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HomeMy WebLinkAbout11-14-2011 - Agenda Packet4,y of MF% 9 MEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING AGENDA sH,r,GO Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina MONDAY, NOVEMBER 14,2011 5:30 PM MAYOR BRET JORDAN CITY MANAGER COUNCIL MEMBERS DONNA HANSON PATRICK BOYD DOUG DICHARRY CITY ATTORNEY JANIE LEE BRUCE DISEND MARK NELSON KATIE PHELPS CITY CLERK SHAWN WHITNEY RACHEL BAKER SPECIAL MEETING 5:30 PM 1. Community Meet and Greet: Police Chief Mark Thomas REGULAR MEETING 6:30 PM ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION P-1: Swear in Police Chief Mark Thomas APPROVAL OF MEETING AGENDA PUBLIC COMMENT PERIOD At this time, citizens may address the City Council regarding any issue related to city business, excludingpublichearings. To ensure equal opportunity for the public to comment, a speaker's comments shall be limited to three minutes per person, per meeting. Those who have service requests or complaints are encouraged to first bring such matters to the city manager for prompt attention and resolution. Council meetings are business meetings where City Council may hear from residents and take action on official City business. In order to accomplish all the business on the agenda and be respectful of everyone's time, Council Members will not be able to engage in dialogue with individual members of the audience. REPORTS AND ANNOUNCEMENTS RA-1: Mayor RA-2: Council RA-3: Advisory Boards/Commissions/Committees RA-4: City Manager/Staff Medina City Hall/501 Evergreen Point Road/PO Box 144/Medina, WA 98039 425-233-64001 www.medina-wa.qov CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA-1: Approval of October 10, 2011 City Council Regular Meeting Minutes CA-2: Approval of October 24, 2011 City Council Special Meeting Minutes CA-3: Approval of October, 2011 Check Register CA-4: Adoption of Ordinance Amending 2011 Annual Budget (Amendment C) CA-5: Approval of Revised Fee Schedule and Resolution Adopting Fee Schedule CA-6: Approval of Resolution Adopting GASB 54 CA-7: Approval of Interlocal Agreement for Jail Services with King County CA-8: Approval of Fire Services Agreement with City of Bellevue CA-9: Receipt of Approved July 18, 2011 Park Board Meeting Minutes CA-10: Receipt of Approved July 20, 2011 Emergency Committee Meeting Minutes CA-11: Receipt of Approved September 28, 2011 Planning Commission Meeting Minutes CA-12: Approval of Resolution to Adopt NORCOM 2012 Annual Budget PUBLIC HEARINGS/OTHER BUSINESS PH-1: 2012 Property Tax Levy OB-1: Property Tax Levy Resolution Adopting of 2012 Property Tax Levy PH-2: 2012 Preliminary Annual Budget OTHER BUSINESS OB-2 Adoption of 2012 Franchise Fee Ordinance OB-3: Adoption of 2012 Utility Tax Ordinance OB-4: Budget Ordinance Adopting 2012 Annual Budget and 2012 Salary Schedule OB-5: Authorize Design for 84 Avenue Northeast Improvement Project OB-6: Building Permit Application Code Update OB-7: City Council Guidelines OB-8: City Council Agenda Calendar PUBLIC COMMENT Comment period limited to ten minutes. Speaker comments limited to one minute per person. Medina City Council November 14, 2011 Page 2 of 3 EXECUTIVE SESSION ES-1: RCW 42.30.140(4)(a) related to collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by thegoverningbodyduringthecourseofanycollectivebargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. ES-2: RCW 42.30.110 (1)(i)To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or 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, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. ES-3: RCW 42.30.110 (1)(g)To review the performance of a public employee. ADJOURNMENT Next Regular Meeting: Monday, December 12, 2011; 6:30 pm SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHTTO YOUR EMAIL INBOX! Visit www.medina-wa.gov and click on E-Notice Program. Medina City Council November 14, 2011 Page 3 of 3 of ME% ITEM RA-4 CITY OF MEDINA Office of the City Manager Date November 14, 2011 To: Mayor and City Council From: Donna Hanson, City Manager Subject: City Manager Report 1. Don't forget the coffee hour introducing Mark Thomas to those in the community who would like to chat informally. We will have the Chambers set up from 5:30 to 6:30, prior to the Regular Council meeting on November 14, 2011. 2. Also a reminder about the community food drive with baskets located here in CityHallforanyonewhowishestodonate. 3. Each year, Allied Waste Services prepares for major winter storm events that may delay or disrupt garbage and recycling services. Their number one priority is always safety for their drivers and other vehicles that may be on the road. Service priority will be garbage collection (essential services first, such as hospitals, then residential and commercial) followed by recycling and yard waste. Allied has provided the following procedure during winter storm events. Allied will monitor the weather, and if snow or frozen rain is predicted, supervisors will test-run the routes beginning at 1 a.m. At 3 a.m. they will make an initial go/no-go decision. Allied employees will be informed via call-in line to indicate what routes will be running. Drivers will come to the yard and prep their trucks for the day's collection. Once the trucks are on the road they continue to analyze road conditions for everyone's safety, and will make the final go/no-go decision at 6:30 a.m. Allied asks customers to remember that the entire route from the yard, throughout the city, and to the transfer station and/or landfill has to be considered in the safety determination. In the case of a prolonged weather event that makes driving large trucks on local roadways unsafe, Medina Park parking lot will be provided as a centralized collection site and will be used during a post-event clean-up. 4. NORCOM dispatch has been under the direction of a contract Executive Director for the past three years. That individual has submitted their notice to terminate the contract effective the end of November. I am a member of the long range planning committee for NORCOM and we have been asked to screen applicants for an Interim Director. We will screen those candidates this week and make a recommendation to the full Board prior to the end of the month. Most likely NORCOM will then begin a nationwide recruitment process to the permanent Executive Director. In the meantime, the Board is being very deliberate to ensure smooth operations at the dispatch center for all our jurisdictions. 1, f of M 04/9 ITEM RA-4 CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 ( MEDINA WA 98039-0144114SFNG1dTELEPHONE425-233-6400 I www.medina-wa.gov November 9,2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Rachel Baker, Central Services Subject: Central Services Department Monthly Report November& December Public Meetings and Events Event Date Time Location Community Meet&Greet: Police Chief Thomas Nov 14 5:30 pm Medina City Hall City Council Regular Meeting&Public Hearings Nov 14 6:30 pm Medina City Hall Good To Go Pass Sales Nov 15 11 am to 4 pm Medina City Hall Hearing Examiner(tentative date/time) Nov 16 5:30 pm Medina City Hall Emergency Committee Meeting Nov 16 7:00 pm Medina City Call Park Board Meeting Nov 21 6:00 pm Medina City Hall Thanksgiving Observed,City Hall Closed Nov 24,25 Planning Commission Meeting(special date) Nov 28 6:00 pm Medina City Hall Holiday Gift Drive Benefiting Childhaven Beginning Nov 30 Medina City Hall State Route 520 Bridge Tolling Begins December http://www.wsdot.wa.gov/Tolling/520/ Good To Go Pass Sales Dec 2 11 am to 4 pm Medina City Hall City Council Regular Meeting Dec 12 6:30 pm Medina City Hall Holiday Food Drive Benefiting Hopelink Through Dec 16 Medina City Hall Park Board Meeting Dec 19 6:00 pm Medina City Hall Hearing Examiner(tentative date/time) Dec 21 5:30 pm Medina City Hall Christmas Day Observed,City Hall Closed Dec 26 Planning Commission Meeting(special date) Dec 28 6:00 pm Medina City Hall 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. Communication/Outreach Between October 6 and November 8,32 notices were issued via GovDelivery.A detailed report is attached. Currently e-notices have the potential to reach 1,504 individual subscriber profiles with a total of 11,189 subscriptions.There were 207 new and 115 deleted individual subscription profiles since last month's report. To date the City has issued 14 postcards, including nine council, one park board,two shoreline, one communication tower,and one for the 84 Avenue Northeast Overlay and Corridor Improvement Project. Staff plan to release three additional postcards by year-end,two city council related editions and one for the Shoreline Master Program. ITEM RA-4 Public Records Requests Approximately 222 public records requests were received by the city clerk's office between January 1 and November 8 of this year. During the same period in 2010, 121 requests were received out of a total of 146 for the year. In addition to frequently answering customary requests,staff steadfastly continues to collect and review records for and regularly respond to nine outstanding broadly-scoped requests. Passports A total of 246 passport applications have been processed by department staff during 2011,an increase of 20 since last month's report. A total of 295 were processed during the same period in 2010. Allied Waste Collection See attached brochure from Allied Waste concerning waste collection during and after winter storm events. Questions related to waste collection can be answered by visiting its website at www.alliedwastenorthwest.com or directed to 206-682-9730. Annual Food Drive and Giving Tree City staff is again sponsoring a community food drive to benefit eastside Hopelink. Items needed include: cooking oil,potatoes,onions,stuffing,juice,olives,flour,sugar,canned pumpkin,canned tuna fish, peanut butter, pasta, rice,cereal,soup,canned fruit and tomato products, baking mixes, and baby food. Donations may be dropped off at City Hall during business hours until December 16. Contributions from the Medina community are valued and appreciated. A holiday giving tree will be placed at City Hall again this year and gift tags will be available beginning November 30. Donations will benefit Childhaven.Community support is always welcomed and appreciated. SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.gov and click on E-Notice Program. 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An Important Wintery Storm Message from pr----\--y11113.14,4,4:-.;;;'-: a 1 N h ate. 617%4',414--t-- - hey fie sl o1a 5 `+ Here's what to expect: If weather conditions prevent the safe collection of curbside garbage,recycling or yard waste, please remove your carts from the street by the . end of the day. u 4:ter the st caw x. . ...,„„--- r,„-On your next regularly scheduled collection iIA day,up to twice the regular amount of garbage more information on reverse)will be collected; for no additional charge.Billing credits will note be issued for delayed collection due to inclement : weather. Questions?Call Allied Waste . ty 206-682-9730 iitti+I. www.AfhedWasteNorthwest.com , Ourwebsite is updated frequently during unsafecond&LOns x to g dikk X0.0 i v '° rte:; 3 x. z - r -:d 1'f A 1,1 On your next regularly scheduled collection day: Extra Garbage:Place securely tied plastic „ bags labeled°GARBAGE"(max.65-Ib.weight` limit) next to the cart or 32-gallon lidded Extra Recycling:Box,bundle or place in ;.: ) b• rown paper bags,label"RECYCLING,"and E place next to recycling cart.Please do NOTgr. r ,place recycling in plastic bags. ,i5 E• xtra Yard Debris:Label"YARD°and place ;, next to cart. NO food scraps outside of cart. :f" i: Please do NOT use plastic bags.You may use: y Kraft paper bags and place next to food/ fi yard cart(available at hardware stores) 4,,,-,-,... * 32-gallon cans with handles and lids h5 lb.limit) r- Bundles(4'x2'limit)tied with twine S tor mire it!fbrmafilbn during a weather event . . wrnrw.AIliedWasteNorthwest.COm .Y Our wetbsite is updatedfrequently duringunsafe conditions.t Questions?Call Allied Waste 206-682-9730 b x.. xt,, t314.: 4*,,,:e404;c41.,=.:13t.;_v...a. so,. ••••••• r,„2,14..--,,„=„„,„„.,,„,,f-..-._fie.,',.,,,,,..,..., i ITEM RA-4 y of MFp41, CITY OF MEDINA Office of the City Manager November 14, 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 continued discussions on the shoreline master program update. The majority of the discussion focused on shoreline setback related items — primarily additional nonconforming protections and shoreline setback intrusions. There was a consensus to include nonconforming patios and deck into a provision that allows 100 percent rebuild within the existing footprint. The commissioners also wanted to review examples of the listed structure intrusions into shoreline setback in order to evaluate whether the current approach or an alternative approach for intrusions is best. Staff also went over formatting and editing changes to the chapter on shoreline modifications, and there was discussion on changes to the section on tree management and vegetation conservation. The commissioners continued the discussion to the next meeting. Staff briefed the commissioners on a related code amendment to consolidate all of the development permits under Subtitle 20.7. The shoreline master program guidelines do not require administrative provisions to be included in the shoreline master program. However, Ecology must still review administrative provisions, including permitting provisions, for consistency with state law. Currently the city has review procedures for shoreline permits, but does not have administrative provisions. Since, as part of creating a Unified Development Code, all the development permits, including shoreline permits, were to be consolidated into Subtitle 20.7, it is being recommended to do this now rather than incrementally. One important proposed change is to allow less significant substantial development permits to be a Type 2 Decision decided by staff rather than a Type 3 Decision requiring a public hearing. Finally, the Planning Commission began discussion on its 2012 work program. It was decided to discuss this in greater detail at the November meeting. Hearing Examiner Decisions: None 1 ITEM RA-4 Land Use Administrative Decisions: Approved, subject to conditions, a Temporary Use Permit (File No. 279) to install a temporary wireless communication facility. The location is the North side of SR 520, west of Evergreen Point Road (Northeast corner of the SR 520 construction staging area). The applicant is Bill Powell, Cascadia PM for Verizon Corporation. Land Use Decisions Issued For 2011: Type of Decision 2011 YTD Variances/ Minor Deviations 1 SEPA 4 Conditional Uses/ Special Uses 2 Substantial Development Permit 1 Lot Line Adjustments 3 Short Subdivisions 0 Site Plan Reviews 0 Wireless Facilities 2 Non-admin Tree Remove/Trim 4 Temporary Use Permit 2 Land Use Applications Received in September: Case Number Description of Permit Location SDP 2011-08 Substantial development permit 8925 Groat Point Drive to construct a new single-family dwelling and various other site improvements Building/ ROW Permit Applications Received — Oct 1 through Oct 31, 2011: Building Permits: 6 Grading/ Drainage 2 Demolition Permits: 2 Fence: 0 Mechanical:2 Reroof: 1 Fire Sprinkler: 0 Right-of-way Permits 4 Total: 17 Building Permits Issued in September 2011: See Attached. Other Items of Interest: Good to Go Passes: The WSDOT team issuing Good To Go passes for tolling on the SR 520 Bridge will be in Medina on November 15 from 11:00 am to 4:00 pm, and again on December 2 from 11:00 am to 4:00 pm. They will be located in the lobby area of City Hall selling the Good To Go passes. WSDOT is expected to announce a start date for tolling on November 14th, and they also expect about 150,000 people will try and buy passes all at the same time with the anticipation of tolls starting in December. 2 illl ITEM RA-4 Countywide Affordable Housing Targets. At the King County Planning Director's meeting there was discussion about future changes to the King Countywide Planning Policies regarding affordable housing. The Growth Management Planning Council (Composed of elected officials from King County and King County cities and towns) approved a work plan in September to evaluate the methodology for allocating affordable housing targets to local jurisdictions and identify alternative approaches to replacement of interim methodology and targets. In particular the focus is on Countywide Planning Policy H-2 which deals with achieving affordable housing targets within each jurisdiction. The outcome is of interest to Medina because the city does not have housing that meets affordable housing targets (80 percent of the area median household income). How the policy is reconfigured will be important to Medina in meeting our affordable housing obligations under the countywide planning policies. Planning Council staff is undertaking a collaborative work effort with county staff, interested cities, and representatives of other relevant agencies with an initial report due at the first 2012 Growth Management Planning Council meeting. Draft recommendations are due in June 2012, and the Planning Council is expected to take action in September 2012. This topic was controversial when it was first addressed and will likely be controversial again. Permit Tracking Software Implementation: Staff continues to make progress on implementing the new permit tracking software. We anticipate deployment of the new software in December with training to take place the week of December 12. Bellevue Fire Department Vehicle Access Standards. Emergency vehicle access to buildings is an essential safety element of home occupancy. The Medina Municipal Code contains some access requirements (primarily for private lanes). However, the City of Bellevue provides fire prevention and emergency response services to the community and Medina and Bellevue's standards are not consistent with each other. Standards for emergency vehicle apparatus includes road with, road slope, and turn-around area. The Building Official is recommending that Medina have emergency vehicle access standards consistent with Bellevue fire department requirements. 3 ITEM RA-4 Permit Report September, 2011 2011 2010 Current Current 2011 2010 Month Month YTD YTD Difference Construction Value New Construction 0 1,056,510 8,313,751 5,371,283 $2,942,468 Permit Renewals 0 0 5,828,782 35,303,660 ($29,474,878) Addition/Alteration 148,000 0 4,445,638 2,464,238 $1,981,400 Accessory Structure 15,685 115,041 220,113 976,523 ($756,410) Repair/ Replace 0 0 662,969 121,520 541,449 Fence/Wall 0 21,000 449,900 132,900 317,000 Mechanical N/A 30,000 N/A N/A N/A Fire Sprinkler 0 0 130,095 96,026 34,069 Wireless Comm Facility 0 0 236,000 0 236,000 TOTAL VALUE 163,685 1,222,551 20,287,248 44,466,150 ($24,178,902) Permits Issued New Construction 0 1 3 4 1) Permit Renewals 0 0 22 13 9 Addition/Alteration 2 0 15 12 3 Accessory Structure 1 3 7 20 13) Fence/Wall 0 2 7 10 3) Demolition 1 2 11 5 6 Grading/Drainage 0 3 10 17 7) Tree Mitigation 0 4 7 15 8) Mechanical 6 8 45 51 6) Fire Sprinkler 0 0 8 7 1 Other- Moving 0 0 2 0 2 Reroof 0 0 1 7 6) Repair/Replace 0 0 10 3 7 Right-of-Way Use 5 9 63 48 15 Construction Mitigation 0 1 9 6 3 Wireless Comm Facility 0 0 2 0 2 TOTAL PERMITS 15 33 222 218 _ 4 Inspections Building 77 41 428 338 90 Construction Mitigation 5 5 39 25 14 Grading/Drainage 9 17 57 79 22) Tree Mitigation 26 12 79 54 25 Right-of-Way 1 24 111 143 32) TOTAL INSPECTIONS 118 99 714 639 75 I I I I ITEM RA-4 MEDINA POLICE DEPARTMENT DATE: November 14, 2012 TO: City Council FROM: Chief Mark Thomas RE: Police Department Update No violent crimes were reported in the City of Medina in October. Reported crimes in 2011 continue to be similar to 2010 in most areas. The greatest change is in Vehicle Prowls which have doubled in 2011 compared to 2010. The police department will be working on strategies to impact this crime in 2012. Achieving State Accreditation is a priority for the Medina Police Department. We are currently working to implement a new policy manual that will aid in this effort, and anticipate it being completed and published within the next six weeks. I have contacted the Washington Association of Sheriffs and Police Chiefs (WASPC)to schedule a management and policy review of the department as a precursor to accreditation. There are currently two agencies ahead of us on WASPC's schedule and it anticipated that our review will start in January or February. The Medina Police Depai lment and Records Manager Ms. Linda Crum organized"Shredder Day"to provide the community with a safe way to dispose of personal documents and information that could leave them open to fraud or identity theft. Additionally,the site was used for the community to drop off old prescription drugs as part of the Drug Enforcement Administration's"Drug Take-Back Program." The event was a great success with 150 people attending,4.5 tons ofpaper shredded, 120 pounds of prescription drugs turned in, and 882 in cash and food being donated to Hopelink to help feed those in need. 1 ITEM RA-4 MEDINA POLICE DEPARTMENT MONTHLY SUMMARY OCTOBER,2011 Mark Thomas, ChiefofPolice FELONY CRIMES Fraud(ID Theft) 2011-002561 10/03/11 8600 block NE 5th St Victim was alerted via cell phone her bank card had been deactivated and requested information to reactivate. Upon ending the call,realized it was fraudulent and immediately contacted her bank and then reported to the police department.No monetary loss. Fraud(ID Theft) 2011-002632 10/21/11 7900 block NE 28th St Victim was notified by the IRS a tax return using his name and social security number was submitted earlier for processing. IRS advised to report this incident. Vehicle Prowl 2011-002640 10/26/11 8000 NE 16th St(Overlake GCC) Victim reported two watches were taken from his vehicle in August, and didn't report it until now. He stated vehicle was unlocked while parked in the parking lot of the golf course. Both watches valued together$14,700. One of the watches was entered as stolen in the state database. MISDEMEANOR CRIMES No misdemeanor incidents occurred during the month of October. OTHER ITEM RA-4 HUNTS POINT MONTHLY SUMMARY OCTOBER 2011 Mark Thomas, ChiefofPolice FELONY CRIMES No felony incidents occurred during the month of October. MISDEMEANOR CRIMES Vehicle Prowl(Theft) 2011-0002626 10/13/11 3400 block Hunts Point Rd Between 9:00 pm on 10/13 and 6:00 am on 10/14,person(s)unknown entered an unlocked vehicle parked in the driveway and took change from inside the vehicle. Total estimated loss: $20 Vehicle Prowl(Theft) 2011-0002628 10/14/11 8300 block Hunts Point Circle Between 2:00 am on 10/13/11 and 8:00 pm on 10/14/11,person(s)unknown entered her unlocked vehicle and three paystubs were taken from the glove compartment. ITEM RA-4 6 MEDINA POLICE DEPARTMENT Mark Thomas, ChiefofPolice Monthly Actt Report City of Medina iviy 2011 Felony Crimes October YTD YTD Year End 2011 2011 2010 2010 Assault,Aggravated 0 0 1 1 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary(inc Attempt) 0 8 5 9 Drug Violations 0 0 1 1 Fraud (ID Theft) 2 13 20 23 Vehicle Prowl 1 8 5 6 Theft(over$250) 0 4 7 7 Malicious Mischief 0 3 3 3 Arson 0 0 0 0 Auto Theft(inc Recovery) 0 1 1 1 Poss Stolen Property 0 0 1 1 Other 0 0 0 TOTAL 3 37 44 52 Misdeameanor October YTD YTD Year End Crimes 2011 2011 2010 2010 Assault, Simple 0 0 2 2 Malicious Mischief 0 8 7 7 Vehicle Prowl 0 8 2 2 Theft(Under$250) 0 4 4 6 Domestic Violence 0 2 0 0 Minor in Possession 0 0 4 4 Drug Violations 0 5 6 7 Poss Stolen Property 0 0 0 0 Total 0 27 25 28 Page 1 6 MEDINA POLICE DEPARTMENT Mark Thomas, Chief ofPolice YEARLY ACTIVITY REPORT City of Medina 2011 ITEM RA-4 Felony Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Aggravated 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 Sexual Assault/Rape 0 0 0 0 0 0 0 0 0 0 0 Burglary(inc Attempt) 1 0 0 0 2 2 2 0 1 0 8 Drug Violations 0 0 0 0 0 0 0 0 0 0 0 Fraud (ID Theft) 3 0 4 0 0 0 2 2 0 2 13 Vehicle Prowl 0 3 0 0 4 0 0 0 0 1 8 Theft(over$250) 2 0 0 0 0 0 1 1 0 0 4 Malicious Mischief 0 0 0 0 0 0 1 2 0 0 3 Arson 0 0 0 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 1 0 0 0 0 0 0 0 0 1 Poss Stolen Property 0 0 0 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 0 0 0 TOTAL 6 4 4 0 6 2 6 5 1 3 0 0 37 1 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 0 0 0 0 0 0 0 0 0 0 0 Malicious Mischief 0 0 0 0 2 1 1 1 3 0 8 Vehicle Prowl 0 1 2 0 4 0 0 0 1 0 8 Theft(Under$250) 0 1 1 0 0 2 0 0 0 0 4 Domestic Violence 1 0 0 0 0 1 0 0 0 0 2 Minor in Possession 0 0 0 0 0 0 0 0 0 0 0 Drug Violations 1 0 0 0 1 1 1 0 1 0 5 Poss Stolen Property 0 0 0 0 0 0 0 0 0 0 0 Total 25 2 3 0 7 5 2 1 5 0 0 0 27 Page 2 ITEM RA-4 MEDINA POLICE M Mark Thomas, Chiefof DEPART Police ENT Monthly Activity Report City of Medina 2011 Traffic October YTD YTD Year End ACCIDENTS 2011 2011 2010 2010 Injury 0 0 0 0 Non-Injury 3 17 11 15 TOTAL 3 17 11 15 Traffic October YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 2 18 31 35 Other 2 32 73 88 Total 4 50 104 123 Traffic October YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 25 176 302 331 Parking 16 84 82 102 Other 10 104 188 218 Total 51 364 572 651 October YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 58 683 883 1012 October YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 House Watch 15 271 271 334 False Alarms 7 289 312 375 Assists 12 259 231 293 Suspicious Circumstances 0 91 115 137 Property-Found/Lost 1 6 15 17 Animal Complaints 1 22 38 40 Missing Person 0 1 1 1 Warrant Arrests 1 24 56 47 Other 0 11 13 14 Total 37 974 1052 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 Mark Thomas, ChiefofPolice YEARLY ACTIVITY REPORT 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 0 0 0 0 0 Non-Injury 1 1 2 0 2 1 3 2 2 3 17 TOTAL 1 1 2 0 2 1 3 2 2 3 0 0 17 Traffic Citations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Driving Under Influence 2 1 1 2 2 1 5 0 2 2 18 Other 1 5 8 4 3 5 0 3 1 2 32 Total 3 6 9 6 5 6 5 3 3 4 0 0 50 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 10 18 20 29 7 40 22 5 0 25 176 Parking 4 8 1 0 9 10 2 16 18 16 84 Other 3 11 12 16 14 13 10 10 5 10 104 Total 17 37 33 45 30 63 34 31 23 51 0 0 364 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 65 63 57 90 92 100 51 60 47 58 683 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 17 26 36 41 27 39 40 10 20 15 271 False Alarms 27 35 30 22 25 29 44 46 24 7 289 Assists 21 20 19 16 25 41 36 44 25 12 259 Suspicious Circumstance 7 11 11 1 11 11 8 14 17 0 91 Property-Found/Lost 1 0 0 1 1 2 0 0 0 1 6 Animal Complaints 2 1 1 1 4 2 4 2 4 1 22 Missing Person 0 0 0 0 0 0 0 0 1 0 1 Warrant Arrests 2 2 2 1 6 5 1 3 1 1 24 Other 0 0 0 1 6 1 3 0 0 0 11 Total 77 95 99 84 105 130 136 119 92 37 0 0 974 Page 4 ITEM RA-4 MEDINA POLICE DEPARTMENT Town Of Mark Thomas, ChiefofPolice Hunts Point Monthly Activity Report Q---,„ Town of Hunts Point 2011 Felony Crimes October YTD YTD Year End 2011 2011 2010 2010 Burglary 0 1 0 0 Forgery(Identity Theft) 0 0 2 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 1 0 0 TOTAL 0 2 3 6 Misdeameanor October YTD YTD Year End Crimes 2011 2011 2010 2010 Assault, Simple 0 0 1 1 Malicious Mischief 0 0 1 1 Vehicle Prowl 2 3 0 1 Theft(Under$250) 0 0 4 6 Possession Stolen Prop 0 0 0 0 Domestic Violence 0 0 0 0 Minor in Possession 0 0 0 0 Drug Violations 0 1 1 1 Total 2 4 7 10 Page 5 ITEM RA-4 MEDINA POLICE DEPARTMENT Town of Mark Thomas, ChiefofPolice Hunts Paint 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 0 0 0 0 0 1 Forgery(Identity) 0 0 0 0 0 0 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 0 0 0 0 0 0 Theft(over$250)0 0 0 0 0 0 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 0 0 0 0 0 0 Drug Violation 0 0 0 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 0 0 1 0 0 1 TOTAL 0 0 1 0 0 0 0 1 0 0 0 0 2 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault,Simple 0 0 0 0 0 0 0 0 0 0 0 Malicious Mischief 0 0 0 0 0 0 0 0 0 0 0 Vehicle Prowl 0 0 0 0 0 0 0 0 1 2 3 Theft(Under$250) 0 0 0 0 0 0 0 0 0 0 0 Poss Stolen Prop 0 0 0 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 0 0 0 Minor in Possession 0 0 0 0 0 0 0 0 0 0 0 Drug Violations 0 0 0 1 0 0 0 0 0 0 1 Total 0 0 0 1 0 0 0 0 1 2 0 0 4 Page 6 ITEM RA-4 4 MEDINA POLICE DEPARTMENT Town of Mark Thomas, ChiefofPolice Hunts Point Monthly Activity Report J Hunts Point 2011 Traffic October YTD YTD Year End CITATIONS 2011 2011 2010 2010 Driving Under Influence 0 3 1 1 Accidents 0 3 0 1 Other 1 17 25 31 Total 1 23 26 33 Traffic October YTD YTD Year End INFRACTIONS 2011 2011 2010 2010 Speeding 0 1 5 6 Parking 0 2 13 13 Other 11 76 212 264 Total 11 79 230 283 October YTD YTD Year End WARNINGS 2011 2011 2010 2010 Total 14 126 159 193 October YTD YTD Year End CALLS FOR SERVICE 2011 2011 2010 2010 1 House Watch 2 15 20 23 False Alarms 2 45 59 67 Assists 0 21 33 40 Suspicious Circumstances 0 9 12 17 Property-Lost/Found 0 0 1 1 Animal Complaints 0 1 4 4 Missing Person 0 0 0 0 Warrant Arrests 0 1 1 3 Other 0 0 1 1 Total 4 92 131 156 DWLS; Fail to Transfer Title;No License Expired Tabs;No insurance;Fail to stop;Defective Equipment Verbal Domestic; Harassment;Civil Dispute;Trespass Page7 ITEM RA-4 MEDINA DEPARTMENT Town Mark ThomasPOLICE, ChieDEPAfofPolice T Hunts Po nt YEARLY ACTIVITY REPORT ter J 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 0 0 0 0 0 3 Accidents 0 0 0 0 2 1 0 0 0 0 3 Other 3 1 3 1 2 1 3 1 1 1 17 Total 4 2 3 2 4 2 3 1 1 1 0 0 23 Traffic Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Speeding 1 0 0 0 0 0 0 0 0 0 1 Parking 0 0 0 0 0 1 0 0 1 0 2 Other 9 2 13 3 16 10 4 3 5 11 76 Total 10 2 13 3 16 11 4 3 6 11 0 0 79 Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total 8 16 20 11 16 14 10 11 6 14 126 Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total House Watch 1 1 0 1 2 3 1 2 2 2 15 False Alarms 5 2 3 6 4 4 6 5 8 2 45 Assists 2 1 2 3 2 6 1 3 1 0 21 Suspicious Circumstances 3 1 1 0 2 1 0 0 1 0 9 Property-Lost/Found 0 0 0 0 0 0 0 0 0 0 0 Animal Complaints 0 0 0 1 0 0 0 0 0 0 1 Missing Person 0 0 0 0 0 0 0 0 0 0 0 Warrant Arrests 1 0 0 0 0 0 0 0 0 0 1 Other 0 0 0 0 0 0 0 0 0 0 0 Total 12 5 6 11 10 14 8 10 12 4 0 0 92 Page 8 o ITEM RA-4fmeo,y9 CITY OF MEDINA gas NGio" . Office of the City Manager November 8, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Joe Willis Sr., Director of Public Works Subject: October 2011 Public Works Report 1. The last of the City Hall used furniture items were sold or donated to Goodwill and Salvation Army. The Public Works Crew is organizing the shop areas with storage shelves and preparing for the winter season. Of the 100+ surplus items, 20 were sold for a total of$590, 30 items were retained in storage (microphones, air conditioners, police car computer interfaces) and 50 furniture items were donated. 