl. s� /hsJd PROJECT ENGINEER R1GH DF WAY PLANS KGINEER --Z,�'i�/8/,T Rrw SR 520f61. 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 Easement Area .-- N.T.S. Eastdde C TTickw Consb doors ] _ / o \ \ 2. f§f \ \ \ \ \ \ \ \ \ \ ) § - -o / 4d \� E 0 W / ) ) : § F- 5 e ± & z ra e ■ � \// � e § u / / Lu ° ±%)\ m2o CAw ce o� �\o 2 \\/k ° `® �Co 2 o /$; a /\ƒ2 e = 2 = CL U Z 15 )\. � S- Z 22\} O u0C: � �»$j \}_\m °o k0 Z // u \\Cc§ 2 �E= m a8){ !-C c o�u= 2 2 E � X Uj \\\ \\\7 §{7& k f {= a. 2 z � . £ � M M 2� � � 2 a /\\ \ \\§ \ \ $ % z *}/ ��- J$ k§ \\u � \u §(� m2\ _ z \j} « 0 �( 2 §cli §z O ! m �)§ 40 u 0Cc u //{U � 252a .±ƒ§f. 00 cu 0 G) E _ m /\-a/ 2 @@/f X w dm EXHIBIT A - EASEMENT AREA Easement Area 0;: N.T.S. ma Eastdde Coffidor Ct1nsbvcto s Q % � \\� 0 lw k \ } ) }�0 e!a /) c / ) : § E et / . z a / � 77 � 'E } M ±%§� 2 m20 k( cu /\-0 ƒ®) § S/§ƒ ® 4i ; wo E Z [i/f CL06 /«\m LU u-0 Z \§\} uC) �»�k V \@cc \\ 0c fc7& � Q O mu r E LU V k\ K/ m \8&{ � »a/� . o®uF Co % / 2 / � X w ` $ - u _ _ M( !�\ ;®I� aE£) jf§ z � CL ~ 2 2/ LL � 2 a -2 f/ ! \\\ \ / )) is o \ � /\\ \ \\k \ . ] � z cli bo . \ M ( Q/m /mfu E r— 0 [ » j = ° 2 E §=\m a 0Z §@ \/;ƒ �2 0 222E Q \ / � k °c-° u O ƒ%> � CL U a) §7fu U u a m co c Z ox a § x LLJ 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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; 2of3 1 3 5 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 38 39 40 41 42 43 VI 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. F- ; r F- W �- Mu% LLW N LL W O LL W LL LLW W O ZCC `oWF' WF- `oWF- F- F- oW OW a LUo �0w °.W Z0W W W �d � � o cm cm cE_ m Q o p co c V) 0 U N 6 0 O O O R O O O O fp <0 Mm c0 oim cD com c0 LE LA mm�m m � 0 o a oo o o 0 0 o 0 0 0 0 0 0 0 o 0 0 F. w w 010 OC o O O 0 n 0 0 O 0 O 0 O 0 0 N 0 O 0 O IL `m E T Z Z O a c w1 O 25 Z a" °a aV d L U qtc W � a N > d E Y R N O C Y E N N N N N E N E`uj E E E E E > Oa Og. O OOU y E gC t E'm t E• E• E- g t 0N N m f0 m C C U a C O m C m C m C m C m G Q a yQ m N N N N N 01 N = c t N O L a > o O'- a o O c LL o 0 a- O a O a O E_ O E_ E o o.m'm E d a nd E- nm E- a E a E a E a E a E a E O O 00 E N t0 N mt N (tl U f0 U f0 t0 t6 c0 �6 m m a�oa-0a f- U a o o m " o U) - > (A > (n (n (n (f1 Z N J � C C N O W N W c C z m z O N W N N W W O d F- VI N = V1 N N Q Q ¢ Q N m O Y N z L N z W z m m N z L O �n z N a Z m W a 0 z 0-J F N m m N a C Q Q a F 2 d > o o d d m U W> O E L E O c c E z U a U LL J> a O L R a Y N ry m ry m L V N Q a N Y AN a a lG N L N M a Q Z C) Q Z Y J N Z N O N W N W Z n Z N Iz Z a Lu 2-Q Z IN - 0 O a 0 a 0. 0,cai � O m Ir Z^ OJ d j N N W J a¢ N a y F , W Z U W Z a c (n E W Z E �j W Z W Z Z m F tz r Z M w Z W Y d d 'o L ai L a) 0 a L7 N rdi Q Q `pl N Q c0 Q Q a Q L) �- Z N W L N > L N M W N W L N W L L L CC M S z a a a O 0 m W Z Z h Z N N c2 c2LU 0 W W W 0 >- >- } W a v O O O O O O O O O O O c G co W N H y N N N N N N N N N N N IL n n ^ m W O 0 0 0 D W N N N N N N F ir N Z o 0 0 ycm V cm C-A 0 0 N N m O C U N � a E -oa N C N N a�� a w N U m N mot d = ELF a U Y O TO O O LU `m n 000- m o V G 'E A tO C U O T N C Oa F O N O N 3 C N L U C O c_ m E m o m o `m m n c ccd E to > 10 s c aR N y E R o n E N N o m N m m d O N U _ 0 3 W N £V N 7 o N 5 F m Z N to R + QQC > T t > O o O 7 m n a i1 N N E a m m `o r a 6 3N O= E O m N O O Y = U J 3 O m > C v U h O U a E'"> C O� N O .N_. q O. O � O > N 7 .O- 1, O. n n n u —u uj 0. } � > 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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; 1 of 4 ITEM OB - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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. 2of4 ITEM OB - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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: 3of4 ITEM OB - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 26 27 28 29 30 31 32 33 34 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 4of4 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 �y of 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