2. The Public Works Director has indicated an interest to participate with the other eastside cities to share costs for a regional aerial mapping project coordinated by King County. Medina will receive updated aerial base maps for incorporation into the City's GIS (geographical information system) mapping system developed in 2009-2010 for storm drainage and regulatory street signs inventories. Preliminary estimate for the aerial mapping for Medina is around $2,500. This information would be helpful for Public Works, Development Services, Public Safety, and Emergency preparedness. 3. The Public Works Director implemented a Memorial Donation Process and Application form for residents to use when they want to donate items for our City parks as a memorial. Tree planting will be limited to fall season so that digging, planting, and watering conditions are best and survival is optimum. 4. As part of the 2012 budgeting process, the Public Works Director contacted a number of agencies for grants and filled out scope of work applications. The following pass-through grants have been awarded or are in process of award by the agencies: DOE 2012 Phase II Stormwater Pass-through Grant 77,877 Street Fund stormwater management program) King County Water Resources and Floodplain Management $142,717 CIP Medina Park surface water pond outlet improvements) King County Conservation District 25,169 CIP Medina Park surface water pond water quality testing and basin management strategy recommendations) Parks Levy I I Proceeds 21,000 Trail Improvements) 1 ITEM RA-4 5. The NE 12th /Lake Washington Blvd Traffic Safety Project outstanding work items include the installation of the pedestrian crosswalk and activated flashing beacon signs, installation of the new street light by PSE, and completion of the missing sidewalk section at the intersection of 86th Ave NE. The goal is to complete the project this year. The estimated additional cost for completion of the project above the budgeted amount of$96,500 is approximately $30,500 which includes $18,000 for the missing sidewalk section construction. Other added costs that will be funded from the Street Fund Professional Services budget are the formerly non-budgeted cost of$18,000 for the new street light, $12,000 for construction management services for Clark Architects, and $7,500 for design of the missing sidewalk section. 6. SR 520 Construction Notes: Monday through Thursday of this week the westbound transit flyer stop on SR 520 will be closed from 11:00 PM to 5:00 AM for freeway construction. Then on November 14th up to November 23rd the 84th Ave westbound freeway on- ramp will be closed from 11:00 PM to 5:00 AM weekdays to accommodate pier construction for the new 84th Ave NE freeway lid. The westbound transit flyer stop will be closed during the same time frames. 2 ITEM CA-1 DRAFT ADJOURNMENT MOTION NELSON AND SECOND DICHARRY TO ADJOURN THE OCTOBER 10, 2011 REGULAR MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 6-0 WHITNEY ABSENT) AT 8:45 PM. The October 10, 2011, Regular Meeting of the Medina City Council adjourned at 8:45 pm. The Medina City Council will hold its next Regular Meeting on Monday November 14, 2011 , at 6:30 pm in the Council Chambers at Medina City Hall, 501 Evergreen Point Road, Medina. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes October 10, 2011 Page 5 ITEM CA-1 DRAFT MEDINA CITY COUNCIL REGULAR MEETING MINUTES Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina Monday, October 10, 2011; 6:30 pm CALL TO ORDER Mayor Bret Jordan called the October 10, 2011 Regular Meeting of the Medina City Council to order at 6:31 pm. ROLL CALL Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Katie Phelps, Janie Lee, and Mark Nelson Council Members Absent: Shawn Whitney (excused) City Staff Present: Donna Hanson, City Manager; Bruce Disend, 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 members of the audience, council members, and City staff in the Pledge of Allegiance. A motion was presented by council member Nelson seconded by council member Dicharry to excuse council member Whitney from October 10, 2011 Regular Meeting, and motion carried 6-0 (Whitney absent) at 6:32 pm. APPROVAL OF MEETING AGENDA MOTION DICHARRY AND SECOND NELSON TO ADOPT AGENDA AS WRITTEN AND MOTION CARRIED 6-0 WHITNEY ABSENT) AT 6:32 PM. PRESENTATION Eastside Pathways; Bill Henningsgaard, Board Chair (6:32 pm) Medina resident Bill Henningsgaard introduced Eastside Pathways and requested the city council consider the City becoming a member of Eastside Pathways, explaining it would be valuable if Medina could endorse and support the vision and goals of the non-profit's efforts, explaining support would not be limited to monetary contributions, but could instead be provided by other means. Mr. Henningsgaard answered questions from council members and Mayor Jordan placed matter on October 24 study session agenda for discussion to determine level of city council support. ITEM CA-2 DRAFT 84 Avenue Northeast Corridor Improvement Project (7:02 pm) Public works director summarized feedback received from open house and October park board meeting. Council members supported a future discussion item during its November meeting in order to determine whether or not it will authorize support of project design. Eastside Pathways Participation Discussion (7:22 pm) Council members expressed desire for additional information about organization and its current supporters before it could endorse the entity's mission. City Council Guidelines (7:36 pm) Following discussion city attorney conveyed he would bring to council a simplified and updated version for its review. EXECUTIVE SESSION At 7:52 pm, the mayor recessed meeting into executive session pursuant to RCW 42.30.140(4)(a) related to collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; and (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. Those in attendance included council members Patrick Boyd, Doug Dicharry, Bret Jordan, Katie Phelps, and Mark Nelson; city manager Donna Hanson; city attorney Bruce Disend, city clerk Rachel Baker, and special counsel Cabot Dow. Mayor estimated thirty minutes for executive session, which was extended twenty-five minutes at 8:22 pm. Executive session expired at 8:47 pm and the council reconvened its special meeting. ADJOURNMENT MOTION PHELPS AND SECOND DICHARRY TO ADJOURN THE OCTOBER 24, 2011 SPECIAL MEETING OF THE MEDINA CITY COUNCIL. MOTION CARRIED 5-0 (LEE AND WHITNEY ABSENT) AT 8:48 PM. The October 24, 2011, Special Meeting of the Medina City Council adjourned at 8:48 pm. The Medina City Council will hold its next Regular Meeting on Monday, November 14, 2011, at 6:30 pm in the Council Chambers at Medina City Hall. Bret Jordan, Mayor Attest: Rachel Baker, City Clerk City Council Minutes October 24, 2011 Page 2 A of hiipo1/2y9 ITEM CA-3 CITY OF MEDINA November 8, 2011 To: Mayor and City Council From: Nancy Adams, Director of Finance Re: October 2011 Finance Report The October 2011 Financial Reports include: October 2011 Revenue& Expense Summary October 2011 AP Register Activity Detail Revenue: Key Items for 2011 Revenue: General Fund Revenue is on target to meet the 2011 General Fund Revenue Budget. Property Taxes of$1.9M YTD 2011 are on target to meet 2011 Budget Sales Taxes are forecasted to exceed 2011 Budget by$116K. Utility Tax& Franchise Fee Revenue is$204K as of October 31st. Major Payments are received in April, July, October and January. $204K represents the majority of the Q1-3 Revenue Payments.We anticipate another$50K by year end. The 4th Quarter payment will not be made until January 2012. Planning & Development Revenue is forecasted to exceed 2011 Budget by$28K. Intergovernmental Revenue: is forecasted to be under budget by($41 K)for 2011. Variances are made up of($27K)for the Hunts Point true-up to actual expenditures for 2011 and Kirkland Court is running ($25K) under Budget as of October. Capital Fund Revenue is projected to be $97K higher than the 2011 Capital Fund Budget. This is due to increases of REET Revenue in the Capital Fund for 2011. Expense: Key items for 2011 Expense include: General Fund Expenditures are forecasted to be $196K lower than the 2011 Budget. This is primarily due to vacant positions in the Police Department. The 2011 Forecast includes: o Budget Amendment C totaling $50,036 (see Budget Amendment C for detail). o $14K for an emergency chipper replacement o $46K for NE 12th Street Project o ($98K)delay in Medina Pond Water Project— moved into 2012 City Hall Project: City Hall Expenditures for October 2011 YTD are: $2.148M City Hall Expenditures for 2010 were: $496K Total City Hall Expenditures for 2010 &2011 YTD are: $2.644M Cash & Investments: Cash balances for all funds were$4.9M as of 10/31/2011. Audit Status: The 2010 Audit Report is being prepared by the Auditors. Once they are ready to issue the report, they will schedule the exit interview. Medina City Council Regular Meeting ITEM CA-4 Monday, November 14, 2011 AGENDA BILL Subject: Bud•et Amendment Amendin• Ordinance No. 868 Category: Consent Ordinance Public Hearing City Council Business Resolution Other—Discussion Prepared By: Joe Willis, Sr., Public Works Director; Nancy Adams, Finance Director NE 12th Street/ Lake Washington Blvd Traffic Safety Improvement Project: The Project was awarded to NPM Construction in March of 2011. Construction started in July. Work stalled in August of 2011 due to issues related to procurement and installation of utility services. The lack of progress on the construction coupled with the narrowing of the roadway by the new median island curbs resulted in public concern that was expressed to the Council in September. Through negotiation with the contractor, work began again in September and has proceeded up to the last outstanding work items: installation of the pedestrian crosswalk and activated flashing beacon signs, installation of the new street light by PSE, and completion of the missing sidewalk section at the intersection of 86th Ave NE. The estimated construction cost for completion of this Capital Street Project above the budgeted amount of $96,500 is $30,533 = $127,033. This additional cost is being funded with additional REET revenues received this year. Included in the added project cost is an estimated $18,000 plus a $3,000 contingency for the construction of a missing section of sidewalk at the intersection of Lake Washington Blvd with 86th Ave NE. This was not included in the February 2011 bid package since a portion of the sidewalk within Clyde Hill city limits and the necessary move of an existing PSE aboveground utility box had not been finalized. Other change orders resulted for items such as removal of the underlying cement concrete roadway discovered under the new median island at 88th Ave NE during excavation for the median, power service changes related to the new PSE gateway street light, and additional signage. Completion of the missing sidewalk section will depend on the PSE work schedule so that final sidewalk construction will occur after the new vaults are installed (estimated to be approximately two months out). The PSE street light and the flashing pedestrian activated lights have been ordered and are awaiting delivery. SR 520: In November of 2010 the Council authorized an agreement with WSDOT for reimbursement of City costs for project coordination and technical reviews associated with the SR 520 Eastside Transit and HOV Project under agreement number GCA 6496. In February of 2011 Council authorized the City Manager to procure consulting services to provide technical review support for review of design documents from the design- build contactor, Eastside Corridor Constructors (ECC). A professional Services contract was signed with DKS Associates, engineering consultants. Since April of this year, DKS has provided technical reviews of the ECC design submittals and provided comments to WSDOT in concert with those from staff. To track revenues, expenses and reimbursements new budget accounts have been set up in the Street Fund Budget Codes 101-334-03-61-00 for revenue and 101-542-30-41-01 for expense. To date, expenses total $19,503. ITEM CA-4 SECTION 2. The City Manager is authorized to make any transfers necessary to carry out the terms of this ordinance. SECTION 3. The effective date of this ordinance shall be (5) days after its publication of a summary of its intent and contents. PASSED BY AT LEAST ONE MORE THAN A MAJORITY OF THE CITY COUNCIL ON THIS 14TH DAY OF NOVEMBER, 2011, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 14TH DAY OF NOVEMBER 2011. Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk Passed: Published: Effective Date: Medina City Council Regular Meeting ITEM CA-5 Monday, November 14, 2011 AGENDA BILL Subject: Modifications to the Fee Schedule Cate o 1 Consent 111 Ordinance Public Hearing9ry: City Council Business ® Resolution Other— Discussion Prepared By: Robert J. Grumbach, Director of Development Services Rachel Baker, Director of Central Services Prudent fiscal policy requires that the City annually review fees charged for services and make adjustments to ensure proper cost recovery for those services. The City's current fee schedule was approved in November 2011. Overall, current fees are adequate to recover the cost of providing services. Only minor changes are proposed, which are summarized as follows: Change fee to reflect lower costs for city maps; Revise fees for animal licenses to match ordinance; Add Site Plan Exemption fee for these services; Add Public Agency and Utility Exemption fee for these services; Add Reasonable Use Exception fee for these services; Update Building Official hourly rate; and Wording correction on Environmental Exemptions. Budget/Fiscal Impact: To be de rmined. Staff Recommendation:Ap ov City Manager Approval: Proposed Council Motion: Mt n to approve Resolution approving modifications to the fee schedule. ITEM CA-5 1 CITY OF MEDINA, WASHINGTON 2 3 RESOLUTION NO. 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE 6 CITY OF MEDINA, WASHINGTON, APPROVING MODIFICATIONS 7 TO THE FEE SCHEDULE 8 9 WHEREAS, Medina Municipal Code (MMC) 3.64.010 and 17.44.050(B) 10 delegates to the City Manager the authority to establish, increase or decrease fees for 11 services provided by the city; and 12 13 WHEREAS, MMC 17.44.050(C) requires the fee schedule and any modifications 14 thereto to be submitted to the City Council for consideration and the City Council may 15 approve, reject or modify the proposed fee schedule or any modifications thereto; and 16 17 WHEREAS, the City Council approved Resolution No. 345 establishing the 2011 18 fee schedule on November 8, 2010; and 19 20 WHEREAS, the City Manager has prepared and submitted modifications to the 21 fee schedule to the City Council at their regular meeting November 14, 2011; and 22 23 WHEREAS, pursuant to WAC 197-11-800(19), adoption of or modification to a 24 fee schedule contains no substantive standards respecting use or modification of the 25 environment and is categorically exempt from the State Environmental Policy Act; 26 27 THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES RESOLVE 28 THAT THE MODIFICATIONS TO THE SCHEDULE OF FEES ATTACHED HERETO 29 AS EXHIBIT "A" ARE APPROVED AND SHALL GO INTO EFFECT IMMEDIATELY. 30 31 PASSED BY THE CITY COUNCIL IN REGULAR OPEN MEETING ON THIS DAY 32 OF 2011. 33 34 35 Mayor Bret Jordan Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk 36 c). y of,klep ATTACHMENT A ITEM CA-5 CITY OF MEDINA 2014 FEE SCHEDULE SH NC1O Resolution No. Last Updated (DATE) FEE TYPE AMOUNT MMC SECTION Chapter 2.48 Audio Duplications First CD: No Charge Section 2.48.100SubsequentCD's: $5.00 ea Construction Blueprints and Plan Actual Vendor Cost Section 2.48.100Copies Copies 0.15 per page Section 2.48.100 City Maps Black& White 18 X 38 122.00$5.00 Section 2.48.100 City Maps Color 18 X 38 45.00$20.00 Section 2.48.100 Ordinances, Resolutions & First Copy Free; Subsequent Copies Section 2.48.100NoticesofDecision0.15 per page Chapter 2.78 Hearing Examiner Fee 1,400 Section 2.78.120 Chapter 3.64' Accident Reports/ 0.15/page Incident Reports 0.15/page Section 3.64.010 Fingerprinting 10.00 per card Section 3.64.010 Chapter 4.01 Case Filing 31.00 per case Section 4.01.120 Certifying any document on file $5.00 per document, plus$0.10 per Section 4.01.120pageforcopies Day Detention 10.00 per day, unless another Section 4.01.120amountissetbyCourtorder Duplication of part or all of the electronic tape of a proceeding $ 10.00 per tape Section 4.01.120 25.00 set-up, plus$105.00 per Electronic Home Detention week, unless another amount is set Section 4.01.120 by Court order Failure to Respond 25.00 for parking cases Section 4.01.12052.00 for infraction cases Juror Service Fee 10.00 per day, plus mileage in the Section 4.01.110 amount set by RCW 43.03.060 Non-Sufficient Funds Fee for Returned Checks 25.00 per check Section 4.01.120 1 ATTACHMENT A ITEM CA-5 FEE TYPE AMOUNT MMC SECTION Preparing the record of a case for $40.00 per case, plus Superior Court Section 4.01.120 appeal to Superior Court Filing Fee Probation Fee 50.00 per month Section 4.01.120 Proof of Insurance Card/Administrative Dismissal 25.00 per case Section 4.01.120 Stop Payment Fee for Court 25.00 per check Section 4.01.120IssuedChecks Transcript of Judgment 6.00 per judgment Section 4.01.120 Vehicle Impound Hearing Fee 31.00 per case Section 4.01.120 10.00 per day, plus mileage in the amount set by RCW 43.03.060. Witness Fee Expert witnesses may be paid in Section 4.01.100 excess of this amount only upon prior agreement between the City and the Expert Witness. 25.00 set-up, plus$20.00 per day, Work Release unless another amount is set by Section 4.01.120 Court order Chapter 5.04 Cable Franchise Negotiated with Franchisee Section 5.08.060 Chapter 6.04 Animal Impound and Redemption Fees as adopted by King County Section 6.04.030FeesCodeTitle11 Cat License (Lifetime) 20.00 Section 6.04.040 spayed/neutered Cat License (Lifetime) 40.00$36.00 unspayed/unneutered Section 6.04.040 Senior Citizen: Cat License Section 6.04.040 Lifetime) 12.00 spayed/neutered Senior Citizen: Cat License Section 6.04.040 Lifetime) 25.00 unspayed/unneutered Dog License(Lifetime) 30.00 spayed/neutered Section 6.04.040 Dog License(Lifetime) 60.00 Section 6.04.040 unspayed/unnueutered Senior Citizen: Dog License Section 6.04.040 Lifetime) 20.00 spayed/neutered Senior Citizen: Dog License Section 6.04.040 Lifetime) 40.00 unspaved/unneutered Replacement Tag 5.00 Section 6.04.040 Service Animal License No Charge Section 6.04.040 Failure to Obtain License 25.00 Section 6.04.040 2 ATTACHMENT A ITEM CA-5 FEE TYPE AMOUNT MMC SECTION Chapter 8.06 Temporary Noise Variance 200.00 Section 8.06.010 Technical Noise Variance 200.00 plus consultant fee Section 8.06.010 Economic Noise Variance 200.00 plus consultant fee Section 8.06.010 Chapter 8.12 1st response- Free 2nd response -$50.00 False Alarm Response Fee 3ih response- $100.00 Section 8.12.0304response - $150.00 5th response -$200.00 6th & subseq - $250.00 Home Security System No charge Section 8.12.030Registration Chapter 8.16 Pyrotechnics Display License No charge Section 8.16.045 Chapter 9.40 50.00 non-refundable, plus cost for Special Event Permit city personnel based on hourly rate Section 9.40.050 wages and benefits) Chapter 10.40 Parking Permit for Designated No charge for residents Section 10.40.060ParkingAreas75.00 for non-residents Temporary Construction Parking $150.00 Section 10.72.040Permit Chapter 10.72 Construction Vehicle Parking See Temporary Construction Parking Section 10.72.030PermitPermit Oversized Vehicle Permit 500.00 Section 10.72.010 Overweight Vehicle Permit 500.00 Section 10.72.010 Tracked, spiked, cleated, lugged vehicle permit 750.00 Section 10.72.020 Chapter 12.06 Excavation/Trench Cut Right-of- $270.00 plus consultant fee Section 12.06.040 way Permit Chapter 12.08 Right-of-way Use Permit 270.00 plus consultant fee Section 12.08.010 Chapter 12.10 Building Moving Permit See Table A Section 12.10 Chapter 12.28 Hazardous Tree Evaluation 300.00 per visit plus $100.00 per Section 12.28hourforavisitover2 'h hours 500.00 plus consultant fee when Administrative Tree Removal/ associated with development Trimming Permit Section 12.28 100.00 plus consultant fee when not associated with development 3 ATTACHMENT A ITEM CA-5 FEE TYPE AMOUNT MMC SECTION Non-Administrative Tree Section 12.28 Removal/Trimming Permit 1,500.00 plus consultant fee Chapter 12.36 Garage Sale Permit No charge Section 12.36.010 Chapter 13.12 Blanket Utility Permit 500.00, plus consultant fees Section 13.12.040 Chapter 14.08 Administrative Variance Permit $750.00 plus consultant fees Section 14.08.010 Administrative Special Use Permit 750.00 plus consultant fees Section 14.08.010 Minor Deviation 750.00 plus consultant fees Section 14.08.010 Chapter 14.12 Site Plan Review Fee 1,150.00 plus consultant fees Section 14.12.040 750.00 plus consultant fees if Site Plan Review Exemption exemption approved; Section 14.12.0201,150 plus consultant fees if site plan review is required Revision of Site Plan 500.00, plus consultant fees Section 14.12.050 Chapter 15.20 Tailored Construction Mitigation Plan— Level 1 370.00 plus consultant fees Section 15.20.010 Tailored Construction Mitigation $1,800 plus consultant fees Section 15.20.010Plan— Level 2 Chapter 17.50 Accessory Dwelling Unit Registration Fee 175.00, plus consulting fees Section 17.50.040(E) Chapter 17..52 Special Use Permit—Satellite 100.00 Section 17.52.060(B) Receiving System Chapter 17.64 Adult Family Home Permit No charge Section 17.64.020(A) Family Day Care Permit No charge Section 17.64.020(B) Chapter 17.68 House Trailer Occupancy Permit $10.00 Section 17.68.040(D) Chapter 17.80 Sign Impound Fee 25.00 Section 17.80.140 Sign Permit See Building Permit Fees and Section 17.80.100(B)Conditional Use Permit Fees 4 ATTACHMENT A ITEM CA-5 FEE TYPE AMOUNT MMC SECTION Chapter 17.88 Waterfront Construction Fee 50.00 Section 17.88.020 Chapter 17.94 Reclassification of Zoning District $2,200.00 plus consultant fees Section 17.94 Chapter 18.04 Historical Use Permit & Chapters 17.94 & Amendments 2,000.00 plus consultant fees 17.56A Environmental Exemption (SEPA g.-Shore .e) 100.00 Section 18.04.010 Environmental Threshold Determination 700.00 plus consultant fee Section 18.04.010 Environmental Impact Statement Staff hourly fee, plus consultant fee Chapter 17.04.010 Chapter 18.12 Critical Areas Review 135.00 plus consultant costs Chapter 18.12 Public Agency and Utility Exception 2,000.00 plus consultant fee Section 18.12.120 Reasonable Use Exception 2,000.00 plus consultant fee Section 18.12.130 Title 19 Telecommunication ROW Use 500.00 at submittal plus$2,500 if Section 19.04.020Authorizationacceptedfornegotiations Telecommunication Franchise 500.00 at submittal plus$2,500 if Section 19.06.020Agreementacceptedfornegotiations Facilities Lease 500.00 at submittal plus$2,500 if Section 19.08.020acceptedfornegotiations Chapter 20.40 Building Permits See Table A Section 20.40.040 Mechanical Permits See Table B Section 20.40.040 Grading & Drainage Permits See Table C Section 20.40.040 Chapter 20.73 Lot Line Adjustment 775.00 plus consultant fee Section 20.73.060 Short Subdivision/Revision to an approved Short Subdivision 2,100.00 plus consultant fee Section 20.73.060 Preliminary Subdivision/Revision $5,520+ 100 per lot plus consultant Section 20.73.060toanapprovedSubdivisionfee Final Subdivision 1,400 plus consultant fee Section 20.73.060 Chapter 20.80 Non-administrative Conditional $2,000.00 plus consultant fee Chapter 20.80UsePermit Non-administrative Special Use Permit 2,000.00 plus consultant fee Chapter 20.80 Non-administrative Variance 2,000.00 plus consultant fee Chapter 20.80 Temporary Use Permit 500.00 plus consultant fee Chapter 20.80 5 ATTACHMENT A ITEM CA-5 FEE TYPE AMOUNT MMC SECTION Substantial Development Permit $2,200.00 plus consultant fee Chapter 20.80 Shoreline Conditional Use Permit $2,200.00 plus consultant fee Chapter 20.80 Shoreline Variance 2,200.00 plus consultant fee Chapter 20.80 Amendment to Shoreline Permit $500.00 plus consultant fee Chapter 20.80 Shoreline Exemption 200.00 Chapter 20.80 Zoning Code Interpretation 500.00 Chapter 20.80 Shoreline Master Program 500.00 Chapter 20.80Interpretation Administrative Appeal 750.00 Section 20.80.230 Comprehensive Plan Amendment Fee 4,000.00 Section 20.83.070 Other 55.25 Original Concealed Weapon Permit 32.00 Renewal RCW 9.41.07042.00 Late Renewal 10.00 Replacement Notary Service 10.00 per notarial act/stamp WAC-308-30-020 Passport Acceptance Fee 25.00 per application 22 USC 214 Permit Replacement 100.00 Reconsideration of a Hearing 500.00 plus hourly fee for hearing Examiner Decision examiner Re-Roof Permit 175.00 Zoning Ordinance Amendment $4,000.00 Permit Technology Fee for Software 19.75 per each permit 6 ATTACHMENT A ITEM CA-5 TABLE A— BUILDING PERMIT FEES TOTAL VALUATION FEE 1.00 TO$500.00 33.50 501.00 TO$2,000.00 33.50 for the first$500.00, plus$4.25 for each additional 100.00, or fraction thereof, to and including $2,000.00 2,001.00 TO$25,000.00 97.25 for the first$2,000.00 plus$19.55 for each additional 1,000.00 or fraction thereof, to and including$25,000.00 25,001.00 TO$50,000.00 546.90 for the first$25,000.00 plus $14.60 for each additional 1,000.00 or fraction thereof, to and including $50,000.00 50,001.00 TO$100,000.00 911.90 for the first$50,000.00 plus$9.94 for each additional 1,000.00 or fraction thereof, to and including $100,000.00 1,408.90 for the first$100,000.00 plus $7.95 for each 100,001.00 TO$500,000.00 additional $1,000.00 or fraction thereof, to and including 500,000.00 4,588.90 for the first$500,000.00 plus $6.63 for each 500,001.00 TO$1,000,000.00 additional $1,000.00 or fraction thereof, to and including 1,000,000.00 1,000,001.00 AND over 7,903.90 for the first$1,000,000.00 plus$4.44 for each additional $1,000.00 or fraction thereof DEMOLITION OF EXISTING 133.00 PLUS BUILDING STRUCTURE OFFICIAL HOURLY FEE PERMIT EXTENSION PRIOR TO 75.00 PER WRITTEN REQUESTISSUANCE RELOCATE/MOVE A BUILDING INTO 133.00 PLUS BUILDING CITY OFFICIAL HOURLY FEE INITIAL PLAN 65% OF PERMIT FEEREVIEW ADDITIONAL REVIEW OF CORRECTIONS, BUILDING OFFICIAL HOURLY REVISIONS FEE REVIEW OF DEFERRED BUILDING OFFICIAL HOURLY ITEMS FEE ONE INSPECTION & ONE RE- INCLUDED IN PERMIT FEEINSPECTION ADDITIONAL RE-INSPECTIONS FOR CONSULTANT AND/OR COMPLIANCE BUILDING OFFICIAL HOURLY FEE WORK NOT READY FOR INSPECTION WHEN CONSULTANT AND/OR SCHEDULED BUILDING OFFICIAL HOURLY FEE INSPECTIONS FOR WHICH NO FEE IS CONSULTANT AND/OR SPECIFIED BUILDING OFFICIAL HOURLY FEE WORK STARTED WITHOUT A FEE IN THE AMOUNT OF PERMIT PERMIT FEE, BUT NOT LESS THAN $133.00 BUILDING OFFICIAL HOURLY RATE x.40$54.29 STATE SURCHARGE FEE 4.50 PER PERMIT A DEPOSIT FOR CONSULTANT COSTS MAY BE REQUIRED PER CHAPTER 17.44 MMC To Be Determined 7 ATTACHMENT A ITEM CA-5 TABLE B - MECHANICAL PERMIT FEES TYPE OF PERMIT FEE BASE FEE Issuance of each permit 43.00 Issuance of supplemental permit, for which original permit expired Same as new Land use site review fee (where applicable)100.00 UNIT FEE SCHEDULE Includes Installation and Relocation 150,000 BTU or less Forced air system 30.00 each Furnace/Central 150,000 BTU or less re-circulating hot water systemHeatingSystemincludingventsandflues) 55.50 each Greater than 150,000 BTU See Table A Hot Water Heating System 30.00 each Heat Pump/Air conditioning 55.50 each Suspended, recessed wall or floor-mounted heater unit/fireplace, log lighter 30.00 each Boilers and any other single unit or system with an input in excess of See Table A150,000 BTU Exhaust fan or appliance vent 30.00 each Solar, geothermal, wind and similar mechanical systems See Table A Other appliances, piece of equipment or system which is regulated by this 30.00 eachcodebutnotsetforthinthisschedule , or for which no other fee is listed OTHER FEES Plan review See Table A Additional re-inspections 30.00 per inspection Additional review of corrections, revisions, or additions Building Official hourly fee Work not ready for inspection when scheduled 45.00 Fees above include final inspection and one final re-inspection 8 ATTACHMENT A ITEM CA-5 TABLE C—GRADING & DRAINAGE PERMIT TOTAL YARDS FEE 25 TO 100 cubic yards 250.00 plus consultant costs 250.00 for the first 100 yards and$24.50 for each additional 101 TO 2,000 cubic yards 100 cubic yards or fraction thereof, to and including 2,000 cubic yards; plus consultant costs 715.50 for the first 2,000 cubic yards and $25.00 for each 2,001 cubic yards and up additional 100 cubic yards or fraction thereof; plus consultant costs FEES ABOVE INCLUDE FINAL INSPECTION AND ONE FINAL RE-INSPECTION ADDITIONAL INSPECTIONS, INCLUDING WET SEASON TESC INSPECTIONS, ARE CHARGED AT THE CONSULTANT COSTS INSPECTIONS FOR WHICH NO FEE IS SPECIFICALLY INDICATED ARE CHARGED AT THE CONSULTANT COSTS A DEPOSIT FOR CONSULTANT COSTS IS REQUIRED PER CHAPTER 17.44 MMC 9 Medina City Council Regular Meeting ITEM CA-6 Monday, November 14, 2011 AGENDA BILL Sub'ect: 2011 GASB 54 Resolution Category:Consent Ordinance El Public Hearing City Council Business ® Resolution Other—Discussion Prepared By: Nancy Adams, Finance Director The Government Accounting Standards Board (GASB) has issued Statement No. 54, a new standard for governmental fund balance reporting and governmental fund type definitions that issued a requirement for Fiscal Year ending June 30, 2011 (Fiscal Year 2011 for the City of Medina). GASB Statement No. 54 issued new requirements for classifying and reporting fund balances and issued new definitions for governmental funds which limit the use of special revenue funds. To become compliant with the new GASB 54 requirements for 2011, the City of Medina will adopt the attached Resolution. Attachment(s): 1. 2011 GASB 54 Resolution Budget/Fiscal Impact: No Fiscal Impact to Budget/for Financial Reporting purposes only. Staff Recommendation: A rove Resolution City Manager Approval: Proposed move approval of the resolution to implement Government Accounting Council Motion: Standards Board Statement No. 54 requirements and apply such requirements to financial statement reporting. ITEM CA-6 CITY OF MEDINA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, APPROVING THE IMPLEMENTATION OF GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 WHEREAS, the Governmental Accounting Standards Board (GASB) has issued Statement No. 54, a new standard for governmental fund balance reporting and governmental fund type definitions that issued a requirement for Fiscal Year ending June 30, 2011 and WHEREAS, for Financial Statement Reporting purposes, the City of Medina elects to implement GASB 54 requirements and to apply such requirements to its financial statement reporting beginning with the current January 1, 2011 — December 31, 2011 fiscal year and WHEREAS, GASB 54 has issued new requirements for classifying and reporting fund balances into the five categories of: Non-spendable, Restricted, Committed, Assigned or Unassigned and WHEREAS, GASB 54 has issued new definitions for governmental funds, which limits the use of Special Revenue Funds and WHEREAS, the City has adopted a Financial Policy which establishes minimum fund balances. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Medina, will implement Governmental Accounting Board Statement No. 54 requirements and apply such requirements to financial statement reporting. PASSED BY THE CITY COUNCIL ON THE 14th DAY OF NOVEMBER 2011 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE DAY OF 2011. Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk Medina City Council Regular Meeting ITEM CA-7 Monday, November 14, 2011 AGENDA BILL Subject:Kin• Count Jail Contract Category: ® Consent Ordinance Public Hearing City Council Business Resolution Other—Discussion Prepared By:Mark Thomas, Police Chief Summary: This contract would replace the City's existing contract with King County for Jail services which is scheduled to run through 2016. Option 2 of the three provided options appears to be the best alternative given the City's current and expected needs. It would extend the length of the contract from 2016 to 2020 and significantly reduce costs over the existing contract while not committing the City to potential future jail construction costs. There is no bed commitment, and the City is only charged for actual use of the facility. The King 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 allows other King County Agencies arresting individuals on City of Medina warrants to book subjects directly into the King County Jail freeing up Medina Officers from performing warrant meets. The King County Jail, based on it's proximity to the City, provides some needed flexibility for the Police Department in determining where to house offenders based on a variety of factors that are considered including the health or behavior of the offender, associated costs, department staffing, etc. Attachments: KING COUNTY JAIL CONTRACT Budget/Fiscal Impact: Staff Recommendation: A royal on Consent Agenda City Manager Approval: Proposed Council Motion: N/A I ITEM CA-7 0 4 , VS +4 0 0 0 2 c 0 4-. 14,) 5 .2...1c 5 2 A A. gb.41. 0 z.,-1 ,..., 4., 4., 4 .0 0 • 0 ..g, c 5, CA tS +-. C.:› * • va.1" 0., cs 00 E-, 04 ci) --,,t 4-' 0 4-,cr) ... 0 ' ca - ...V) 4 „....4., o CI al 0 co 0 0 c 2 ,..,,,,:.-, §4:4) 04 Gin t4-4 Z alEtclgt;' , . -tig. 8zgc.. 2 it-,) 4..e. 0 o.., .., g4. 00 0.1 0 4w t\° 2 t 46 a"ii St °5 4-= 0 A.0 I., (1) ctl . •= 0.) Q .1.4 4)0 ,...Imi 0 4-4 P' 0 01 t3 4. I-. g '.. 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CA 3 cd ITEM CA-7 1411 KingCounty Department of Adult and Juvenile Detention Director's Office King County Correctional Facility 500 Fifth Avenue Seattle,WA 98104-2332 206.296.1268 Fax 206.296.0570 IVY Relay: 711 October 5,2011 Dear City lvlanagerfAchninistrator: I am pleased that,after many months ofdiscussions with the Jail Agreement Administrative Group(JAG),we have finalized two new contracting options for jail services for the cities currently under contract with King County through 2016(the"extension cities"). My letter dated May20,2011 highlighted this work and provided a preview of these options. I want to thank all the representatives from JAG cities who worked with us to refine these options,as this is another important step in our work together to strengthen regional partnerships in meeting the public safety needs of our residents. Today's letter and attachments serve as your formal opportunity to consider these options and indicate by November 1,2011 your intentto use one of them or remain with your current agreement. Consistent with Section 9 ofthe current jail services agreement with King County,we are providing you with summary and detailed information about your jail contracting options with King County. In addition to this letter,we have included the following attachments: Table comparing the features of the two new options to your current agreement O The interlace'agreements for the new options O A response form O Letter of May 20,2011 Overview of the Options The County is offering the extension cities two new options for jail service agreements in addition to the option of maintaining your current agreement. Option 1: New 2030 Agreement(Long-Term Option) This option is modeled after the long term agreement developed by King County and the City of Seattle and reviewed by the JAG. Under this option,the County will charge lower and more predictable rates along with a 19-year commitment to make jail beds available in line with the city's historical use ofthe County jail for its contract misdemeanor population. A contract city that chooses this option is committing to a minimum use of beds and to contributing funding for the construction ofany new jail capacity proportional to its use ofCounty jail beds. Both the County and the contracting city are committing to a more durable agreement as termination can ITEM CA-7 City Manager/Administrator October 5,2011 Page 2 of 3 only occur through mutual agreement or by material breach of a party. For any contract city who intends on using this option,we would need to work together quickly to develop a floor and cap in line with the city's historical use of County jail beds. Option 2: New 2020 Agreement This option more closely resembles the agreement that currentlyruns through 2016. Under this option,contract cities in the aggregate would have access to beds in the King County jail through 2020. The number ofbeds for all cities is capped at 75 between 2012 and 2016 and re-set at the County's discretion each year thereafter through 2020 depending on factors such as availability ofjail space. This shorter term agreement has no requirement for minimum use ofjail beds or for a contribution to capital costs for jail expansion. Similar to the current agreement,its termination provisions are also easier to exercise for the city and the County. Along with this different type of commitment,the booking and daily fees are higher than the first option. However,as noted in the attached comparison table,the booking and daily fees in Option 2 are lower than the fees in the current agreement. The surcharges for special services(e.g.,medical,. psychiatric,and 1:1 guarding)would be same for all options. Ea city chooses Option 2,it may be possible to switch to most of the provisions ofthe 2030 Agreement at a later point in time by mutual agreement of the County and the requesting,contract city. Finally,ifyour city is choosing this option,I would respectfully request that you seek approval from your council for this agreement as earlyas possible so that the agreement can be executed by the end of this year. O.tion 3: Sta with Curr- t A.reement This option would largely maintain the current extension jail services agreement which expires at the end of 2016. Based on the current methodology in the agreement,the booking fee for 2012 is 451.72 and the daily fee for 2012 is$135.51. Possible modifications include adjusting the current aggregate cap to align with whatever cities remain with this JSA. Please refer to the comparison table attached to this letter for summary information about these options. However,to understand fully all provisions,it is important to read the actual agreements. The timefranae is short to execute this agreement bythe end of2011. To meet this timeframe,please complete the attached response form,including choosing one of the options, and return it no later than November 1,2011 to the address listed on the form. As noted earlier,this letter with the attachments is consistent with Section 9 of the current agreement(Most Favored Treatment Provision). We are formally providing you an opportunity to review and accept one ofthe new contracting options that may be more favorable than your current agreement. It is important to note that Section.9 will be considered satisfied even if no response is received by November 1,2011. Additionally,Section 9 will also be considered satisfied ifyour city selects one ofthe new contracting options by Novemberl,2011 but does not execute the agreement by December 31,2011, ITEM CA-7 City Manager/Administrator October 5,2011 Page 3 of3 We are pleased that after many months ofwork we can present a menu ofjail contracting options to reflect the different needs ofour contracting partners_ These options,however,are just one aspect of our partnership. No matter which option you choose,we look forward to working with you and other partners through the Regional Jail Group to effectively and efficiently meet the jail needs of law enforcement and the courts. Ifyou have any questions regarding this letter,please contact me at 206-296-1268 or claudia.balducci@kingcounty.gov or Senior Policy Analyst Michael Gedeon at 206-263-9698 or michael.gedeon@kingcounty.gov. Sin a 5 1 L Claudia Balducci ,. v ~-' Director L 1ITEMCA-7 KC Extension Contract Cities (not including Seattle) Average Use @ [l4][}. 011 Cities 2007 2008 , 2009 2010 2O11U an'Gap Bellevue 10i0 7.9 6.1 5.1 2.1 Black Diamond 0.0 0L1 0.0 01 0.0 Bothell 0.6 0.3 0j6 0.7 0.7 Carnation 01 0.0 0i1 0.0 0.0 Clyde Hill 04 0.3 0.4 0.4 0.4 Covington 1.5 1.5 2.1 2.1 1.8 Duvall 0.2 0.1 0.1 0.2 Hunts Point 02 0.1 0i1 0.1 0.0 Issaquah 02 0.4 01 0.3 01 Kenmore 2.7 2.4 2.5 4.3 1.9 Kirkland 4.1 9.0 4.8 1:2 0.2 Lake Fores Park 3.1 2.9 2.8 1.9 2.8 Maple Valley 0.4 02 0.2 0.2 0.5 Medina 1.3 11 0.2OO0.4 Mercer Island 0.2 0.3 03 02 0.2 Newcastle 0.8 0.8 0.6 0.8 01 North Bend 0.4 03 0.3 0.3 0.5 Redmond 3.8 3.4 3.8 4.4 0.3 Sammamish 0.8 0.8 0.6 0.9 0.6 Shoreline 10.3 2.383 9.0 14.1 Snoqualmie 0.1 0.2 0.4 0.4 0.1 Woodinville 2.3 1.3 1.7 1.2 1.2 Yarrow Point 0.0 0.0 0.0 0.0 0.0 TOTAL ADP ' 427 42.7 37.2 39.4 16.2 NOTE: Data is based on KC DAJD headcount reports from those year . Final billable numbers would normally run marginally higher. Version: 10/4/11 ITEM CA-7 King County Department of Adult and Juvenile Detention Director's Office King County Correctional Facility 500 Fifth Avenue Seattle,WA 98104-2332 206.296.1268 Fax 206.296.0570 TTY Relay: 711 May 20,2011 Dear City Manager/Administrator: I would like to update you on recent developments concerning the Jail Services Agreement and receive your feedback and interest on next steps. In particular,King County and the City of Seattle recently announced a new agreement in principle for a long-termjail services agreement. The County is offering your city three options for consideration: a"Long-Tenn"option similar to the County/Seattle arrangement through 2030;a"New 2016"option that incorporates a different approach to jail fees through 2016;and a"Status Quo"option that is the current JSA with potential minor modifications. We would appreciate an initial response about your interest no later than June 3,2011. Background Over the past 14 months,the Cities and County have made progress on jail planning and contracting issues that,in total,represent a new approach for strengthening cooperation across the region for meeting the public safety needs ofour residents. This cooperative approach has led to achieving several important milestones: Final approval ofthe extension Jail Services Agreement(JSA)through 2016 with 24 cities. Ending the-process to site a new jail in Seattle or North/East King County through a combination of anticipated available bed capacity in the region through 2020,including 150 beds from the County. Launching the newregional jail group to support regional cooperation for tracking jail population trends and use of capacity and for coordinating efficient interactions among the jails in our region. Approval of an amendment to the extension JSA to lower thejail fees for 2011,in recognition that the methodology in the JSA unexpectedly was overstating these fees. Recent Developments Having achieved these milestones,the County and the extension Jail Advisory Group began discussions in the fall of 2010 regarding a new methodology for 2012 jail fees that would potentially set the stage for extending the agreement through 2020. Building on these ITEM CA-7 523!2011 Page 2 of3 discussions,the County and City of Seattle agreed in principle to develop anew long-term JSA. Announced on April 14th,this agreement in principle includes the following major components: - It would provide to the City a guaranteed number ofbeds from 2012 through 2030. During this period,the City would commit to paying for a minimum number ofbeds regardless of use. Along with this long-term commitment,there are new booking and daily fees. Beginning in 2012,the booking fee is$95 and the daily fee is$125. The surcharges related to medical and psychiatric housing are similar to the current JSA. Thejail fees increase each year by a more predictable mechanism. The agreement outlines an inflation factor for annual increases except that every five years the fees are recalculated based on the prior year's adopted budget. The County and the City recognize that additional jail beds may be needed to meet the commitment through 2030. Ifadditional jail beds are constructed during the contract period,the City would makes contributions to offset a portion ofthe annual debt service for construction costs. Its contribution would be based on its share ofthe total population in Countyjails. When the agreement expires on 2030,the City is not entitled tojail beds beyond 2030 nor is it obligated to make any more payments(unless a contract extension has been put in place). You can find the agreement in principle at the following website under the heading Related information": http://www.kinkcauraQoviexecinewergeaselalialaikialliAneelnent.aspx Next Steps The County is proposing two new options which your city may want to consider in addition to a third option ofremaining with the current JSA. While important details remain to be developed, these options represent distinct choices. Our next steps will be based on the option that is of the most interest to your city. The attached table highlights the components ofthe new options and compares them to the current JSA. In summary,the options are: 1.Long-Term Option: Under this option,the County will provide lower rates and a guaranteed long-term bed commitment with predictable rates in exchange for your city committing to a minimum use ofbeds starting in 2012. This option would be structured the same as the agreement in principle between the County and Seattle with a few changes related to differences given Seattle's size and use ofjail services. One difference for other cities is the calculation of the floor(city's minimum use commitment)and the cap(County's maximum bed commitment). We should develop a method for calculating the floor and cap for cities that works for a smaller scale ofneed for jail beds and is in line with the historical use ofCounty jail beds. Since the City of Seattle has its own pretrial services staff,another difference is that the booking fee would be slightly higher to include the cost ofKing County's pretrial services. 2.New 2016 Option: Under this option,your city would have access to beds in the King Countyjailthrough2016withacapthatprovidesroomaboveyourcity's historical use of Countyjail ITEM CA-7 5/23/2011 Page 3 of3 beds. This shorter term option would result in a new JSA with no requirement for minimum use ofjail beds or for a contribution to capital costs. Along with this different type ofcommitment, the booking and daily fees would be higher than the"Long-Term"option($150 and$140, respectively). However,the surcharges for special services(e.g.,medical,psychiatric and 1:1 guarding)would be the same. In addition,the mechanism for adjusting fees each year would be the same as the"Long-Term"option. One other provision under this option would allow the City to request the"Long-Term"option at a later point in time ifthe City is not interested in it for 2012. The County would review the request at that time and let the city know ifit has the capacity to accommodate its long-term needs. 3. Status Quo: This option would largely maintain the current extension JSA through 2016. Based on the current methodology in the agreement,the estimated booking fee for 2012 is 452.72 and the estimated daily fee for 2012 is$136.44. Possible modifications include adjusting the cap to align with the cities remaining with this JSA and adjusting the fee methodology,similar to the 2011 amendment,to moderate the fee increase. We recognize that your city will need time to consider these options. At the same time,it is valuable to know the level of interest for these options so that we can resolve the remaining details. Withthis in mind,we are asking that you provide an initial response about your interest in further pursuing either of these options. Please provide the following information via email no later than June 3,2011: Indicate the option that initially interests your city. Send the name,title,e-mail,and telephone number ofyour city's staff member(s),who should be invited to meetings related to the options,to Charles Bolanos,JAG Coordinator JAG COORD(a bellevuewa.gov or 425-452-4192) We look forward to continuing these discussions and an ongoing partnership that supports community safety through effective and efficient jail services. If you have any questions regarding the request,please Michael Gedeon,Senior Policy Analyst contact me. Sincerely, t 7„ Claudia M.Balducci Director ITEM CA-7 Interlocal Agreement Between King County and The City of for Jail Services THIS AGREEMENT is dated effective as of the day ofJanuary 2012, The Parties to this Agreement are King County,a Washington municipal corporation and legal subdivision of the State of Washington the"County")and The City of ,a Washington municipal corporation(the"City"). WHEREAS,this Agreement is made in accordance with the Interlocal Cooperation Act(RCW Chapter 39,34)and the City and County Jails Act(RCW Chapter 70.48); NOW THEREFORE,in consideration ofthe promises,payments,covenants and agreements contained in this Agreement,the parties agree as follows: 1. Definitions: Unless the context clearly shows another usage is intended,the following terms shall have these meanings in this Agreement: 1.1 "Agreement"means this Interlocal Agreement by and between King County and the City for Jail Services and any amendments to this Agreement. 1.2 "Booking"means registering,screening and examining persons for confinement in the Jail or assignment to Work and Education Release(WER);inventorying and safekeeping personal property of such persons;maintaining all computerized records of arrest; performing warrant checks;and all other activities associated with processing a person for confinement in Jail or assignment to WER. 1.3 "Booking Fee"means the fee incurred for booking City Inmates,as further described in Section 4 and Exhibit III,Section 1 1.4 "Business Day"means Monday through Friday,8:00 a.m.until 5:00 p.m.,except holidays and County-designated furlough days. 1.5 "City Detainee"means a person booked into or housed in a Secure Detention facility such as the Jail but also including any other Secure Detention facility not operated by or on behalf of the County,which individual would,if housed in the Jail,qualify as a City Inmate. 1.6 "City Inmate"means a person booked into or housed in the Jail when a City charge is the principal basis for booking or confining that person. A. A City charge is the principal basis for booking or confining a person where one or more ofthe following applies,whether pre-trial or post-trial.(See Exhibit I for further billable charge rules.): 1.6.1 The person is booked or confined by reason ofcommitting or allegedly committing a misdemeanor or gross misdemeanor offense within the City'sjurisdiction,and: 1.6.1.1 the case is referred to the City,through its City Attorney or contracted attorney,for a filing decision;or 1,6.1.2 the case is referred to the City,through its City Attorney or contracted attorney,who then refers the case to the County Prosecutor for a filing decision per section 1.6.2;or 1.6.1.3 the case is filed by the City,through its City Attorney or contracted attorney,whether filed under state law or city ordinance. ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 1.6.2 The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross misdemeanor offense,whether filed under state law or city ordinance,within the City's jurisdiction and the case is referred by the City,through its City attorney or contracted attorney,to the County prosecutor and filed by the County prosecutor as a misdemeanor in district court due to a conflict or other reason but excluding a case filed in a regionally-funded mental health court as described in Section 1.6.10. 1.6.3 The person is booked orconfined by reason ofa Court warrant issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; 1.6.4 The person is booked or confined by reason of a Court order issued either by the City's Municipal Court or other court when acting as the City's Municipal Court;or, 1.6.5 The person is booked or confined by reason of subsections 1.6.1 through 1.6.4 above in combination with charges,investigation of charges,and/or warrants of other governments,and the booking or confinement by reason of subsections 1.6.1 through 1.6.4 above is determined to be the most serious charge in accordance with Exhibit 1. 1.6.6 The person has been booked or confined for reasons other than subsections 1.6.1 through 1.6.5 and would be released or transferred but for the City having requested that the County continue to confine the person. B. A City charge is not the principal basis for confining a person where: 1.6.7 The person is booked or confined exclusively or in combination with other charges by reason ofa felony charge or felony investigation. 1.6.8 The person is confined exclusively or in combination with other charges by reason ofa felony charge or felony investigation that has been reduced to a State misdemeanor or gross misdemeanor. 1.6.9 The City has requested the transfer of the person to another jail facility not operated by King County and the County denies the request,unless one or more ofthe transfer exception criteria listed in Attachment 1-2 are met,in which case the person remains a City Inmate. The billing status of the person will change to no longer be the City's responsibility effective the calendar day following the day that the County denies the transfer request.If the County thereafter determines that it no longer needs to detain the person and the person would as a result become a City Inmate, then the County will provide notice to the City that it will become billable for the Inmate. For details on notice and billing,see Attachment I.2. 1.6.10 The person is booked or confined by reason of committing a misdemeanor or gross misdemeanor offense,whether filed understate law or city ordinance,within the City's jurisdiction and the case is referred by the City attorney or contracted attorney to the County prosecutor and filed by the County prosecutor as a misdemeanor in the mental health court(or successor)for so long as the operations ofsuch court are substantially funded by special regional funds (for example, Mental Illness and Drug Dependency sales tax levy)or other regional funding as the County may determine. The County shall provide the City thirty(30)days Notification before changing the status of a regionally-funded mental health court to 2 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services local fhnding status. The City is not billable for cases filed by the County prosecutor into mental health court prior to changing to local funding status. 1.7 "City WER Participant"means a person ordered to WER bythe City's municipal court or court designated or contracted to provide municipal court services on the City's behalf. 1.8 "Community Corrections Programs"means programs designed as alternatives to,or as rehabilitative or treatment in lieu of,Secure Detention,operated by or on behalf ofthe King County Department of Adult and.Juvenile Detention(DAJD)Community Corrections Division;or its successor.Upon the date ofthe execution ofthis Agreement, Community Corrections Programs include WER,Electronic Home Detention, Community Work Program and Community Center for Alternative Programs(CLAP), 1.9 "Continuity of Care Records"means an Inmate's diagnosis,list of current medications, treatments,PPD(tuberculosis screening test)results and scheduled appointments or follow-ups. 1.10 "Contract Cities"mean cities that are signatory to an agreement in substantially similar form to this Agreement. Contract Cities do not include cities who are a party to the 2012- 2030 Agreement. 1.11 "Contract Cities Inmates"means all Contract Cities'City Inmates. 1.12 "County Inmate"means any Inmate that is not a City Inmate. 1.13 "DAJD"means the King County Department ofAdult and Juvenile Detention or its successor agency. 1.14 "Fees and Charges"are the Fees and Charges imposed as described in Section 4 and Exhibit.III. 1.15 "Force Majeure"means war,civil unrest,and any natural event outside ofthe party's reasonable control,including fire,storm,flood,earthquake or other act ofnature. 1.16 "Inmate"means a person booked into or housed in the Jail. 1.17 The first"Inmate Day"means confinement for more than six(6)hours measured from the time such Inmate or City WER Participant is first presented to and accepted by the Jail for housing in the Jail or WER until the person is released,provided that an arrival on or after six(6)o'clock p.m.and continuing into the succeeding day shall be considered one day. The second and each subsequent Inmate Day means confinement for any portion of a calendar day after the first Inmate Day. For persons confined to the Jail for the purpose ofmandatoryDriving Under the Influence(DUI)sentences,"Inmate Day"means confinement in accordance with Exhibit II. 1.18 "JAG"means the Jail Agreement Administration Group created pursuant to Section 10 of this Agreement. 3 ITEM CA-7 20122020 Interlocal Agreement: Jail Services 1.19 "Jail"means a place owned or operated by or under contract to the County primarily designed,staffed,and used for the housing,in full confinement,of adults charged or convicted of a criminal offense;for the punishment,correction,and rehabilitation of offenders charged or convicted ofa criminal offense;for confinement during a criminal investigation or for civil detention to enforce a court order,all where such place is structured and operated to ensure such individuals remain on the premises 24-hours a day excluding time for court appearances,court approved ofdpremises trips,or medical treatment). Inmates housed in the Jail are considered to be in Secure Detention as defined in Section 1.37. Upon the date of the execution of the Agreement,Jail includes the King County Correctional Facilityand the detention facility at the Malting Regional Justice Center. 1.20 "Maintenance Charge"is the daily housing charge incurred for City Inmates housed in Jail as further described in Section 4 and Exhibit III,Section 1.a. 1.21 "Medical Inmate"means an Inmate clinically determined by the Seattle-King County Department ofPublic Health,or its successor charged with the same duties,as needing the level of services provided in the Jail's infirmary. Ilan Inmate is moved to the general population then the Inmate is no longer considered a Medical Inmate. 1.22 "Notification"means provision ofwritten alert,confirmation of information or request meeting the requirements of Section 13.10. In contrast,a"notice"means providing alert or confirmation ofinformation or request in writing to the individuals identified in Section 13.10,or their designee(as may be specified through a formal Notification) through means less formal than required by Section 13.10 including but notlimited to electronic mail or facsimile. 1.23 "Official Daily Population Count"is an official count of Inmates in the custody of the Jail made at a point in time in a 24-hour period for,among other purposes,security and population management. It is not used for billing purposes. 1.24 "Offsite Medical Care Charges"means those pass through charges for treatment of a City Inmate where that Inmate is clinically determined by the Seattle-King County Department ofPublic Health,or its successor charged with the same duties,as needing a level ofservices provided from offsite medical institutions,as further defined in Exhibit III Section 4 and Attachment III-2. An inmate may receive Offsite Medical Care that triggers an Offsite Medical Care Charge without being otherwise classified as a Medical Inmate or Psychiatric Inmate(e.g.,some Inmates held in the general population receive offsite medical care that will result in Offsite Medical Care Charges being incurred). 1.25 "Psychiatric Inmate"means either an Acute Psychiatric Inmate or a Non-Acute Psychiatric Inmate,as defined below. 1.25.1 A"Non-Acute Psychiatric Inmate"is an Inmate clinically determined by the Seattle-King County Department of Public Health,or its successor charged with the same duties,as needing Psychiatric Care Services(as further described in Exhibit III,Attachment III-2)and housed outside the Jail's acute psychiatric housing units. 4 ITEM CA-7 2012-202OInterlacal Agreement: Jail Services 1.25.2 An"Acute Psychiatric Inmate"is an inmate clinically determined by the Seattle King County Department ofPublic Health,or its successor charged with the same duties,as needing the level of services provided in the Jail's acute psychiatric housing units(as further described in Exhibit III,Attachment 111-2)., If an Inmate is moved to housing outside the Jail's acute psychiatric housing units then the Inmate is no longer considered an Acute Psychiatric Inmate. 1.26 "Parties"mean the City and County,as parties to this Agreement. 1.27 "Secure Bed Cap for Contract Cities"means the maximum total number ofbeds in Secure Detention in the Jail available on a daily basis to house Contract Cities Inmates in the aggregate.The Secure Bed Cap for Contract Cities is based on the Official Daily Population Count,and is established in Section 6. 1.28 "Secure Detention"refers to a facility structured and operated for the full confinement of City Detainees to ensure such individuals remain on the premises 24-hours a day excluding time for court appearances,court approved off-premises trips,or medical treatment),such as the Jail but also including other similar facilities that the City may elect to house City Detainees.Secure Detention in the Jail excludes City Inmates enrolled in.Community Corrections Programs. 1;29 "Surcharge"means any ofthe following special charges,defined in ExhibitIII,Section 3 and further described in Attachment 111-2: Infirmary Care Surcharge;Non-Acute Psychiatric Care Surcharge;Acute Psychiatric Care Surcharge;and 1:1 Guarding Surcharge. 1.30 "2010 Agreement"means the interlocal agreement forjail services between King County and the City as executed between the County and the City effective February 1,2010,as amended. Twenty-four cities each signed a separate agreement with the County in a form substantially similar to the 2010 Agreement,excepting for provisions related to the effective date and the date certain fees and charges were revised. Such agreements are collectively referred to herein as the 2010 Agreement. 1.31 "2012.2030 Agreement"means the agreement executed by the County and the City of Seattle effective on January 1,2012 together with any other interlocal agreement in substantially the same form ofsaid agreement executed by the County and another city. 1.32 "WER"means the County's Work and Education Release Program,operated by the Community Corrections Division of DAJD,or its successor. 1.33 "WER Charge"is the daily housing charge incurred for City WER Participants as further described in Section 4 and Exhibit III,Subsection 1,b.. 2, Term. This Agreement shall commence on January 1,2012,and shall extend through December 31,2020, This Agreement shall supersede all previous contracts and agreements between the Parties relating to the Jail,WER,and any other jail services,except that any obligations contained in these previous contracts or agreements which expressly survived termination or expiration of these previous contracts or agreements shall remain in effect. 5 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 3. Jail and Health Services. The County shall accept City Inmates for confinement in the Jail and City WER Participants for assignment to WER,exceptas provided in Sections 5,4,and 6 ofthis Agreement. The County shall also furnish the City with Jail facilities,booking,transportation among facilities,as determined necessary in the County's sole discretion,including the various Jail facilities,Harborview Medical Center and Western State Hospital,and custodial services,and personnel for the confinement ofCity Inmates at least equal to those the County provides for confinement of County,Inmates. However,the County reserves the right to operate specific programs and/or facilities exclusively for County Inmates or persons sentenced or assigned to Community Corrections Programs. The County shall furnish to City Inmates in Secure Detention all Jail medical,dental and other health care services required to be provided pursuant to federal or state law. Also,the County shall make every reasonable effort to release a City Inmate or City WER Participant as expeditiously as possible after the County has received notice ofa court order to release. Nothing in this section shall be deemed to limit theCounty's right to refuse to accept City Detainees for confinementin Jail or sentencing to WER when they are deemed by the County to be in need ofurgent medical care. 4. City Compensation, The City will pay the County a Booking Fee,Maintenance Charge,WER Charge,Surcharges and Offsite Medical Charges as follows(together with such other charges as may be applicable in accordance with this Agreement): 4.1 Booking Fee. The Booking Fee shall be assessed for the booking of City Inmates by or on behalfofthe City into Secure Detention in the Jail,and for the booking ofCity WER Participants directly reporting to WER,as further described in Exhibit III,Section 2. The Booking Fee will be annually adjusted effective each January 1'. 4.2 Maintenance Charge. The Maintenance Charge shall be assessed for a City Inmate for each Inmate Day as provided in Exhibit III,Subsection I.a. The Maintenance Charge will be annually adjusted effective each January I'. 4.2.1 The County will maintain its program to provide notice to the City after booking a CityInmate in order to give notice that the City Inmate has been booked and to provide the opportunity for release to the City ifthe City so desires. Such action will take place as soon as reasonably possible but no later than the next business day after booking. A City Inmate released within six hours of booking will result in no Maintenance Charges. 4.2.2 The County will maintain its program to provide notice to the City ofthe billing status of its Inmates for the prior calendar day in cases where confinement is the result of multiple warrants or sentences from two or morejurisdictions. As ofthe date of this Agreement,this notice is provided to the City once each business day when applicable.The intent ofthis program is to allow the City to take custody ofa City Inmate ifit so desires after the otherjurisdictional warrants`are resolved and thereby prevent unnecessary Maintenance Charges. 4.2.3 The Parties may amend the notice requirements of Sections 4.2.1 and 4.2.2 by administrative agreement signed by both the Chief Executive Officer ofthe City and the King County Executive. 6 ITEM CA-7 301 Agreement: Jail Services 4.3 WER Charge. The VIER Charge shall be assessed for a City WER Participant for each Charges Inmate Day as provided in Exhibit III,Subsection 1.b. The WER charge will be annually adjusted effective each January 1'. 4.3.1 Access to and The Parties agree to discuss in good faith the ability for the City to access Community Corrections Programs in addition to WER.,and to negotiate charges for such access. Any agreement between the Parties with respect to access and charges for Community Corrections Programs in addition to WER shall be enacted through an amendment to this Agreement. 4.4 Surcharges and Offsite Medical Charges. In addition to the Booking Fee,Maintenance Charge,WER Charge,and any other charges agreed to per Section 4.3.1,the City will be charged for Offsite Medical Charges and Surcharges as detailed in Exhibit Section 3 and 4, 4/4-1 Proposed Notice of Certain Surcharges. The County intends to provide or make available to the City timely notice of occurrences when a City Inmate is admitted to Harborview Medical Center or other offsite medical institution,or is receiving infirmary care or psychiatric care that will subject a City to Surcharges. Notice provided or made available will be based on information known to DAJD at the time(since billing status ofan Inmate may be changed retroactively based on new information or other factors). The County intends to provide or make available this notice within 2 business days following the day in which the chargeable event occurs and will make good faith efforts to provide notice sooner if practicable. The County will make good faith efforts to try to institute a means to provide notice to the City within 24 hours of the admittance ofa City Inmate to Harborview Medical Center or other offsite medical institution. The County's failure to provide or make available notice or develop quicker means to provide notice to the City as detailed above shall not excuse the City from financial responsibility for related Offsite Medical Charges or Surcharges,and shall not be a basis for imposing financial responsibility for related Offsite d Surcharges on the County 5. Billing and Billing Dispute Resolution Procedures. 5.1 The County shall transmit billings to the City monthly. Within forty-five(45)days after receipt,the City shall pay the full amount billed or withhold a portion thereof and provide the County wiitten notice meeting the requirements ofSection 5.2,1 specifying the total amount withheld and the grounds for withholding such amount,together with payment of the remainder_-__ --the Notwithstanding_-,-_ foregoing,the County shall bin the City for Offsite Medical Charges as such charges are periodically received by the County from third party medical institutions or other offsite medical providers. Offsite Medical Charges shall be due within such time and subject to such withholding and dispute resolution procedures as otherwise provided in this Section 5. ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 5.2 Withholding ofany amount billed or alleging a violation related to billing provisions of this Agreement shall constitute a dispute,which shall be resolved as follows: 5.2.1 The County shall respond in writing to billing disputes within 60-days ofreceipt ofsuch disputes by the DAJD billing offices. To ensure the soonest start to the 60-day timeline,the City should send billing disputes directly to the DAJD bitting office by fax or U.S.mail,rather than to any other County office or officer. The DAJD billing office address as of the date of this Amendment is: KC DAJD Attn:Finance—Inmate Billing 500 5th Avenue Seattle,WA 98104 FAX Number:206-296-0570 5.2.2 Thereafter,the County and the City shall attempt to resolve the dispute by negotiation. If such negotiation is unsuccessful,either Party may refer the dispute to JAG for resolution. In the event JAG is unable to resolve the dispute within 30-days of referral,either Party may pursue the dispute resolution mechanisms outlined in Section 11. 5.3 Any amount withheld from a billing,which is determined to be owed to the County pursuant to the dispute resolution procedure described herein,shall be paid by the City within thirty(30)days of the date of the negotiated resolution or appeal determination. 5.4 Ifthe City fails to pay a billing within 45-days of receipt,the County will provide the City with a notice of its failure to pay and the City shall have ten(10)days from receipt ofsuch notice to cure non-payment. Any undisputed billing amount not paid by the City within sixty(60)days ofreceipt ofthe 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 ofresolution,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. In the event the City fails to cure its nonpayment, the City shall be deemed to have voluntarily waived its right to house City Inmates in the Jail or be assigned to WER.and,at the County's request,will remove City Inmates already housed in the Jail or assigned to WER within thirty(30)days. Thereafter,the County,at its sole discretion,may accept no further City Inmates or City WER Participants until all outstanding bills are paid.This provision shall not limit the City's ability to challenge or dispute any billings that have been paid by the City. 5.5 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 ofreceipt ofthe billing,and any amounts found to be owing to the County as a result of the billing dispute resolution procedure. 5,6 Each Party may examine the other's books and records to verify charges. If an examination reveals an improper charge,the next billing statement will be adjusted appropriately. Disputes on matters related to this Agreement which are revealed by an audit shall be resolved pursuant to Section 5.2. 8 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 6. Jail Capacity. 6.1 The Contract Cities may house Contract Cities Inmates in the Jail at an aggregate number,calculated based on the Jail's Official Daily Population Count,equal to or less than the Secure Bed Cap for Contract Cities established in Sections 6.1.1 and 6.1.2. 6.1.1 Effective January 1,2012 and through December 31,2016,the Secure Bed Cap for Contract Cities in the aggregate is 75 beds. These 75 beds shall be available on a first-come,first-served basis measured at the time of the Jail's Official Daily Population Count. 6.1.2 For the calendar year beginning January 1,2017 and each calendar year thereafter through the term ofthis Agreement,the County at its sole discretion shall establish the Secure Bed Cap for Contract Cities;provided that the Secure Bed Cap for Contract Cities cannot exceed 130 without approval ofthe Parties' respective legislative bodies. The County shall provide to the Contract Cities notice ofthe Secure Bed Cap for Contract Cities six months before the start of the calendar year beginning with notice on July 1,2016 for the 2017 calendar year. 6.1.2.1 The County shall also provide to the Contract Cities a preliminary estimate ofthe Secure Bed Cap for Contract Cities 12 months before the start ofthe calendar year. Such preliminary estimate is provided to the Contract Cities for planning purposes only and does not limit the County in setting the Secure Bed Cap as described in Section 6.1.2. 6.2 In the event the number of Contract Cities Inmates exceeds the Secure Bed Cap for Contract Cities described in Section 6.1,the County will notify the Contract Cities by phone or electronic mail.The County may then decide to continue to house Contract Cities Inmates in excess of the Secure Bed Cap for Contract Cities. Alternatively,the County may refuse to accept bookings from the City until such time as the aggregate number ofContract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities, If the aggregate number ofContract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities through removal of Contract Cities Inmates from the Jail, then the County will be obligated to accept new City bookings. The notice required by the first sentence ofthis Section 6.2,will be made to the person designated in Section 13.10 ofthis Agreement,and will inform the City whether the County intends to continue to house Contract Cities Inmates in excess ofthe Secure Bed Cap for Contract Cities described in Section 6.1,or whether the County will refuse to accept bookings from the City until such time as the aggregate number of Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities described in Section 6.1. 6.3 At the end ofthe last day of this Agreement,the City agrees to reduce the number ofCity Inmates in the Jail to 0 and the number of City WER Participants to 0,with the exception that Inmates whose status has changed to City Inmate,or WER participants whose status has changed to City WER Participant will not be included in the calculation ofthe 9 ITEM CA-7 2012-2020 Intel-local Agreement: Jail Services number of City Inmates or WER Participants if such individuals are removed from the Jail or WER within 72-hours of such change in status. For the purpose ofdetermining the number of Contract Cities Inmates and Contract Cities WER Participants only,and not for billing purposes,Inmates held on multiple warrants or sentences by the County which include one or more city warrants or sentences in addition to a County and/or state warrant or sentence,and Contract Cities Inmates or Contract Cities WER Participants that have been booked into the Jail or WER and the City has not been notified of such booking shall not be considered a Contract Cities Inmate or Contract Cities WER Participant, Also,Contract Cities Inmates housed in the Jail or Contract Cities WER Participants assigned to WER pursuant to a reciprocal bed- use agreement will not be considered Contract Cities Inmates or Contract Cities WER Participants for the purpose of determining the number of City Inmates or City WER Participants. 6.4 The Contract Cities can access WER beds,subject to availability,on a first come,first serve basis.The County may in its sole discretion provide a specific number of WER beds to City WER Participants. 6.5 The Jail's capacity limit for Medical Inmates is thirty(30). The Jail's capacity limit for Psychiatric Inmates is one-hundred fifty-one(151). For the purpose of this Section the Medical and Psychiatric Inmate population will be determined following the definitions in Sections 1.21 and 1.25 at the time ofthe Jail's Official Daily Population Count. 6.6 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set forth in Section 6.5,the County will provide notice to the City by phone or electronic mail. Such notification will be made to the person designated in Section 13.10 ofthis Agreement. At the time this notification is made the County may request that the City take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 6.5,or the County may inform the City that it is willing to continue to house these Inmates. 6.7 County requests under Section 6.6 will be made as follows.The billable city(under this Agreement or other jail service agreements between the County and cities that have identical provisions as this Section)with the Inmate most recently admitted as Medical or Psychiatric Inmate will be asked to take custody of that inmate. This process will be repeated until such time as the Medical and Psychiatric populations are reduced below capacity limits,or the Jail is willing to house these Inmates. 6.8 If the County,pursuant to Sections 6.6 and 6.7,requests that the City take custody of Medical or Psychiatric Inmates,the City shall comply with the County's request.The City may take custody of its' Medical or Psychiatric Inmates by picking them up within Within eight(8)-hours ofthe County's request,the City may provide the County with the names of other Medical Inmates to substitute for the Medical Inmates identified for pick-up by the County.In the event the City identifies substitute Medical Inmates that are City Inmates,the provisions ofSectiori 6 will continue to apply. In the event the City identifies substitute Medical Inmates that are the responsibility ofa different city(Substitute City)that is party to this Agreement or ajail services agreement with the King County containing these same provisions,the Substitute ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 24-hours ofthe County's request,or byproviding notice to the County,within 24-hours ofthe County's request,that the Citywould like the County to deliver the Inmates to the City's designated drop-off location or abackup location previously provided to the County2. Ifthe City has not picked-up the Medical or Psychiatric Inmate within 24- hours of the County's request,or the City has requested that the County take the Medical or Psychiatric Inmate to the designated drop-off location or backup location,the County will deliver the Medical or Psychiatric Inmate to the City's designated drop-off location or backup location.In either case,the City's designated drop-off location or backup location must accept delivery from the County,and must be available to do so seven days a week,twenty-four hours a day. In all cases,the County shall provide the receiving entity with Continuity of Care Records,in a sealed envelope,at the time custody is transferred. The City will ensure that the Cityand the receiving entity comply with all applicable confidentiality laws and rules. Similarly,the City will ensure that Continuity of Care Records are provided to the County at the time custody of a City Inmate receiving the level of care consistent with a Medical or Psychiatric Inmate is transferred to the County. 6.9 The County will transport Medical or Psychiatric Inmates to a designated drop-off location or backup location within King County,Washingtonwithout charge. The City will pay all transportation costs for Medical or Psychiatric Inmates taken to a designated drop offlocation or backup location outside ofKing County,Washington. In no case will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state. 7. Jail Planning and Potential Future Agreements. 7.1 Jail Planning.The County and the City recognize the value ofsharing information about their respective inmate populations and anticipated use of Secure Detention and alternative means of detention. The Parties agree to make good faith efforts to share this information regularly through the Regional Jail Group or similar forum. Furthermore,at the point the County begins planning for potential jail bed expansion,the County will make good faith efforts to provide notice to the City that such planning is underway so that the City has an opportunity to express any interest in contracting for additional jail beds based on terms potentially similar to many of those in the 2012-2030 Agreement. 7.2 Potential Future Agreements. If in the future the City is interested in executing an agreement with the County for jail beds incorporating terms similar to many ofthose in, the 2012-2030 Agreement,the City shall provide Notification of its interest to enter into negotiations with the County. Within 60 days of the City's Notification,the County shall provide a response through written Notification to the City ofwhether it agrees to enter negotiations with the City. The County at its sole discretion can determine whether to City will be responsible for picking-up the substitute Medical Inmates within 24-hours of the initial request for pick- up. In the event the Substitute City fails to pick-up its Medical Inmates within 24-hours ofinitial notification to the City,the County will deliver the Medical Inmates named in the original notification to the City's designated drop- off location or backup location. The procedures outlined in this footnote willalso apply to Psychiatric Inmates. 2 The City's designated drop offlocation and backup location must be either a facility in the direct control ofthe City or a facility that is contractually obligated,consistent with the terms ofthis Agreement,to act as the City's designated drop-offlocation or backup location.The City may change its designated drop off location or backup location byproviding Notification to the County ofthe change. 11 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services negotiate an agreement with the City for jail beds incorporating terms similar to many of those in the 2012-2030 Agreement,which agreement would be subject to approval by both Parties'respective legislative bodies. 8, Indemnification. 8.1 The County shall indemnify and hold harmless the City and its officers,agents,and employees,or any of them,from any and all claims,actions,suits,liability,loss,costs, expenses,and damages of any nature whatsoever,by reason of or arising out of any negligent action or omission ofthe County,its officers,agents,and employees,or any of them. In the event that any suit basedupon 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 rightto participate in said suit ifany 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,orjointly against the City and the County and their respective officers,agents,and employees,or any of them,the County shall satisfy the same. 8.2 The City shall indemnify and hold harmless the County and its officers,agents,and employees,or any of them,from any and all claims,actions,suits,liability,loss,costs, expenses;and damages ofany nature whatsoever,by reason of or arising outof any negligent act or omission ofthe City,its officers,agents,and employees,or any of them. In the event that any suit based upon such a claim,action,loss,or damage is brought against the County,the City shall defend the same at its sole cost and expense;provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved;and if final judgment be rendered against the County,and its officers,agents,and employees,or any ofthem,orjointly against the County and the City and their respective officers,agents,and employees,or any ofthem,the City shall satisfy the same. 8.3 In executing this agreement,the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility,which arises in whole or in part from the existence or effect of City ordinances,rules or regulations. If any cause, claim,suit,action or administrative proceeding is commenced in which the enforceability and/or validity ofany such City ordinance,ruleor regulation is at issue,the City shall defend the same at its sole expense and ifjudgment is entered or damages are awarded against the City,the County,or both,the City shall satisfy the same,including all chargeable costs and attorney's fees. 8.4 The terms of this Section 8 "Indemnification" shall survive the termination or expiration of this Agreement. 9. Most Favored Treatment. 9.1 During the term ofthis Agreement,the County represents and assures the City that no other city or town will be offered a contract covering the Jail,WER orjail services that grants such city or town Favored Treatment(as defined below),unless such contract,in substantially similar form,is also offered through Notification by the King County Executive to the City. 12 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 9.2 Within 60-days of receipt of an offer that the County represents as being made in accordance with Section 9.1,the City through Notification byits Chief Executive Officer must either: i) Accept the offer and such acceptance means the City acknowledges thatthe County has complied with Section 9.1; ii) Decline the offer;or iii) Inform the County that the City believes the offer does not comply with the requirements ofSection 9.1 at which point the matter will be deemed referred to,JAG pursuant to Section 10 and thereafter either party may pursue dispute resolution per Section 11 ofthis Agreement. If the City within 60-days declines the offer per Section 9.2(ii),or fails to respond within 60-days in the manner described in Section 9.2(i),(ii)or(iii),then the City shall be deemed to have waived its right to enforce this Sectionwith respect to the offer. 9.3 Per Section 13.11 ofthis Agreement,final execution of any new or amended contract is subjectto City Council and County Council approvals. 9.4 Favored Treatment means that the terms contained in such other contract are clearly preferable to the terms contained in this Agreement,taking into account all provisions, including but not limited to,rates,guaranteed bed capacity,and minimum payment obligations. 9.5 This Section shall not apply to a)temporary service contracts of twelve months or less in duration;provided that such temporary service contracts shall not cause the City to pay more in Maintenance Charges and booking fees than the City would have paid without such a temporary service contract;b)reciprocal bed use agreements;and c)any agreements among the County and any city or town for additional services not provided for in this Agreement. 9.6 The Cityacknowledges that the County offered the City the 2012-2030 Agreement and hereby waives its right under Section 9 with respect to the 2012-2030 Agreement. 10. Jail Agreement,Administration Group(JAG).A JAG ishereby established to work together to assure the effective implementation of this Agreement and resolve any Agreement administration, implementation or interpretation issues including,without limitation,issues related to Inmate transportation,alternative and community correction programs,coordination with the courts and law enforcement,mental health,drug and alcohol treatment,Agreement interpretation,any capital expenditure charge or budget included in the Maintenance Charge or WER Charge, referrals of disputes(including but not limited to disputes arising under Section 5)and issues related to the expedient transfer of CityInmates into or out of alternative facilities within or outside of King County. Each Contract City shall have one representative on the JAG. The County shall have two representatives(including a representative ofthe Executive and the Director ofDAJD). 13 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services The Parties agree that the JAG has no authority to make a final decision with regard to any matter related to the Agreement. Ifthe City,or the County,is not satisfied with status ofa matter after discussion in the JAG,that party retains all rights to seek further legal redress as provided for the Agreement,including referral ofmatters to dispute resolution per Section 11 ofthe Agreement. The JAG may meet with other similar jail agreement advisory groups created under otherjail service agreements between the County and other cities when there are issues in common between this Agreement and other agreements. 1L Dispute Resolution. In the event the Parties are unable to resolve a dispute within 30 days of its referral to the JAG per Section 5 or Section 10,then either Party may pursue the dispute resolution provisions ofthis Section 11. 11.1 Either Party may give Notification to the other in writing of a dispute involving the interpretation or execution of the Agreement. Within thirty(30)days of this Notification, the King County Executive and the Chief Executive Officer of the City shall meet to resolve the dispute. If the dispute is not resolved,then at the request of either Party it shall be referred to non-binding mediation. Except as provided in Section 11.2,the mediator will be selected in the following manner: the City shall propose a mediator and the County shall propose a mediator;in the event the mediators are not the same person, the two proposed mediators shall select a third mediator who shall mediate the dispute. Alternately,the Parties may agree to select a mediator through a mediation service mutually acceptable to both Parties. The Parties shall share equally in the costs charged by the mediator or mediation service. 11,2 If other cities are party to an agreement substantially similar to this Agreement,each such city shall be promptly sent Notification of the dispute and,any such city shall be given the opportunity to both participate in the initial meeting to resolve the dispute and to participate as a party in mediation ofsuch dispute. In the case of more than two cities participating in a mediation,the parties agree to engage a mediator through a mediator or mediation service acceptable to both King County and a majority of cities participating in the mediation, The County and all cities joining the mediation shall share equally in the costs thereof per Section 11.1. 11.3 Each party reserves the right to litigate any disputed issue in court,de novo. 12. Termination, Either Party may initiate a process to terminate this Agreement as follows: 12.1 Ten-Day Notification of Intent to Terminate. Any Party wishing to terminate this Agreement shall issue a written Notification of intent to terminate,not less than ten(10) days prior to issuing a ninety(90)day termination Notification under Section 12.2 ofthis Agreement. Upon receipt ofthe written Notification of intent to terminate,the parties will meet to confer on whether there are steps that the non-terminating party can take in order to avoid a ninety(90)day termination Notification notice under Section 12.2 of this Agreement, 12.2 Ninety-Day Termination Notification. After the ten(10)day period has run under Section 12.1 of this Agreement,the party desiring to terminate this Agreement may provide the 14 ITEM CA-7 2012-2020 InterlocaI Agreement: Jail Services other party ninety(90)days written termination Notification,as provided in RCW 70.48.090. 13. General Provisions. 13.1 Other Facilities. This Agreement reserves in each party the power to establish a temporary holding facility during a riot,civil disobedience or natural disaster,to establish group homes or other care or rehabilitation facilities in furtherance ofa social service program,to temporarily transfer Inmates to alternative detention facilities in order to respond to Jail overcrowding,and to comply with a final order of a federal court or a state court ofrecord for the care and treatment of Inmates. 13.2 Grants. Both Parties shall cooperate and assist each other toward procuring grants or financial assistance from the United States,the State ofWashington,and private benefactors for the Jail,the care and rehabilitation ofInmates,and the reduction ofcosts of operating and maintaining Jail facilities. 13.3 Severability. Ifany provision of this Agreement shall be held invalid,the remainder of this Agreement shall not be affected thereby. 13.4 Remedies. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative ofthe party to be bound thereby. Failure to insist upon full performance on any one or several occasionsdoes not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after Notification of a deficiency in performance constitute an acquiescence thereto. The Parties are entitled to all remedies,in law or equity. 13.5 Exhibits.This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth: Exhibit I Method of Determining Billable Charge and Agency Exhibit II Exception to Billing Procedure Exhibit III Calculation ofFees,Charges and Surcharges 13.6 Not Binding on Future Agreements. This Agreement does not bind the Parties as to the terms,fees,or rate formulas to be included in any future jail services agreements. 13.7 Entire Agreement, This Agreement,including all exhibits and attachments hereto, represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 13.8 Modifications. The provisions of this Agreement may only be modified and amended with the mutual written consent ofthe King County Executive and the Chief Executive Officer of the City and the approval oftheir respective legislative bodies,excepting that certain modifications to the fee re-sets and the notice requirements in Sections 4.2.2, 4.2.3 and Attachment 1-2 may be approved administratively by signature of both the Chief Executive Officer of the City and King County Executive as specified herein. 15 ITEM CA-7 2012-2020 Interlocal Agreement; Jail Services BOOKING FEE PART I: CALCULATION OF THE BOOKING FEE, Based on 2011 Adopted kudget Base Booking Fee Standard Total for those entities Booking Fee for Budgeted that do not use those entities Costs King County PR who do use King Screeners County PR Screeners 1 Detention Booking Costs-DAJD 12,715,934 12,715,934 2 Plus County and DAJD Overhead 1,502,994 1,502,994 3 Sub-total-DAJD Booking Cost Before Adjustments 1.,218,928 14,218,928 Adjustments 4 Plus Jail Health Intake Services 2 744,549 2,744,549 5 Plus PR Screeners&Overhead 1,683,055 1,683,055 6 Sub-total-Booking Cost Adjustments 2 744,549 1,683,055 4,427,604 7 Total Booking Costs 1;,963,477 1,683,055 18,646,532 8 Less DAJD Booking Cost Recovered in Daily 14,032,477 Maint. of DAJD Booking Cost 40.56% 9 Total Book Cost included in Calculation 6 931,000 of Base Booking Cost 0.86% 11 Bookings 7,594 37,717 12 Booking Fee 145.63 44.62 3%Increase 2012 150.00 45,96 PART II: 2011 Costs inflated to 2012 Baseooking Fee Standard for t ose entities Booking Fee for that do not use those entities Kin County PR who do use King Screeners County PR Screeners 13 3%Increase 2012 150.00 195.96 30 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services NOTES: 1 Based on the DAJD 2011 Adopted Budget,in both the KCCF and RJC Cost Center(Orgs)from Essbase(the budget system). 2 Overhead is allocated based on proportionate share ofthe adopted budget including allocating costs to the booking charge. 3 Total of lines 1 and 2 4 Jail intake health screening costs are included in the booking fee,and removed from basicjail health(line I id on the general maintenance day comparison sheet). 5 PR Screeners are part ofthe Community Corrections Division(CCD). PR Screener costs are part ofthe Standard Booking Fee charged to any cities using the County's PR Screeners. Refer to Exhibit III Section 2b on how the City can(qualify for the Base Booking Fee which does not include the costs for the County's PR Screeners, 6 Total of lines 4 and 5. 7 Total of lines 3 and 6. 8 Represents total amount S10,032,477 and percentage(70.56%)ofDAJD Booking Costs recovered in the Daily Maintenance Fee.The remaining 29,44%,$4,186,451(ties to Line 9 Daily Maintenance Calculation),is included in Line 9 Total Booking Cost. 9 Represents the amount oftotal booking costs(including Jail Health Intake Services,line 4)and percentage 40.86%)used to calculate the Base Booking Fee of$150,Calculation:Line 3 S14,218,928 plus Line 6 S2,744,549 less Line 8(S10,032,477), See Exhibit III Section 2. 11 Total budgeted Bookings are used to calculate the base and standard booking fees. 12 Calculated Fee prior to 2012 Inflation. 13 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 5. 31 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services INFIRIVIARY(DAILY)SURCHARGE JAIL HEALTH SERVICES JHS) PART I: CALCULATION OF THE INFIRMARY(DAILY)SURCHARGE(JHS) Based on,2011 Adopted Budget Budgeted Costs 1 JHS Infirmary Services Staffing Costs 1,332,615 2 JHS Infirmary Non-Staffing Costs 333,154 3 Total JHS Infirmary Costs 1,665,769 4 Average maintenance days for the Infirmary(Location: 24.60 Infirmary or successor location) 5 JHS Infirmary Fee per inmate/day 185.52 PART II: 2011 Costs inflated to 2012 6 4.5%Increase 2012 193.87 NOTES: 1 2011 Budgeted wage and benefit costs for JHS staffwho provided services to Inmates in the Infirmary. Costs are allocated to the Infirmary Surcharge basedupon the number ofshifts scheduled in the Infirmary as a percentage ofall IRS shifts scheduled in thejails.Scheduled shifts are based upon the most current staffing model designed and flexed to meet the needs ofa changing population. The staffing model used for calculation of the 2009 Amendment rate was in place in September,2008(at the time the cost model was updated). 2 2011 Budgeted costs for pharmaceuticals(including intravenous medications and supplies),medical supplies and medicalequipment for Inmates in the Infirmary. 3 Ties to Line lie of the General Maintenance Daily Charge. 4 Budgeted Maintenance Days for Infirmary Location or Successor Location as defined in"Maintenance Day Population by Jurisdiction and Housing Type"-Infirmary.Total ADM. 6 This is the rate for 2012, Future years the inflator will be calculated as described in Exhibit III,Section 5. 32 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services PSYCHIATRIC CARE SERVICES DAILY JAIL HEALTH SERVICES(JIIS) PART I: CALCULATION OF THE PSYCHIATRIC(DAILY)SURCHARGE(JHS) Based on 2011 Adopted Budget Budgeted Costs 1 JHS Psychiatric Services Staffing Costs 2,926,847 2 JHS Psychiatric Services Non-Staffing Costs 399,115 3 Total JHS Psychiatric Services Costs 3,325,962 4 Average maintenance days for Inmates receiving 156.10 Psychiatric Care Services 5 JHS Psychiatric Services Fee per inmate/day 58.37 PART II: 2011 Costs inflated to 2012 6 4.5%Increase 2012 61.00 NOTES: 1 Budgeted wage and benefit costs for HIS staffwho provided services to the Acute and Non-Acute Psychiatric Housing units. Costs are allocated to the Psych Care Surcharge based upon the number ofshifts scheduled in psych housing units as a percentage of all JHS shifts scheduled in thejails.Scheduled shifts are based upon the most current staffing model designed and flexed to meet the needs ofa changing population. The staffing model used for calculation of the 2009 Amendment rate was in place in September,2008(at the time the cost model was updated). 2 Budgeted costs for pharmaceuticals and medical supplies for Inmates in Acute and Non-Acute Psychiatric housing. 3 Ties to 1lb of the General Maintenance Daily Charge. 4 Budgeted Maintenance Days for 7North Location or Successor Location as defined in"'Maintenance Day Population by Jurisdiction and Housing Type"-(Acute Psych-Total ADM PLUS Non-Acute Psych-Total ADM). 6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 5. 33 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services ACUTE PSYCHIATRIC HOUSING(DAILY)SURCHARGE PART I: CALCULATION OF THE ACUTE PSYCHIATRIC HOUSING(DAILY) COMPONENT OF THE ACUTE PYSCHIATRIC SURCHARGE Based on 2011 Adopted Budget Budge ed Costs 1 Direct Detention Staffing Costs 2,77,974 2 Overhead-County and DAJD Admin 32440 3 Total Acute Psych Jail Costs 3,050A14 4 Average Maintenance Days for Acute Psych Housing 50.60 7North location or successor location) 5 Acute Pysch Rousing(Daily) 165.16 PART II: 2011 Costs inflated to 2012 6 3%Increase 2012 170.11 NOTES: 1 Detention costs include staffing(salaries,benefits,meals). 2 Overhead allocated based on proportionate share ofthe budgeted costs. 3 Budgeted Maintenance Days for 7North Location or Successor Location as defined in"Maintenance Day Population by Jurisdiction and Housing Typed-Acute Psych-Total ADM. 6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 34 ITEM CA-7 2012-2020 Interiocal Agreement: Jail Services 1:1 GUARDING(HOURLY) SURCHARGE PART I: CALCULATION OF THE 1:1 GUARDING HOURL SURCHARGE 2011 Est.Costs 1 Direct Detention Staffing Costs 2,088,274 2 Overhead-County and DAJD Adrnin 246,829 3 Total I:1 Guarding Costs 2,335,103 4 Average Officers per day 4.76 5 1:1 Guarding Cost/Day 1;343.67 6 1:1 Guarding Cost/Hour 55.99 PART II: 2011 Costs inflated to 2012 7 3%Increase 2012 57.67 NOTES: 1 Direct Detention Staffing Costs are determined using the following methodology Actual 1:1 Guarding Hours X Avg.CO Hourly Overtime Rate=Direct Staffing Costs Avg.CO Hourly Overtime Rates is derived from the 2011 Essbase PSQ Salary file,taking the average Overtime hourly rate for a Corrections Officer,and increasing by 3%for Gun Qualification Premium. 2 Overhead is allocated based on proportionate share of the budgeted costs. 4 Calculation: 1:1 Guarding Hours l#of days in year/24 hours=Average Officers per day. 5 Calculation: Line 3/(Average Officers per day x#ofdays in year). 6 Calculation: Line 5/24hrs. 7 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III, Section 5. 35 ITEM CA-7 2012-2020 Intel-local Agreement: Jail Services number of City Inmates or WER Participants if such individuals are removed from the Jail or WER within 72-hours of such change in status. For the purpose ofdetermining the number of Contract Cities Inmates and Contract Cities WER Participants only,and not for billing purposes,Inmates held on multiple warrants or sentences by the County which include one or more city warrants or sentences in addition to a County and/or state warrant or sentence,and Contract Cities Inmates or Contract Cities WER Participants that have been booked into the Jail or WER and the City has not been notified of such booking shall not be considered a Contract Cities Inmate or Contract Cities WER Participant, Also,Contract Cities Inmates housed in the Jail or Contract Cities WER Participants assigned to WER pursuant to a reciprocal bed- use agreement will not be considered Contract Cities Inmates or Contract Cities WER Participants for the purpose of determining the number of City Inmates or City WER Participants. 6.4 The Contract Cities can access WER beds,subject to availability,on a first come,first serve basis.The County may in its sole discretion provide a specific number of WER beds to City WER Participants. 6.5 The Jail's capacity limit for Medical Inmates is thirty(30). The Jail's capacity limit for Psychiatric Inmates is one-hundred fifty-one(151). For the purpose of this Section the Medical and Psychiatric Inmate population will be determined following the definitions in Sections 1.21 and 1.25 at the time ofthe Jail's Official Daily Population Count. 6.6 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set forth in Section 6.5,the County will provide notice to the City by phone or electronic mail. Such notification will be made to the person designated in Section 13.10 ofthis Agreement. At the time this notification is made the County may request that the City take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 6.5,or the County may inform the City that it is willing to continue to house these Inmates. 6.7 County requests under Section 6.6 will be made as follows.The billable city(under this Agreement or other jail service agreements between the County and cities that have identical provisions as this Section)with the Inmate most recently admitted as Medical or Psychiatric Inmate will be asked to take custody of that inmate. This process will be repeated until such time as the Medical and Psychiatric populations are reduced below capacity limits,or the Jail is willing to house these Inmates. 6.8 If the County,pursuant to Sections 6.6 and 6.7,requests that the City take custody of Medical or Psychiatric Inmates,the City shall comply with the County's request.The City may take custody of its' Medical or Psychiatric Inmates by picking them up within Within eight(8)-hours ofthe County's request,the City may provide the County with the names of other Medical Inmates to substitute for the Medical Inmates identified for pick-up by the County.In the event the City identifies substitute Medical Inmates that are City Inmates,the provisions ofSectiori 6 will continue to apply. In the event the City identifies substitute Medical Inmates that are the responsibility ofa different city(Substitute City)that is party to this Agreement or ajail services agreement with the King County containing these same provisions,the Substitute ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 24-hours ofthe County's request,or byproviding notice to the County,within 24-hours ofthe County's request,that the Citywould like the County to deliver the Inmates to the City's designated drop-off location or abackup location previously provided to the County2. Ifthe City has not picked-up the Medical or Psychiatric Inmate within 24- hours of the County's request,or the City has requested that the County take the Medical or Psychiatric Inmate to the designated drop-off location or backup location,the County will deliver the Medical or Psychiatric Inmate to the City's designated drop-off location or backup location.In either case,the City's designated drop-off location or backup location must accept delivery from the County,and must be available to do so seven days a week,twenty-four hours a day. In all cases,the County shall provide the receiving entity with Continuity of Care Records,in a sealed envelope,at the time custody is transferred. The City will ensure that the Cityand the receiving entity comply with all applicable confidentiality laws and rules. Similarly,the City will ensure that Continuity of Care Records are provided to the County at the time custody of a City Inmate receiving the level of care consistent with a Medical or Psychiatric Inmate is transferred to the County. 6.9 The County will transport Medical or Psychiatric Inmates to a designated drop-off location or backup location within King County,Washingtonwithout charge. The City will pay all transportation costs for Medical or Psychiatric Inmates taken to a designated drop offlocation or backup location outside ofKing County,Washington. In no case will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state. 7. Jail Planning and Potential Future Agreements. 7.1 Jail Planning.The County and the City recognize the value ofsharing information about their respective inmate populations and anticipated use of Secure Detention and alternative means of detention. The Parties agree to make good faith efforts to share this information regularly through the Regional Jail Group or similar forum. Furthermore,at the point the County begins planning for potential jail bed expansion,the County will make good faith efforts to provide notice to the City that such planning is underway so that the City has an opportunity to express any interest in contracting for additional jail beds based on terms potentially similar to many of those in the 2012-2030 Agreement. 7.2 Potential Future Agreements. If in the future the City is interested in executing an agreement with the County for jail beds incorporating terms similar to many ofthose in, the 2012-2030 Agreement,the City shall provide Notification of its interest to enter into negotiations with the County. Within 60 days of the City's Notification,the County shall provide a response through written Notification to the City ofwhether it agrees to enter negotiations with the City. The County at its sole discretion can determine whether to City will be responsible for picking-up the substitute Medical Inmates within 24-hours of the initial request for pick- up. In the event the Substitute City fails to pick-up its Medical Inmates within 24-hours ofinitial notification to the City,the County will deliver the Medical Inmates named in the original notification to the City's designated drop- off location or backup location. The procedures outlined in this footnote willalso apply to Psychiatric Inmates. 2 The City's designated drop offlocation and backup location must be either a facility in the direct control ofthe City or a facility that is contractually obligated,consistent with the terms ofthis Agreement,to act as the City's designated drop-offlocation or backup location.The City may change its designated drop off location or backup location byproviding Notification to the County ofthe change. 11 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services negotiate an agreement with the City for jail beds incorporating terms similar to many of those in the 2012-2030 Agreement,which agreement would be subject to approval by both Parties'respective legislative bodies. 8, Indemnification. 8.1 The County shall indemnify and hold harmless the City and its officers,agents,and employees,or any of them,from any and all claims,actions,suits,liability,loss,costs, expenses,and damages of any nature whatsoever,by reason of or arising out of any negligent action or omission ofthe County,its officers,agents,and employees,or any of them. In the event that any suit basedupon 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 rightto participate in said suit ifany 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,orjointly against the City and the County and their respective officers,agents,and employees,or any of them,the County shall satisfy the same. 8.2 The City shall indemnify and hold harmless the County and its officers,agents,and employees,or any of them,from any and all claims,actions,suits,liability,loss,costs, expenses;and damages ofany nature whatsoever,by reason of or arising outof any negligent act or omission ofthe City,its officers,agents,and employees,or any of them. In the event that any suit based upon such a claim,action,loss,or damage is brought against the County,the City shall defend the same at its sole cost and expense;provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved;and if final judgment be rendered against the County,and its officers,agents,and employees,or any ofthem,orjointly against the County and the City and their respective officers,agents,and employees,or any ofthem,the City shall satisfy the same. 8.3 In executing this agreement,the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility,which arises in whole or in part from the existence or effect of City ordinances,rules or regulations. If any cause, claim,suit,action or administrative proceeding is commenced in which the enforceability and/or validity ofany such City ordinance,ruleor regulation is at issue,the City shall defend the same at its sole expense and ifjudgment is entered or damages are awarded against the City,the County,or both,the City shall satisfy the same,including all chargeable costs and attorney's fees. 8.4 The terms of this Section 8 "Indemnification" shall survive the termination or expiration of this Agreement. 9. Most Favored Treatment. 9.1 During the term ofthis Agreement,the County represents and assures the City that no other city or town will be offered a contract covering the Jail,WER orjail services that grants such city or town Favored Treatment(as defined below),unless such contract,in substantially similar form,is also offered through Notification by the King County Executive to the City. 12 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 9.2 Within 60-days of receipt of an offer that the County represents as being made in accordance with Section 9.1,the City through Notification byits Chief Executive Officer must either: i) Accept the offer and such acceptance means the City acknowledges thatthe County has complied with Section 9.1; ii) Decline the offer;or iii) Inform the County that the City believes the offer does not comply with the requirements ofSection 9.1 at which point the matter will be deemed referred to,JAG pursuant to Section 10 and thereafter either party may pursue dispute resolution per Section 11 ofthis Agreement. If the City within 60-days declines the offer per Section 9.2(ii),or fails to respond within 60-days in the manner described in Section 9.2(i),(ii)or(iii),then the City shall be deemed to have waived its right to enforce this Sectionwith respect to the offer. 9.3 Per Section 13.11 ofthis Agreement,final execution of any new or amended contract is subjectto City Council and County Council approvals. 9.4 Favored Treatment means that the terms contained in such other contract are clearly preferable to the terms contained in this Agreement,taking into account all provisions, including but not limited to,rates,guaranteed bed capacity,and minimum payment obligations. 9.5 This Section shall not apply to a)temporary service contracts of twelve months or less in duration;provided that such temporary service contracts shall not cause the City to pay more in Maintenance Charges and booking fees than the City would have paid without such a temporary service contract;b)reciprocal bed use agreements;and c)any agreements among the County and any city or town for additional services not provided for in this Agreement. 9.6 The Cityacknowledges that the County offered the City the 2012-2030 Agreement and hereby waives its right under Section 9 with respect to the 2012-2030 Agreement. 10. Jail Agreement,Administration Group(JAG).A JAG ishereby established to work together to assure the effective implementation of this Agreement and resolve any Agreement administration, implementation or interpretation issues including,without limitation,issues related to Inmate transportation,alternative and community correction programs,coordination with the courts and law enforcement,mental health,drug and alcohol treatment,Agreement interpretation,any capital expenditure charge or budget included in the Maintenance Charge or WER Charge, referrals of disputes(including but not limited to disputes arising under Section 5)and issues related to the expedient transfer of CityInmates into or out of alternative facilities within or outside of King County. Each Contract City shall have one representative on the JAG. The County shall have two representatives(including a representative ofthe Executive and the Director ofDAJD). 13 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services The Parties agree that the JAG has no authority to make a final decision with regard to any matter related to the Agreement. Ifthe City,or the County,is not satisfied with status ofa matter after discussion in the JAG,that party retains all rights to seek further legal redress as provided for the Agreement,including referral ofmatters to dispute resolution per Section 11 ofthe Agreement. The JAG may meet with other similar jail agreement advisory groups created under otherjail service agreements between the County and other cities when there are issues in common between this Agreement and other agreements. 1L Dispute Resolution. In the event the Parties are unable to resolve a dispute within 30 days of its referral to the JAG per Section 5 or Section 10,then either Party may pursue the dispute resolution provisions ofthis Section 11. 11.1 Either Party may give Notification to the other in writing of a dispute involving the interpretation or execution of the Agreement. Within thirty(30)days of this Notification, the King County Executive and the Chief Executive Officer of the City shall meet to resolve the dispute. If the dispute is not resolved,then at the request of either Party it shall be referred to non-binding mediation. Except as provided in Section 11.2,the mediator will be selected in the following manner: the City shall propose a mediator and the County shall propose a mediator;in the event the mediators are not the same person, the two proposed mediators shall select a third mediator who shall mediate the dispute. Alternately,the Parties may agree to select a mediator through a mediation service mutually acceptable to both Parties. The Parties shall share equally in the costs charged by the mediator or mediation service. 11,2 If other cities are party to an agreement substantially similar to this Agreement,each such city shall be promptly sent Notification of the dispute and,any such city shall be given the opportunity to both participate in the initial meeting to resolve the dispute and to participate as a party in mediation ofsuch dispute. In the case of more than two cities participating in a mediation,the parties agree to engage a mediator through a mediator or mediation service acceptable to both King County and a majority of cities participating in the mediation, The County and all cities joining the mediation shall share equally in the costs thereof per Section 11.1. 11.3 Each party reserves the right to litigate any disputed issue in court,de novo. 12. Termination, Either Party may initiate a process to terminate this Agreement as follows: 12.1 Ten-Day Notification of Intent to Terminate. Any Party wishing to terminate this Agreement shall issue a written Notification of intent to terminate,not less than ten(10) days prior to issuing a ninety(90)day termination Notification under Section 12.2 ofthis Agreement. Upon receipt ofthe written Notification of intent to terminate,the parties will meet to confer on whether there are steps that the non-terminating party can take in order to avoid a ninety(90)day termination Notification notice under Section 12.2 of this Agreement, 12.2 Ninety-Day Termination Notification. After the ten(10)day period has run under Section 12.1 of this Agreement,the party desiring to terminate this Agreement may provide the 14 ITEM CA-7 2012-2020 InterlocaI Agreement: Jail Services other party ninety(90)days written termination Notification,as provided in RCW 70.48.090. 13. General Provisions. 13.1 Other Facilities. This Agreement reserves in each party the power to establish a temporary holding facility during a riot,civil disobedience or natural disaster,to establish group homes or other care or rehabilitation facilities in furtherance ofa social service program,to temporarily transfer Inmates to alternative detention facilities in order to respond to Jail overcrowding,and to comply with a final order of a federal court or a state court ofrecord for the care and treatment of Inmates. 13.2 Grants. Both Parties shall cooperate and assist each other toward procuring grants or financial assistance from the United States,the State ofWashington,and private benefactors for the Jail,the care and rehabilitation ofInmates,and the reduction ofcosts of operating and maintaining Jail facilities. 13.3 Severability. Ifany provision of this Agreement shall be held invalid,the remainder of this Agreement shall not be affected thereby. 13.4 Remedies. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative ofthe party to be bound thereby. Failure to insist upon full performance on any one or several occasionsdoes not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after Notification of a deficiency in performance constitute an acquiescence thereto. The Parties are entitled to all remedies,in law or equity. 13.5 Exhibits.This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth: Exhibit I Method of Determining Billable Charge and Agency Exhibit II Exception to Billing Procedure Exhibit III Calculation ofFees,Charges and Surcharges 13.6 Not Binding on Future Agreements. This Agreement does not bind the Parties as to the terms,fees,or rate formulas to be included in any future jail services agreements. 13.7 Entire Agreement, This Agreement,including all exhibits and attachments hereto, represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 13.8 Modifications. The provisions of this Agreement may only be modified and amended with the mutual written consent ofthe King County Executive and the Chief Executive Officer of the City and the approval oftheir respective legislative bodies,excepting that certain modifications to the fee re-sets and the notice requirements in Sections 4.2.2, 4.2.3 and Attachment 1-2 may be approved administratively by signature of both the Chief Executive Officer of the City and King County Executive as specified herein. 15 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 13.9 Force Majeure. In the event either party's performance of any ofthe provisions ofthis Agreement become impossible due to Force Majcure,that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 13.10 Notifications. Except as otherwise provided in this Agreement,any Notification required to be provided under the terms ofthis Agreement,shall be delivered by certified mail, return receipt requested or by personal service to the following person: For the City: Or his/her successor,as may be designated by written Notification from the City to the County. For the County; ChiefofAdministration Dept.of Adult and Juvenile Detention 500 Fifth Avenue Seattle,WA 98104 Or his successor,as may be designated by written Notification from the County to the City. As defined in Section 1.22,written notices delivered to the individuals identified above, or their designee(as may be specified through a formal Notification)through alternate means including but not limited to electronic mail are intended to meet the requirements of this Agreement when the teim'‘notice"rather than'Notification"is used. 13.11 Council Approval. The Parties' obligations under this Agreement are subject to official City and County Council approval. 13.12. Filing.As provided by RCW 39,34.040,this Agreement shall be filed with the King County Department ofRecords and Elections, 13.13. Assignment/Subcontracting. The City may not assign or subcontract any portion ofthis Agreement or transfer or assign any claim arising pursuant to this Agreement. 13,14. No-Third Party Beneficiaries. Except as expressly provided in Section 10 and 11 relating to the JAG and Dispute Resolution,there are no third-party beneficiaries to this Agreement.No person or entity other than a party to this Agreement shall have any rights hereunder or any authority to enforce its provisions,and any such rights or enforcement must be consistent with and subject to the terms ofthis Agreement. 16 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 13.15. Termination of2010 Agreement. The Parties by execution ofthis Agreement terminate the 2010 Agreement effective as of 12:00 A.M.January 1,2012,to coincide with the effective date of this Agreement. 13.16 Execution in Counterparts. This Agreement and any amendments thereto,shall be executed on behalfofeach party by its duly authorized representative and pursuant to an appropriate motion,resolution or ordinance, The Agreement may be executed in any number of counterparts,each ofwhich shall be an original,but those counterparts will constitute one and the same instrument. King County The City of King County Executive Date Date Approved as to Form: Approved as to Form: King County Assistant City Attorney Deputy Prosecuting Attorney Date Date 17 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services EXHIBIT I Method of Determining Billable Charge and Agency Process Overview The application of all billing rules in conjunction with Section 1.6 of this Agreement comprises the method for determining the principal basis for booking or confining a person.The County's billing system examines all open and active charges and holds for each calendar day and applies the Billing Priority Rules and Tie Breaker Rules as set forth below. Then the charge billable agency is determined from the billable charge(s)or hold(s)and the application of exception rules,for example,the special DUI sentencing rule or the special six hour Jule. Billing Priority Rules The Billing Priority Group is determined in the following order: 1. Localfelony charges) A local felony charge is filed by the King County Prosecuting Attorne into a , in Coun court. 2. Investigation holds from King County An investigation hold is one that has been referred agencies or pursuant to a contract to the King County Prosecutor and includes King County investigation holds. 3. Department ofCorrections(DOC) Felony and misdemeanor charges adjudicated by charge(s)pursuant to contract with DOC hearingexaminer. Cases heard by a local DOC court are considered local misdemeanors even if DOC is the originating agency. 4. Local misdemeanor charge(s)and city Includes King County misdemeanors. court appearance orders 5. Other holds(contract and non-contract) Tie Breaker Rules Tie breaker rules are applied in the following order to the Local Misdemeanor Priority Group(Number 4 under Billing Priority Rules)when there are charges with multiple charge billable agencies. The first rule that applies determines the billable charge(s). The charge billable agency for the selected charge(s)is the billable agency. 1. Longest or only sentenced This ruleselects the charge(s)with an active sentenced charge or, charge rule ifthere is more than one active sentenced charge,the rule selects the charge with the longest imposed sentence length. 2. Earliest sentence rule This rule selects the charge(s)with the earliest sentence start date. 3. Lowest sentence charge This rule selects the sentenced charge(s)with the lowest charge number rule number as given on the Subject-in-Process(SIP)booking system. 4. Arresting agency rule This rule selects the charges)or hold(s)with a charge billable agency that matches the arresting agency for the booking. This rule selects the agency with the highest total bail summed 5. Accumulated bail rule for all ofthe charge(s)and holds)for which the agency is the charge billable agency. 6. Lowest charge number This rule selects the charge or hold with the lowest charge rule number as given on the Subject-in-Process(SIP)booking system. 18 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services Attachment I-I: City and County Jail Charges Clarification. This document contains several examples consistent with Section 1,6 ofthis Agreement. Situation Jail Costs associated with these cases are: 1 Inmate booked by a city on afelony investigation,whose County responsibility case is filed by the Prosecutor initially as afelony in Superior Court but subsequently amended to a misdemeanor charge(for evidentiary reasons,or entry into mental health court,or for other reasons) 2 Inmate booked by a city onafelony investigation and County responsibility(including the whose case is initiallyfiled by the Prosecutor as afelony expedited cases to be filed under the in District Court as part of a plea bargain effort(so new Prosecutor Filing Standards). called"expedited cases") 3 Inmate booked by a city on afelony investigation whose County responsibility case is initially filed by the County Prosecutor as a misdemeanorin district court(i.e.,mental health, domestic violence or in regular district court) 4 j Inmate booked by a city on afdony investigation. The County responsibility prior to release of County prosecutor declines to file the case and refers it felony investigation by County to a city prosecutor or law enforcement for any further prosecutor, action. City responsibility from and after release of felony investigation 5 Misdemeanor or felony cases originatedby state County responsibility agencies(i.e.,WSP) 6 Inmates booked by a city on ajuvenile charge who are County responsibility held in adult detention or become adults during the pendency of their charge or sentence. 19 ITEM CA-7 2012-2020 Interlace Agreement: Jail Services Attachment 1-2 Inmate Transfers: Transfer Request Exemption Criteria,Notice and Billing Relating to Section 1.6,9) A. In the event ofone or more of the following transfer exception criteria are met,a transfer may be denied by the County,in which case the person for whom the City has sought a transfer remains a City Inmate: I) Inmate has medical/health conditions/treatments preventing transfer. 2) Transfer location refuses Inmate. 3) Inmate refuses to be transported and poses a security risk. 4) Inmate misses transport due to being at court or other location. 5) City refuses to sign transfer paperwork requiring the City to arrange transportation for Inmate back to King County,ifneeded,when City sentence ends. B. If the County has refused a transfer request and thereafter determines that it no longer needs to detain the person and the person would as a result become a City Inmate,then the County will provide notice to the City that it will become billable for the Inmate. The City will not incur a Maintenance Charge on the day of notice. Ifthe City transfers the Inmate during the six calendar days immediately following the day ofnotice,it will not incur a Maintenance Charge for the first calendar day following notice,but will incur a Maintenance Charge for each subsequent calendar day until the Inmate is transferred. If the City does not transfer the Inmate from the Jail during this six day period,the City is billable beginning the calendar day following the day of notice from the County. C. The terms of this Attachment 1-2 may be amended by administrative agreement evidenced by execution in writing by the Chief Executive Officer of the City and King County Executive. 20 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services EXHIBIT H Exception to Billing Procedure For persons serving the one and two day commitments pursuant to the mandatory DUI sentence grid who report directly from the community to the Jail for incarceration,Inmate day shall not be defined according to Section 1.17 of the Agreement.Instead,Inmate day shall be defined as a twenty-four hour period beginning at the time ofbooking. Any portion ofa twenty-four hour period shall be counted as a full Inmate day. The number ofdays billed for each sentence shall not exceed the sentence lengths specified on the court commitment. Two examples are provided for illustration: Two-day sentence served on consecutive days: John Doe Booked 7/1/90 0700 Released 7/3/90 0700 Number ofInmate days=2 Two-day sentence served on non-consecutive days: John Doe Booked 7/1/90 0700 Temporary Release 7/2/90 0700 Return to Jail 7/8/90 0700 Released 7/9/90 0700 Number of Inmate days=2 The Department ofAdult and Juvenile Detention will apply this definition of Inmate day to the City's direct DUI one and two-day Inmates by adjusting the City's monthly bill before it is sent to the City. If the changes are not made for some reason,the City will notify the Department ofAdult and Juvenile Detention,which will make the necessary adjustments. 21 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services EXHIBIT III Calculation of Fees,Charges and Surcharges The City shall pay the fees,charges,surcharges and Offsite Medical Charges with such annual adjustments for inflation and other re-sets as described below. 1, MAINTENANCE CHARGE,WER CHARGE AND CAPITAL EXPENDITURE CHARGE The Maintenance Charge and WER Charge shall be calculated as shown in Attachment III-1 and as described below. a. The Maintenance Charge starting January 1,2012,and for the remainder of the calendar year 2012,excluding any adjustments for Capital Expenditure Charges,will be$127.97. When combined with the Capital Expenditure Charges,the Maintenance Charge for calendar year 2012 is 132.01. The Maintenance Charge shall be annually adjusted as described in Section 5 below and shall be annually inflated and/or re-set as described in Section 5 below, The Maintenance Charge calculation shall include 70.56%of the total DAJD Budgeted Jail Costs associated with booking;this percentage of booking costs to be included in the Maintenance Charge shall remain fixed through the term of this Agreement. The City will not be charged a Maintenance Charge for a CityInmate where the Inmate has been offsite(e.g.housed outside of the Jail)for all 24 hours of a Surcharge Day and subject to 1:1 Guarding Surcharge for the entirety of such 24 hour period. b. WER Charge. In lieu of the Maintenance Charge,the City will be charged a WER Charge for each Inmate Day in which a City WER Participant is in the WER program. Starting January 1,2012,and for the remainder of the calendar year 2012,excluding any adjustments for Capital Expenditure Charges,the WER Charge will be$88.10. When combined with Capital Expenditure Charges,the WER Charge for calendar year 2012 is$92.14. The WER Charge shall be annually adjusted as described in Section 5 below and shall be annually inflated and/or re-set as described in Section 5 below. c,In addition to the annual adjustments to the Maintenance Charge and WER Charge described above,King County will increase the Maintenance Charge and WER Charge to capture the cost of Capital Expenditures. Capital Expenditures are defined as the cost ofrepairing and renovating currentjail capacity and support and administrative facilities that benefit Jail or WER operations. Capital Expenditures include,but shall not be limited to,the Integrated Security Project(ISP)and the Courthouse Seismic Stabilization Project(CSSP). Additional Capital Expenditures will be included in the Maintenance Charge and WER Charge ifsuch expenditures benefit City Inmates or City WER Participants, Any Capital Expenditure that solely benefits County Inmates will not be charged to the City Capital Expenditures do not include Jail Bed Expansion Projects. Capital Expenditures do not include Major Maintenance as defined in Attachment III l Capital Expenditures will be calculated in proportion to the square footage that benefits adult detention. Cities will be billed their proportionate share based on the total number of Inmate Days(as defined in Section 1.17). By August 15 of each year,DAJD will estimate the total number ofInmate Days for the following calendar year and provide notice to the City of the Capital 22 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services Expenditure Charge to be included in the Maintenance Charge and WER Charge in the following calendar year. ii. Upon request of the City,the County shall provide its 6-year OP and its 6-year major maintenance plan to the City. The County will provide a detailed line item budget ofeach Capital Expenditure. If the City disputes that the Capital Expenditure benefits City Inmates or otherwise disputes the inclusion ofthe Capital Expenditure or any portion of the Capital Expenditures' budget in the maintenance fee,the matter will be referred to the JAG as described in Sections10 and 11 of this Agreement. Capital Expenditures will not be charged to the City to the extent such Capital Expenditures are covered by federal grants,state grants,insurance proceeds,capital maintenance reserves or voter approved capital funding for jail related improvements. iii. Capital Expenditures,if debt financed,shall begin being charged when debt service payments begin for the permanent financing of the Capital Expenditure and shall continue until the end ofthe debt amortization unless the debt amortization is less than fifteen(15)years,inwhich case the charges to the City will be amortized over fifteen(15)years. If the Capital Expenditure is not debt financed,Capital Expenditure charges shall be based on actual expenditures. The County will make available documentation evidencing such expenditures. iv. Beginning January 1,2012 and continuing through calendar year 2012,the Capital Expenditure Charge for ISP for the City is$3.36 and the Capital Expenditure Charge for the CSSP is$0.68,for a combined total Capital Expenditure Charge of$4.04 to be added to the Maintenance Charge and WER Charge amounts set forth in subparagraphs a and b above. 2. BOOKING FEE a. The booking fee shall be based on whether or not the City is using the County's Personal Recognizance(PR)screeners for individuals it brings to a County jail facility to be booked.The two booking fees starting January 1,2012 and for the remainder ofthe calendar year 2012 will be initially set as follows,as illustrated in Exhibit III-1: The Base Booking Fee shall be$150.00. This is the booking fee payable byContractCitiesthatarenotusingtheCounty's PR screeners.This Booking Fee shall include 40.86%of the total Budgeted Jail Costs associated with booking(including Jail Health Intake Services);this percentage of booking costs to be included in the Booking Fee shall remain fixed through the term ofthis Agreement. ii. The Standard Booking Fee shall be$195.96. This is the booking fee payable by Contract Cities using the County's PR screeners.This booking fee is composed ofthe Base Booking Fee plus the fee associated with the County's PR screeners. b. Ifthe City has a court order on file as ofJanuary 1,2012,confirming that the City and not the County will have authorization to provide PR screening for City Inmates,then the City will be qualified for the Base Booking Fee in 2012. To qualifyfor the Base Booking Fee in subsequent years,the City must either provide a court order notlater than July 1 of the preceding calendar year confirming that the City and not the County will have authorization to provide PR screening for City Inmates,or a previously issued court order must remain in effect. Ifan authorizing court order is revoked or expires and is not renewed,the City will no longer qualify for the Base Booking Fee, 23 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 3. SURCHARGES In addition to payment of the Maintenance Charge,WER Charge and the Booking Fees,the City shall pay Surcharges associated with services provided to City Inmates as described below. The types of services provided to an Inmate associated with each Surcharge,and a general description of each Surcharge,is set forth in Attachment 111-2. The initial Surcharge amounts described in paragraphs(a)—(d)below shall apply from the January I, 2012 through December 31,2012 and shall thereafter be annually adjusted as described in Section 5 below. a. Infirmary Care, For Medical Inmates,the City shall pay an Infirmary Care Surcharge of$193.87 for each Surcharge Day. b. Non-Acute Psychiatric Care. For Non-Acute Psychiatric Inmates,the City shall pay a Psychiatric Care Surcharge of$61.00 for each Surcharge Day. c. Acute Psychiatric Care. For Acute Psychiatric Inmates,the City shall pay an Acute Psychiatric Care Surcharge of$231.11(which is the sum of the Psychiatric Care Surcharge plus the Acute Psychiatric Housing Surcharge)for each Surcharge Day. i.The Acute Psychiatric Housing Surcharge for each Surcharge Day shall be 179.11. ii. The Psychiatric Care Surcharge for each Surcharge Day of$61.00 is added to the Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of$231.11. d. 1:1 Guarding Surcharge. The 1:1 Guarding Surcharge is the charge imposed when the County dedicates an individual officer to guard a City Inmate. The Surcharge shall be$57.67 per guard for each hour or portion thereof,and as further described in Attachment 111-2. e. A Surcharge Day is defined as a 24-hour period from midnight to midnight,or any portion thereof,in which an Inmate receives any of the services within the Surcharges listed in subparagraphs(a)—(c)above;provided that with respect to the hint:wary Care Surcharge,Psychiatric Care Surcharge and Acute Psychiatric Surcharge,a maximum of one(1)charge may be imposed within the 24-hour period for a single inmate,and the charge imposed shall be the highest applicable charge. For example,ifan inmate is placed in Acute Psychiatric Care,released to the general population,and then again placed in Acute Psychiatric Care all within the same 24-hour period(midnight to midnight),a single Acute Psychiatric Care Surcharge will be imposed. Similarly,ifan Inmate is placed in Acute Psychiatric Care and then in Non-Acute Psychiatric Care within the 24-hour midnight to midnight period, then a single Acute Psychiatric Care charge will be imposed. 4. OFFSITE MEDICAL CARE CHARGES In addition to the Maintenance Charge or WER Charge,the Booking Fee,and the Surcharges detailed above,the City shall be responsible for payment of all Offsite Medical Care Charges incurred by a City Inmate. 24 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services 5. INFLATORS AND RE-SETS OF FEES AND CHARGES a. Inflators; All fees and charges,excluding: (1)Offsite Medical Care Charges and(2)the Capital Expenditure Charge components of the Maintenance Charge and WER Charge shall be annually inflated by the percentage rates described below,effective January 1 ofeach calendar year starting January 1,2013,in order to determine the final rates and charges for said calendar year,subject furtherto re-set ofthe underlying"base rates"periodically as described in Subsection 5.e below. Non-Medical Charges: the following fees and charges are subject to an annual inflator of the Seattle-Tacoma-Bremerton CPI-W(covering the 12-month period ending in June)plus 1.5%,but shall in no event be lower than L5%.: i.Maintenance Charge ii. WER Charge iii. Booking Fee iv. Acute Psychiatric Housing Surcharge v. 1:1 Guarding Medical Charges: the following fees and charges are subject to an annual inflator of the Seattle- Tacoma-Bremerton CPI-W(covering the 12-month period ending in June)plus 3%,but shall in no event be lower than 3%: i.Infirmary Care Surcharge ii. Psychiatric Care Surcharge b. Final Fee and Charge Notice for Following Calendar Year. No later than August 15 of each year,the County will provide notice to the City ofthe final fees and charges listed in this Subsection 5.a for the following calendar year reflecting the application of the June-June CPI index in the manner prescribed in Subsection 5.a above. c. Inflation Re-sets. Notwithstanding the terms of Subsections 5.a and 5.b to the contrary, inthe event the Seattle-Tacoma-Bremerton CPI-W(June-June)exceeds 8%then,as part of the August 15 final fee and charge notice,the County will include information demonstrating whether,based on factors affecting the DAJD Budgeted Jail Costs including but not limited to personnel costs,food,utilities and pharmaceuticals,the County's reasonably expected inflation experience for the DAJD Budgeted Jail Costs in the next calendar year(the"Expected Inflation Rate")is less than orgreater than said CPI-W June-June)rate. If the Expected Inflation Rate is lower than the CPI-W(June-June)rate,the County will apply the lower of the two rates to the fees and charges listed in this Subsection 5.c for the following calendar year. d. 2012 Fees and Charges. Attachment III-1 shows the allocation of 2011 Budgeted Jail Costs used to derive the 2012 fees and charges,applying the inflators in Subsection 5.a above in order to calculate the fees and charges applicable in 2012 as set forth above in Sections I,2,3 and 4. e. Five-Year Base Re-set for Fees and Charges. After five years,the base costs on which fees and charges are based will be updated,by applying the previous year's Budgeted Jail Costs to the allocation methodology as illustrated in Attachment III-1. Thus,fees and charges in 2017 will be determined using the model in Attachment III-1 incorporating 2016 Budgeted Jail Costs,and then applying the annual inflators per Subsection 5.a. 13y March 1 of the calendar year before each Base Re- setset Year,the County will provide the City written notice including a detailed calculation of the re-set fees and charges for the nextoccurring Base Year(excluding application of inflators,which will be provided 25 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services by August 15 per Subsection 5.b above). The Parties shall promptly thereafter meet to review the information and will work in good faith to resolve any questions or issues by May 1 of calendar year preceding the Base Re-set Year. In the event that the County implements a new accounting system that makes it impracticable to generate the same cost allocations shown in the cost model illustrated in Attachment 111-1,the Parties agree that technical adjustments may be made to the rate model in order to recreate as nearly as practicable the original rate model. By way of illustration and without limitation: Year 2013 fees and charges are determined byapplying the inflators to 2012 fees and charges per Subsection 5.a. Year 2014 fees and charges are determined by applying the inflators to 2013 fees and charges per Subsection 5.a. Year 2015 fees and charges are determined by applying the inflators to 2014 fees and charges per Subsection 5.a. Year 2016 fees and charges are determined by applying the inflators to 2015 fees and charges per Subsection 5.a. Year 2017 fees and charges are determined by allocating the 2016 Budgeted Costs per the cost model in Attachment 111-1 and applying the inflators per Subsection 5.a. Year 2018 fees and charges are determined by applying the inflators to 2017 fees and charges per Subsection 5.a. Definition of Budgeted Jail Costs: Budgeted Jail Costs means the direct and indirect costs related to operating the Jail,including without limitation health services,per the adopted County Budget approved by the County Council. 26 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services Attachment III-1 Illustration of Fee and Charge Calculations MAINTENANCE(DAILY)CHARGE PART I: CALCULATION OF THE MAINTENANCE(DAILY)CHARGE Based on 2011 Adopted Budget Budgeted Costs 1 Total Department ofAdult and Juvenile Detention 126,871.483 2 Plus County Admin for Detention 4,474,086 3 Remove 70%ofcourt detail 5,545,872) 4 Less Juvenile Detention and Associated DAJD Admin 17,768,627) 5 Less CCD Division and Associated DAJD Admin 6,047,574) 6 Less WER Secure Detention Costs 1,553,522) 7 Less 1:1 Guarding Detention 2,335,103) 8 Less Psych Housing DAJD 3,050,414) 9 Less 29.44%ofDAM Booking Costs(Booking Fee line 3) 4,186,451) 10 SUBTOTAL DETENTION COSTS for Daily Maintenance 90,858,006 11 Total Jail Health Services(MS)Costs 27,415,896 lla Less Off Site Medical lb Less Psych Services'HS 3,325,962) 11c Less Infirmary 1,665,769) 11 d Less Booking Costs-JES ONLY 2,744,549) 12 SUBTOTAL JAIL HEALTH COSTS for Daily Maintenance Charge 19,679,616 13 SUBTOTAL DAJD plus„MS for Daily Mail%Only 110,537,622 14 Less DAJD Cost Recoveries 14a SMC Transport 192,559) 14b Medical Reimbursement 19,000) 14c SS1 Incentive 100,000) 14d Bulletproof Vest Reimbursement 5,000) 14e IWF CX Transfer 531,810) 14f SCAAP 883,136) 15 Subtotal DAJD Cost Recoveries 1,731,505) 16 NET Maintenance Costs 108,806,117 17 Total Maintenance Days 875,807 18 Average Maintenance Days 2,399 19 Cost per General Maintenance Day PRIOR to Capital Expenditure 124.24 Surcharge PART II: 2011 Costs inflated to 2012 20 3%Increase 2012 127,97 21 2012 CSSP 0.68 22 2012 1SP 336 Total 2012 Daily Maintenance Charge including Debt Service 132.01 27 ITEM CA-7 2012-2020 Interlocal Agreement Jail Services NOTES: 1 Based on DAJD 2011 Adopted Budget in Essbase(the budget system). 2 Includes 100%ofCounty Admin for Personnel,F/A Mgmt Mail,State Auditor,and Budget. In addition, includes$3.57 million ofMajor Maintenance. This amount is the 2009 County adopted contribution from DAJD to the Major Maintenance Reserve Fund for the KCCF and MRJC facilities. It represents the annualized amount necessary to fund major maintenance projects at these two facilities on a rolling 20 year-basis in effect a"depreciation payment,"applicable for each year of use/wear&tear, 3 70%of Court Detail costs are attributed directly to Superior Court, therefore not accessible to the cities and are removed from calculation. 4 Remove Juvenile Detention Division low orgs(cost centers)and associated DAJD Admin. 5 Remove Community CorrectionsDivision(CCD)low orgs(cost centers)and associated DAJD admin. 6 WER is a standalone rate therefore all CCD costs associated with WER including the cost recoveries were removed in line 5. This line represents the removal of the costs from the detention operation that is used to support WER and are now included in the standalone WER Charge. 7 Surcharge for 1:1 guarding is removed from the maintenance charge. 8 Surcharge charge for services associated with housing the Acute Psychiatric Inmates is removed from the maintenance charge. 9 Removal of 29.44% of'DAJD's Booking Costs associated with Booking from the maintenance charge. See Exhibit III.Section la). 11 a-d All jail health services direct and indirect budgeted costs for: Offsite Medical Care,Psychiatric Care for Acute-and Non-Acute Psychiatric Inmates,Infirmary Care,and intake health screening are removed from the calculation of the maintenance charge and are instead established as separate surcharges or components ofseparate charges: Other remaining direct and indirect Jail Health Services budgeted costs are included in the jail health portion ofthe maintenance charge. 12 The subtotal oflines 11 through 11d. 13 The subtotal of lines 10 and 12. 14 a-f Removal ofreimbursements received by DAJD. 17 Calculation of total Maintenance days in 2011 is a weighted average of Secure and WER days based on the allocation ofpercentage of actual costs. 18 Calculation is Line 17 divided by number of days in year. 19 Cost perGeneral Maintenance Day is PRIOR to the additional cost for capital expenditure charges(e.g.in 2012 seismic retrofit and ISP). See Exhibit Ill.c.i ill.c.iv. 20 This is the rate for 2012. For future years the inflator will be calculated as described in Exhibitill,Section 5. 21 Debt service CSSP is the Courthouse Seismic Project,DAJD is responsible for 10%of the$84,747,000 that is financed over 20 years(2005-2024). The 2012 charge($.68)is calculated by taking the amount apportioned for 2012($641,773)divided by the number ofcustodial maintenance days for 2012 946,036). 22 Debt service ISP is the Integrated Security Project DAJD is responsible for$42,921,801 that is financed over 20 years(2010-2029). "The 2012($3.36)charge is calculated by taking the amount apportioned for 2012($3,179,500)divided by the number ofcustodial maintenance days for 2012(946,036). 28 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services WORK EDUCATION RELEASE(WER)(DAILY)CHARGE PART I: CALCULATION OF THE WER(DAILY)CHARGE Based on 2011 Adopted Budget Budeeted Costs 1 Direct Detention Staffing Costs 1,389,308.98 2 Overhead-County and DAJD Admin 164,213.09 3 Subtotal Direct Detention 1,553,522.07 4 WorkRelease in Community Corrections 1,481,264.00 5 County,DAJD,and CCD Admin 418,844.34 6 Less WER Revenue 245,556.00) 7 Subtotal CCD WER 1,654,552.34 8 Subtotal Detention and CCD Costs 3,208,074.41 9 Detention Support Services 2,036,453.66 10 Total WER(Daily)Costs 5,244,528.07 11 Total WER Maintenance Days 61,320.00 12 WER Cost/Day 85.53 PART II: 2011 Costs inflated to 2012 13 3%Increase 2012 88.10 14 2012 CSSP 0.68 15 2012 ISP 3.36 Total 2012 WER Charge including Debt Service 92.14 NOTES: 1 Detention costs include staffing,shift relief,meal delivery,etc. 2 Overhead is allocated based on proportionate share ofthe adopted budget. 4 Community Corrections costs are for case managers,and administrative staffin WER. 6 WER Inmate payments for room and food charges are backed out of the total costs. 9 Additional services used to support WER include foodpreparation and food costs,janitorial costs,utilities, supplies,command management,etc. Costs are added proportionately including overhead charges. 11 Budget ADP of168 multiplied by 365=61,320. 12 Cost per WER is PRIOR to the additional cost for capital expenditure charges(e.g.in 2012 seismic retrofit and ISP). See Exhibit III.c.i-liI.c.v. 13 This is the rate for 2012,for future years the inflator will be calculated as described in Exhibit III,Section 5. 14 Debt service CSSP is the Courthouse Seismic Project;DAJD is responsible for 10%ofthe$84,747,000 that is financed over 20 years(2005-2024). The 2012 charge($.68)is calculated by taking the amount apportioned for 2012($641,773)divided by the number ofcustodial maintenance days for 2012(946,036). 15 Debt service 1SP is the Integrated Security Project DAJD is responsible for$42,921,801 that is financed over 20years(2010-2029). The 2012($336)chargeis calculated by taking the amount apportioned for 2012 3,179,500)divided by the number ofcustodial maintenance days for 2012(946,036). 29 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services BOOKING FEE PART It CALCULATION OF THE BOOKING FEE Based on 2011 Mooted Budget Base Booking Fee Standard Total for those entities Booking Fee for Budgeted that do not use those entities Costs King County PR who do use King Screeners County PR Screeners 1 Detention Booking Costs-DAJD 12,715,934 12315,934 2 Plus County andDAIL/Overhead 1,502,994 1,502,994 3 Sub-total-DAJD Booking Cost Before Adjustments 14,218,928 14,218,928 Adjustments 4 Plus Jail Health Intake Services 2,744,549 2,744,549 5 Plus PR Screeners&Overhead I,683,055 1,683,055 6 Sub-total-Booking Cost Adjustments 2,744,549 1,683,055 4,427 604 7 Total Booking Costs 16,963,477 1,683,055 18,646,532 8 Less DAJD Booking Cost Recovered in Daily 10,032477 Maint. ofDAM Booking Cost 70.56% 9 Total Book Cost included in Caleulation 6,931,000 of Base Booking Cost 40.86% 11 Bookings 47,594 37,717 12 Booking Fee 145.63 44.62 3%Increase 2012 150.00 45.96 PART II: 2011 Costs inflated to 2012 Base Booking Fee Standard for those entities Booking Fee for that do not use those entities King County PR who do use King Screeners County PR Screeners 13 3%Increase 2012 150.00 195.96 30 ITEM CA-7 2012-2020 Interlocal Agreement; Jail Services BOOKING FEE PART I: CALCULATION OF THE BOOKING FEE, Based on 2011 Adopted kudget Base Booking Fee Standard Total for those entities Booking Fee for Budgeted that do not use those entities Costs King County PR who do use King Screeners County PR Screeners 1 Detention Booking Costs-DAJD 12,715,934 12,715,934 2 Plus County and DAJD Overhead 1,502,994 1,502,994 3 Sub-total-DAJD Booking Cost Before Adjustments 1.,218,928 14,218,928 Adjustments 4 Plus Jail Health Intake Services 2 744,549 2,744,549 5 Plus PR Screeners&Overhead 1,683,055 1,683,055 6 Sub-total-Booking Cost Adjustments 2 744,549 1,683,055 4,427,604 7 Total Booking Costs 1;,963,477 1,683,055 18,646,532 8 Less DAJD Booking Cost Recovered in Daily 14,032,477 Maint. of DAJD Booking Cost 40.56% 9 Total Book Cost included in Calculation 6 931,000 of Base Booking Cost 0.86% 11 Bookings 7,594 37,717 12 Booking Fee 145.63 44.62 3%Increase 2012 150.00 45,96 PART II: 2011 Costs inflated to 2012 Baseooking Fee Standard for t ose entities Booking Fee for that do not use those entities Kin County PR who do use King Screeners County PR Screeners 13 3%Increase 2012 150.00 195.96 30 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services NOTES: 1 Based on the DAJD 2011 Adopted Budget,in both the KCCF and RJC Cost Center(Orgs)from Essbase(the budget system). 2 Overhead is allocated based on proportionate share ofthe adopted budget including allocating costs to the booking charge. 3 Total of lines 1 and 2 4 Jail intake health screening costs are included in the booking fee,and removed from basicjail health(line I id on the general maintenance day comparison sheet). 5 PR Screeners are part ofthe Community Corrections Division(CCD). PR Screener costs are part ofthe Standard Booking Fee charged to any cities using the County's PR Screeners. Refer to Exhibit III Section 2b on how the City can(qualify for the Base Booking Fee which does not include the costs for the County's PR Screeners, 6 Total of lines 4 and 5. 7 Total of lines 3 and 6. 8 Represents total amount S10,032,477 and percentage(70.56%)ofDAJD Booking Costs recovered in the Daily Maintenance Fee.The remaining 29,44%,$4,186,451(ties to Line 9 Daily Maintenance Calculation),is included in Line 9 Total Booking Cost. 9 Represents the amount oftotal booking costs(including Jail Health Intake Services,line 4)and percentage 40.86%)used to calculate the Base Booking Fee of$150,Calculation:Line 3 S14,218,928 plus Line 6 S2,744,549 less Line 8(S10,032,477), See Exhibit III Section 2. 11 Total budgeted Bookings are used to calculate the base and standard booking fees. 12 Calculated Fee prior to 2012 Inflation. 13 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 5. 31 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services INFIRIVIARY(DAILY)SURCHARGE JAIL HEALTH SERVICES JHS) PART I: CALCULATION OF THE INFIRMARY(DAILY)SURCHARGE(JHS) Based on,2011 Adopted Budget Budgeted Costs 1 JHS Infirmary Services Staffing Costs 1,332,615 2 JHS Infirmary Non-Staffing Costs 333,154 3 Total JHS Infirmary Costs 1,665,769 4 Average maintenance days for the Infirmary(Location: 24.60 Infirmary or successor location) 5 JHS Infirmary Fee per inmate/day 185.52 PART II: 2011 Costs inflated to 2012 6 4.5%Increase 2012 193.87 NOTES: 1 2011 Budgeted wage and benefit costs for JHS staffwho provided services to Inmates in the Infirmary. Costs are allocated to the Infirmary Surcharge basedupon the number ofshifts scheduled in the Infirmary as a percentage ofall IRS shifts scheduled in thejails.Scheduled shifts are based upon the most current staffing model designed and flexed to meet the needs ofa changing population. The staffing model used for calculation of the 2009 Amendment rate was in place in September,2008(at the time the cost model was updated). 2 2011 Budgeted costs for pharmaceuticals(including intravenous medications and supplies),medical supplies and medicalequipment for Inmates in the Infirmary. 3 Ties to Line lie of the General Maintenance Daily Charge. 4 Budgeted Maintenance Days for Infirmary Location or Successor Location as defined in"Maintenance Day Population by Jurisdiction and Housing Type"-Infirmary.Total ADM. 6 This is the rate for 2012, Future years the inflator will be calculated as described in Exhibit III,Section 5. 32 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services PSYCHIATRIC CARE SERVICES DAILY JAIL HEALTH SERVICES(JIIS) PART I: CALCULATION OF THE PSYCHIATRIC(DAILY)SURCHARGE(JHS) Based on 2011 Adopted Budget Budgeted Costs 1 JHS Psychiatric Services Staffing Costs 2,926,847 2 JHS Psychiatric Services Non-Staffing Costs 399,115 3 Total JHS Psychiatric Services Costs 3,325,962 4 Average maintenance days for Inmates receiving 156.10 Psychiatric Care Services 5 JHS Psychiatric Services Fee per inmate/day 58.37 PART II: 2011 Costs inflated to 2012 6 4.5%Increase 2012 61.00 NOTES: 1 Budgeted wage and benefit costs for HIS staffwho provided services to the Acute and Non-Acute Psychiatric Housing units. Costs are allocated to the Psych Care Surcharge based upon the number ofshifts scheduled in psych housing units as a percentage of all JHS shifts scheduled in thejails.Scheduled shifts are based upon the most current staffing model designed and flexed to meet the needs ofa changing population. The staffing model used for calculation of the 2009 Amendment rate was in place in September,2008(at the time the cost model was updated). 2 Budgeted costs for pharmaceuticals and medical supplies for Inmates in Acute and Non-Acute Psychiatric housing. 3 Ties to 1lb of the General Maintenance Daily Charge. 4 Budgeted Maintenance Days for 7North Location or Successor Location as defined in"'Maintenance Day Population by Jurisdiction and Housing Type"-(Acute Psych-Total ADM PLUS Non-Acute Psych-Total ADM). 6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 5. 33 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services ACUTE PSYCHIATRIC HOUSING(DAILY)SURCHARGE PART I: CALCULATION OF THE ACUTE PSYCHIATRIC HOUSING(DAILY) COMPONENT OF THE ACUTE PYSCHIATRIC SURCHARGE Based on 2011 Adopted Budget Budge ed Costs 1 Direct Detention Staffing Costs 2,77,974 2 Overhead-County and DAJD Admin 32440 3 Total Acute Psych Jail Costs 3,050A14 4 Average Maintenance Days for Acute Psych Housing 50.60 7North location or successor location) 5 Acute Pysch Rousing(Daily) 165.16 PART II: 2011 Costs inflated to 2012 6 3%Increase 2012 170.11 NOTES: 1 Detention costs include staffing(salaries,benefits,meals). 2 Overhead allocated based on proportionate share ofthe budgeted costs. 3 Budgeted Maintenance Days for 7North Location or Successor Location as defined in"Maintenance Day Population by Jurisdiction and Housing Typed-Acute Psych-Total ADM. 6 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III,Section 34 ITEM CA-7 2012-2020 Interiocal Agreement: Jail Services 1:1 GUARDING(HOURLY) SURCHARGE PART I: CALCULATION OF THE 1:1 GUARDING HOURL SURCHARGE 2011 Est.Costs 1 Direct Detention Staffing Costs 2,088,274 2 Overhead-County and DAJD Adrnin 246,829 3 Total I:1 Guarding Costs 2,335,103 4 Average Officers per day 4.76 5 1:1 Guarding Cost/Day 1;343.67 6 1:1 Guarding Cost/Hour 55.99 PART II: 2011 Costs inflated to 2012 7 3%Increase 2012 57.67 NOTES: 1 Direct Detention Staffing Costs are determined using the following methodology Actual 1:1 Guarding Hours X Avg.CO Hourly Overtime Rate=Direct Staffing Costs Avg.CO Hourly Overtime Rates is derived from the 2011 Essbase PSQ Salary file,taking the average Overtime hourly rate for a Corrections Officer,and increasing by 3%for Gun Qualification Premium. 2 Overhead is allocated based on proportionate share of the budgeted costs. 4 Calculation: 1:1 Guarding Hours l#of days in year/24 hours=Average Officers per day. 5 Calculation: Line 3/(Average Officers per day x#ofdays in year). 6 Calculation: Line 5/24hrs. 7 This is the rate for 2012. Future years the inflator will be calculated as described in Exhibit III, Section 5. 35 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services Attachment 111-2 Summary Description of Medical Cost Model Surcharges and Pass-Through Charges Surcharge Description I. 1:1 Guarding Cost to guard an inmate in a 1:1 situation. Most common occurrence is at hospital or at off-site medical appointments. Ifmore than one guard is required,then the rate would be the multiple of guards. 2. Acute Psychiatric Care(two components) billed by location 7North in KCCF or successor location) a.Psychiatric CareSurcharge Costs fo*XailTflôaItlt Services( US)freatinertteatLf* oseoalifectibelokotp,**fiktatat4aktz4; b.Acute Psychiatric Housing Costs for additional officer staffing for: 15-minute checks, Surcharge assistance with feeding,emergency responses,escorts,and other necessary services to provide for an inmate who poses a potential danger to him or her self. 3. Non-Acute Psychiatric Care(one component) listed teIo for Psythiatric Care,, 4. Infirmary Care Costs for HIS Infirmary care,services listed on reverse. Pass-Through Charge Description 5. Off-Site Medical Charges Costs for inmates to receive services from outside medical providers(services not available from JHS). Examples include: Hospital care Dialysis Cancer treatment(chemotherapy,radiation) Specialized transport to medical appointments wheelchair bound inmates) MS Psychiatric Care Services Provided: Criteria: Psychiatric Housing Inmates with severe or unstable mental health conditions are Psychiatric Treatment&Management placed inpsychiatric housing units and receive a level of Psychiatric Treatment Team monitoring and care based on the acuity oftheir mental Monitoring illness. Inmates in psychiatric housing are evaluated upon Medication Administration admission and then re-evaluated on a regular basis by a Mental Health Crisis Counseling multi-disciplinary treatment team. Psychiatric Therapy Groups 36 ITEM CA-7 2012-2020 Interlocal Agreement: Jail Services IHS Infirmary Care Services Provided: Criteria: 24-hour Skilled Nursing Care Inmates who meet diagnostic criteria that require 24-hour Daily Provider Rounds skilled nursingcare are housed in the KC'CF Infirmary: Treatment and Management of Examples include but are not limited to: Complex Disease States Substance abusers requiring medical Medication Administration detoxcationfwithdrawal management(chronic Activities ofDaily Living Assistance alcoholics and opiate addictedpregnant Alcohol Detoxification Individuals with non-stable medical conditions such as:needfor kidney dialysis, wiredjaws,newly started on blood thinning medication; Individuals who are mobility impaired and/or not independent in activities ofdaily living; Individuals requiring IVtherapy or with central lines inplace Individuals who are acutely ill,post surgical, who require convalescent care, and those with conditions requiring extensive treatment andfrequent monitoring;and Individuals with severe respiratoryproblems requiring nebulizer treatments,oxygen and close observation. Inmates areformally admitted to infirmary carefollowing assessment by aphysician or nurse practitioner and then monitored daily byprovider and nursing staff. Discharge from the infirmary occurs either at the time ofreleasefrom jail or as the patient's condition improves and can be safely managedin general population housing. Some individuals remain in infirmary carefor the duration oftheir incarceration. 37 ITEM CA-7 King County Department of Adult and Juvenile Detention Director's Office King County Correctional Facility 500 Fifth Avenue Seattle,WA 98104-2332 206.296.2268 Fax 206.296.0570 TTY Relay: 711 October 5,2011 Dear City Manager/Administrator: I am pleased that,after many months of discussions with the Jail Agreement Administrative Group(JAG),we have finalized two new contracting options forjail services for the cities currently under contract with King County through 2016(the"extension cities"). My letter dated May 20,2011 highlighted this work and provided apreview of these options. I want to thank all the representatives from JAG cities who worked with us to refine these options,as this is another important step in our work together to strengthen regional partnerships in meeting the public safety needs ofour residents. Today's letter and attachments serve as your formal opportunity to consider these options and indicate by November 1,2011. your intent to use one of them or remain with your current agreement Consistent with Section 9 ofthe current jail services agreement with King County,we are providing you with summary and detailed information about your jail contracting options with King County. In addition to this letter,we have includedthe following attachments: Table comparing the features ofthe two new options to your current agreement The interlocal agreements for the new options A response form Letter of May 20,2011 Overview of the Options The County is offering the extension cities two new options forjail service agreements in addition to the optionofmaintaining your current agreement. Option 1: New 2030 Agreement(Long-Term Option) This option is modeled after the long term agreement developed by King County and the City of Seattle and reviewed by the JAG. Under this option,the County will charge lower and more predictable rates along with a 19-year commitment to make jail beds available in line with the city's historical use of the County jail for its contract misdemeanor population. A contract city that chooses this option is committing to a minimum use ofbeds and to contributing funding for the construction of any newjail capacity proportional to its use ofCounty jail beds. Both the County and the contracting city are committing to a more durable agreement as termination can ITEM CA-7 City Manager/Administrator October 5,2011 Page 2 of3 only occur through mutual agreement or by material breach of a party. For any contract citywho intends on using this option,we would need to work together quickly to develop a floor and cap in line with the city's historical use of County jail beds, Option 2: New 2020 Agreement This option more closely resembles the agreement that currently runs through 2016. Under this option,contract cities in the aggregate would have access to beds in the King Countyjail through 2020. The number of beds for all cities is capped at 75 between 2012 and 2016 and re-set at the County's discretion each year thereafter through 2020 depending on factors such as availability ofjail space. This shorter term agreement has no requirement for minimum use ofjail beds or for a contribution to capital costs for jail expansion. Similar to the current agreement,its termination provisions are also easier to exercise for the city and the County. Along with this different type ofcommitment,the booking and daily fees are higher than the first option. However,as noted in the attached comparison table,the booking and daily fees in Option 2 are lower than the fees in the current agreement. The surcharges for special services(e.g.,medical, psychiatric,and 1:1 guarding)would be same for all options. If city chooses Option 2,it may be possible to switch to most of the provisions of the 2030 Agreement at a later point in time by mutual agreement of the County and,the requesting contract city. Finally,ifyour city is choosing this option, I would respectfully request that you seek approval from your council for this agreement as early as possible so that the agreement can be executed by the end of this year. O stion 3: Sta with Current At ee ent This option would largely maintain the current extension jail services agreement which expires at the end of 2016. Based on the current methodology in the agreement,the booking fee for 2012 is 451.72 and the daily fee for 2012 is$135.51. Possible modifications include adjusting the current aggregate cap to align with whatever cities remain with this ISA. Please refer to the comparison tableattached to this letter for summary information about these options. However,to understand fully all provisions,it is important to read the actual agreements. The timeframe is short to execute this agreement by the end of 2011. To meetthis timeframe,please complete the attached response form,including choosing one ofthe options, and return it no later than November 1,2011 to the address listed on the form. As noted earlier,this letter with the attachments is consistent with Section 9 ofthe current agreement(Most Favored Treatment Provision). We are formally providing you an opportunity to review and accept one ofthe new contracting options that may be more favorable than your current agreement. It is important to note that Section 9 will be considered satisfied even ifno response is received by November 1, 2011. Additionally,Section 9 will also be considered satisfied if your city selects one ofthe new contracting options by Novemberl,2011 but does not execute the agreement by December 31,2011. ITEM CA-7 City Manager/Administrator October 5,2011 Page 3 of3 We are pleased that after many months ofwork we can present a menu ofjail contracting options 1 to reflect the different needs ofour contracting partners. These options,however,are just one aspect ofour partnership. No matter which option you choose,we look forwardto working with you and other partners through the Regional Jail Group to effectively and efficiently meet the jail needs of law enforcement and the courts. Ifyou have any questions regarding this letter,please contact me at 206-296-1268 or claudia.balducci@lcingcounty.gov or Senior Policy Analyst Michael Gedeon at 206-263-9698 or michael.gedeon@kingcounty.gov. Sin ,, /'! cam Claydia Balducci v Director L Medina City Council Regular Meeting ITEM CA-8 Monday, November 14, 2011 AGENDA BILL Sub'ect: Bellevue Fire Contract Cate o 1 Consent Ordinance El Public Hearing9ry: City Council Business Resolution Other- Discussion Prepared By: Donna Hanson, City Manager Summary/Background: This contract would replace the current Fire Protection Services Agreement between the City of Bellevue and Clyde Hill, Medina, Newcastle, Beaux Arts, Hunts Point, and Yarrow Point expiring December 31, 2011. City of Bellevue has provided contract Fire Services to the Points communities since the 1960's. The current population based contract has been in place since 1998 and allows for full cost recovery to the City of Bellevue, including LEOFF I Retiree Medical costs. Representatives from each jurisdiction have been meeting over the past six months and have come to an agreement moving away from a population based formula to a revised fee formula that will take into consideration population, calls for service, and assessed valuation. The current contract requires all the cities to share in Bellevue's LEOFF I Retiree Medical Liability. The new contract also requires the cities to share in this cost, but allows a "pay as you go" option by first drawing on current accumulated LEOFF I account balances. Taking this option allows a reduction in annual payments to the contract cities. The 2012 budget reflects the reduced "pay as you go" amount. The contract term will be for a period of six years, commencing January 1, 2012 and ending December 31, 2017. If all parties agree in writing prior to December 1, 2016, the term of the Agreement may be extended for an additional six years to December 31, 2023. Attachments: 1. New Fire Protection Services Agreement Term Sheet Summary 2. Fire Protection Services Agreement Budget/Fiscal Impact: Est. $706,369 in 2102 Staff Recommendation: Ap ov.I bn Consent Agenda City Manager Approval: Proposed Motion to approve terms and contract conditions with City of Bellevue for Fire Council Motion: Protection.Services. ATTACHMENT A NEW FIRE PROTECTION ERVICES AGREEMENT TERM SHEET SUMMARY PARTIES: Bellevue, Beaux Arts, Clyde Hill, Medina, Newcastle, Hunts Point, and Yarrow Point. A separate, but identical contract is executed with each city. SERVICES: The agreement provides for a full-range of fire services, including fire suppression and rescue, emergency medical,fire prevention,and emergency management. Bellevue retains complete discretion over all services provided under the agreement. TERM: Six(6)year agreement,with the option to renew for an additional six years. SERVICE FEE: The fee calculation is based on a full cost recovery model. The contracting City shall pay an annual Service Fee based upon Bellevue's Total Fire Service Cost of providing such services in the preceding year(e.g.the 2012 Service Fee is based upon 2011 Bellevue budgeted expenses and revenues as adjusted to calculate Bellevue's Total Fire Service Cost). The annual Service Fee shall be based on each city or town's relative portion of Population,Assessed Valuation, and Calls for Service when compared to the Extended Bellevue Fire Department Service Area. In the fee formula,this is referred to the "Weighted Community Factor." The annual weighting for Population,Assessed Valuation, and Calls for Service will be adjusted each year. For 2012—2017 the weighting will be as follows: 2012 2013 2014 2015 2016 2017 Calls for Service 45.00% 46.00% 47.00% 48.00% 49.00% 50.00% Population 41.25% 40.50% 39.75% 39.00% 38.25% 37.50% AV 13.75% 13.50% 13.25% 13.00% 12.75% 12.50% Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% If the agreement is renewed, any years beyond 2017 will utilize the 2017 weighting. Expenditures included in calculation of Bellevue's Total Fire Service Cost consist of General Fund Fire Department expenditures, indirect overhead and all other charges allocated to the Fire Department in the City's budget, and an averaged capital cost figure for fire department CIP projects. Revenues included in the calculation consist of customer fees for new construction plans review and inspection, King County EMS Levy revenues received by Bellevue for Basic Life Support and Advanced Life Support services,and, allows for the potential collection of Basic Life Support Transport fees if authorized by Bellevue City Council. October 2011 3-119 ATTACHMENT A LEOFF I RETIREE MEDICAL FEE: In addition,the contract customers will continue to share the City of Bellevue's portion of the LEOFF I Retiree Medical Liability. Under the proposed agreement,cities will have the option to continue paying on an annual basis into a designated reserve fund,or may choose a pay as you go"option. Under the "pay as you go" option, agencies would be able to meet their annual liability by first drawing on their current LEOFF I account balances. After those balances are exhausted, agencies would be required to pay their calculated annual share of the Fire Department LEOFF I liability. In return for the pay as you go approach,the agreement provides that each city or town's share of the total liability shall survive the termination or expiration of the proposed agreements. OTHER FEES:The proposed agreement allows Bellevue to assess and collect fees for new construction fire review and inspection activities performed in the contract cities. The fee schedule will be the same as approved for similar services performed in Bellevue. In addition, Bellevue retains the option under the new contract to establish and collect fees for Basic Life Support Transport throughout the extended Bellevue Fire service area. EMS LEVY: In the event of a King County EMS Levy failure, all contracting cities in the Extended Bellevue Fire Department Service Area and Bellevue shall meet promptly to discuss how to fund emergency medical services in the future. REPORTING REQUIREMENTS: Bellevue is responsible for making a reasonable effort to contact a designated contract city official in the event of a major fire or medical emergency in the contract city's jurisdiction and to follow-up with a written incident report once it is complete. In addition, Bellevue will provide monthly performance reports for activities within each contract city. DISPUTE RESOLUTION: The parties agree to make all reasonable efforts to resolve through informal, good faith negotiations any disputes concerning the terms and conditions or performance of the agreement. If a dispute cannot be resolved through direct discussions, mediation may be initiated. In the event the dispute is not resolved in mediation or the parties do not agree to mediation,the parties may pursue any other form of relief provided by law. October 2011 3-120 ITEM CA-8 FIRE PROTECTION SERVICES AGREEMENT BETWEEN THE CITY OF BELLEVUE AND CITY OF MEDINA THIS AGREEMENT FOR FIRE PROTECTION SERVICES("Agreement")is made and entered into by andbetweentheCITYOFBELLEVUE,a municipal corporation of the State of Washington ("Bellevue"),andMedina,a municipal corporation of the State of Washington ("Contracting City"),jointly referred to astheParties. WHEREAS,in accordance with RCW 39.34.030, both parties have the authority to provide fire protection,emergency medical,hazardous materials response and emergency management services within their respective corporate boundaries;and WHEREAS,Bellevue has established and maintains a fire department,and is capable,within reasonable limitations,of providing service to the geographical area of the Contracting City;and WHEREAS,the parties have previously contracted with one another for the provision of fire service by Bellevue to the Contracting City,and desire to extend the service relationship for an additional six years through December 31,2017,for the purpose of enabling the Contracting City tocontinuetoutilizeBellevue's fire protection,emergency medical,emergency management services capabilities,and hazardous materials response in the Contracting City,and thereby continue to avoid unnecessary duplication of effort and expenditures of public funds;and WHEREAS,substantial investigation and negotiation have occurred in an effort to determine aservicefeewhichisequitabletobothpartiesnowandinthefuture;and WHEREAS,the service fee established for the Contracting City and the method by which futureservicefeeswillbedetermined,as described herein,are acknowledged by both parties to be fair andequitable;and WHEREAS,this Agreement is specifically authorized by the Interlocal Cooperation Act set forthinchapter39.34 of the Revised Code of Washington. NOW,THEREFORE, in consideration of the terms and provisions herein,the parties agree asfollows: 1. Service. Bellevue shall furnish fire protection, emergency medical,emergencymanagement,and fire prevention(the"Services"),which are further defined in Exhibit E,to the Contracting City within the Contracting City's corporate limits which services are substantially the sameandshallbeprovidedatsubstantiallythesameservicelevelasthoserenderedtoBellevue. Bellevue shall furnish all materials,equipment,personnel,training,supervision and facilities as necessary toprovidetheServices. Bellevue shall not discontinue service to the Contracting City,except as provided under this Agreement,unless there are circumstances beyond its control. Bellevue shall not be held liable by the Contracting City if Bellevue is not reasonably able to provide such services. Such instancesshallincludebutnotbelimitedtonaturaland/or man-made disasters. 2. Discretion Regarding Manner of Providing Services. in rendering the Services, Bellevueshallhavethesolediscretionastothepersonnelandequipmentthatwillrespondtoeachcallforfire protection,emergency medical,hazardous materials response,and emergency management services. 1 ITEM CA-8 Bellevue shall have complete discretion as to the order of response to calls,and shall be the sole judge as to the most expeditious,efficient and effective manner of handling and responding to calls for service or the rendering thereof. 3. Reporting. Bellevue shall provide the Contracting City with the following reports regarding Services provided under this Agreement: a. During or following major fires or major medical emergencies, Bellevue shall make a reasonable effort to contact the Contracting City's Police Chief,Mayor,or other designated responsible official(at home if necessary). The Contracting City shall provide the Bellevue Fire Chief with names and phone numbers for this purpose,to be updated annuallyduringthemeetingreferencedinSection7. b. By the first business day following a major fire or major medical emergency, Bellevue shall provide the Contracting City with an oral and/or written report confirming the time and location of the incident,the cause if known,and the general nature and extent of the loss sustained and/or injuries suffered. c. On a monthly basis and by the 15th day of each month, Bellevue shall provide the Contracting City with a written report showing the number and type of service calls and average response times for the preceding month,cumulative year-to-date totals,and comparative figures for the prior year. d. At the end of each six-month period(i.e.,June and December), Bellevue shall provide the Contracting City with a written report on the results of fire inspection and new construction activities. 4. Fees. a. Service Fee. The Contracting City shall pay an annual Service Fee to Bellevue for the Services,which shall be based upon Bellevue's Total Fire Service Cost of providing such services in the preceding year(e.g.the 2012 Service Fee is based upon 2011 Bellevue budgeted expenses and revenues as adjusted to calculate Bellevue's Total Fire Service Cost).The annual Service Fee shall equal the Contracting City's pro rata share of the Total Fire Service Cost in accordance with the following formula and as stipulated in the definitions set forth in Section 12 and in the exhibits to this Agreement: Previous year Total Fire Service Cost x Weighted Community Factor The calculation for the 2012 Service Fee is set forth in Exhibit A and the attachments thereto. The fixed percentages for the Weighted Community Factor elements for each year are also set forth in Exhibit A and the attachments thereto. b. LEOFF I Fee. The Contracting City shall pay an annual LEOFF I Fee,which shall be based on the Contracting City's proportionate share of the Fire Department Share of LEOFF I Retiree Medical Costs and Reserves,as calculated pursuant to Exhibit C(LEOFF I Fee Payment Procedures and Administration). 2 ITEM CA-8 c. New Construction Fire Review&Inspection Fees. Bellevue shall establish an annual fee schedule for new construction fire review and inspection services and shall be responsible for assessing and collecting such fees from Contracting City customers. Contracting City shall adopt local legislation necessary to permit Bellevue to collect such fees. d. Basic Life Support(BLS)Transport Fee. Bellevue retains the option to establish and collect fees for Basic Life Support Transport throughout the Service Area,including within the Contracting City boundaries,and shall be responsible for assessing and collecting any and allfeescharged. 5. Emergency Medical Services(EMS)Levy. In the event of a King County EMS Levy failure, all contracting cities in the Extended Bellevue Fire Department Service Area and Bellevue shall meet promptly to discuss how to fund emergency medical services in the future. 6. Payment Terms for Annual Fees. a. Service Fee. The Service Fee shall be payable one-half on or before May 15 of the service year,and one-half on or before November 15 of the service year. If payment is not received within forty-five(45)days of billing,a second notice will be sent by certified mail. If payment is not received within thirty(30)days of the date of the second notice,such payment will be subject to an interest charge of ten(10)percent per annum,from the due date of the payment. If payment is ninety(90)days delinquent,service may be withheld until payments, including interest,have been made. b. LEOFF I Fee. Contracting City shall have the option to pay the LEOFF I Fee by either(1)drawing down upon their existing LEOFF I account balance,(2)paying the annual fee as calculated by Bellevue,or(3)paying an amount of their choosing above the calculated annual fee amount. Funds not needed to meet current LEOFF I obligations shall be maintained in the Contract City's LEOFF I account and will be available to meet future obligations. Once Contracting City's existing LEOFF I account balance is exhausted or insufficient to cover the annual fee,Contracting City shall pay the LEOFF I Fee on an annual basis until the Contracting City's total LEOFF I Liability is exhausted. Contracting City's total LEOFF I Liability shall be calculated as set forth in Exhibit C. Contracting City must notify Bellevue by September 30 of its preferred payment option for the following year. The Contracting City's obligation to pay its share of the total LEOFF I liability shall survive termination or expiration of this Agreement. Such LEOFF I liability shall be based on the most recent actuarial report as of the date of termination or expiration. The Contracting City shall have the option of either making a lump sum payment or entering into a payment plan with Bellevue. 7. Notification to Contracting City Regarding Fees. By no later than August 1 of each year after the initial service year of this Agreement,Bellevue shall provide the Contracting City with notice of the Service Fee and LEOFF I Fee to be charged for the next service year(e.g.,the Service Fee and LEOFF IFeeforserviceyear2013shallbeconfirmedbynolaterthanAugust1,2012). Such notice shall include copies of those portions of the Bellevue Budget upon which the fee calculations were based. The parties agree to meet promptly following receipt of the notice ofthe Service Fee and LEOFF I Fee by ContractingCity,for the purpose of reviewing the fee calculations and discussing any significant changes from the prior year. Reasonable efforts shall be made to include representatives of the other contracting cities within the Extended Bellevue Fire Department Service Area at such meeting. 3 ITEM CA-8 8. Procedure for Review of Extraordinary Increases. If for any service year,Bellevue notifies the Contracting City that the Service Fee to be charged will exceed the preceding year's Service Fee by more than 8%(eight percent),the Contracting City may request a meeting to discuss the proposed increase. Such meeting shall be promptly held,and reasonable efforts shall be made to include representative of the other contracting cities within the Extended Bellevue Fire Department Service Area. The parties shall negotiate in good faith. If the parties are unable to reach agreement on the Service Fee through negotiation,either party may request mediation. In the event the parties determine to initiate mediation,a mutually acceptable mediator shall be selected by the parties for the purposes of facilitating the mediation process. The mediator shall be selected based on his/her expertise with the nature ofthe matter in dispute and ability to facilitate settlement. The parties agree to provide all documentation and information requested by the mediator. In the event that mediation is unsuccessful in providing a mutually acceptable solution to the dispute after a period of not less than ninety(90)days,unless extended by mutual agreement of the parties,the parties may pursue any other form of relief provided by law. The costs for mediation shall be equally shared between the parties. In order for a third party to join in the mediation,such party must be a city contracting with Bellevue under a contract substantially identical to this Agreement,and must declare its intent to see mediation of substantially the same issues as the Contracting City,and must agree to share mediation costs in the manner prescribed herein. 9. Dispute Resolution. a. Process. The parties agree to make all reasonable efforts to resolve through informal,good faith negotiations any disputes concerning the terms and conditions or performance of this Agreement. In the event of a dispute, notice of the dispute shall be provided in writing and shall be delivered in the manner set forth in the Section 14 of this Agreement. The notice shall set forth with reasonable specificity the factual basis for the claimed dispute. Both Parties shall jointly cooperate to informally resolve any disputes as quickly and efficiently as possible,but in any event not more than sixty(60)calendar days from the date of the notice unless extended by mutual written agreement of the parties. b. Mediation. If a dispute cannot be resolved through direct discussions, either party may request mediation. A mutually acceptable mediator shall be selected by the parties for the purpose of facilitating the mediation process. The mediator shall be selected based on his/her expertise with the nature of the matter in dispute and ability to facilitate settlement. The parties agree to provide all documentation and information requested by the mediator and in all other regards to cooperate fully with the mediator. The costs of mediation shall be shared equally between the Parties. c. Third Parties. In order for a third party to join in the mediation,such party must be a city contracting with Bellevue under a contract substantially identical to this Agreement, and must declare its intent to seek mediation of substantially the same issues as the Contracting City,and must agree to share mediation costs in the manner prescribed herein. d. Other Relief. In the event the dispute is not resolved in mediation or the Parties do not agree to mediation,the Parties may pursue any other form of relief provided by law. At all times prior to resolution ofthe dispute,the Parties shall continue to perform and make any 4 ITEM CA-8 required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. 10. Contract Renewal and Termination. The term of this Agreement shall be from January 1,2012,through December 31,2017. If the parties agree in writing prior to December 1,2016,the term ofthis Agreement may be extended for an additional six years,to December 31,2023. Either party may terminate this Agreement by providing written notice of its intent to terminate at least 30 days prior to commencement of the final service year(e.g.,December 1,2016)for which the service is to be provided. In the event such written notice is given,this Agreement shall terminate and be of no further force and effect on December 31s`of such final service year;provided that Sections 4(b)and 6(b)LEOFF I Fee, and Section 11 Hold Harmless shall survive the expiration or termination of this Agreement. 11. Hold Harmless. In performing its obligations under this Agreement,the Contracting City shall protect,defend,indemnify and save Bellevue,its officers,employees and agents harmless form any and all costs,claims,judgments or awards of damages,arising out of or in any way resulting from the negligent acts or omissions ofthe Contracting City,its officers,employees or agents. In performing its obligations under this Agreement, Bellevue shall protect,defend indemnify and save the Contracting City its officers,employees and agents harmless from any and all cots,claims,claims,judgments or awards of damages,arising out of or in any way resulting from the negligent acts or omissions of Bellevue,its officers,employees or agents. In the event of liability for damages arising out of bodily injury or death to persons or damage to property caused by or resulting from the concurrent negligence of both parties,each party's liability hereunder shall be only to the extent of each party's own negligence. Bellevue and Contracting City each agree that its respective obligation under this section extends to any claim,demand or cause of action brought by or on behalf of any of its employees. For this purpose,Bellevue and Contracting City,by mutual negotiation,hereby waive,as respects the other party only,any immunity that would otherwise be available against such claim,demand or cause of action under the Industrial Insurance provisions of Title 51 RCW. The provisions of this section shall survive the termination or expiration ofthis Agreement. 12. Definitions. The following definitions shall apply for purposes of this Agreement: a. The`Total Fire Service Cost"to be used in calculating the Service Fee payable by the Contracting City for a particular service year shall equal the sum of the following calculation based on the Bellevue Budget: Fire Department Budget—Fire Department Budgeted Revenues+ Non General Fund Fire Department Costs i.Fire Department Budget shall mean the budget for the Fire Department administrative,operations,support services and emergency management divisions as adjusted by the five-year average of the difference between budgeted and actual expenditures including the Fire Department's share of internal service refunds. ii. Fire Department Budgeted Revenues includes revenues for intergovernmental emergency medical services(basic and advanced),BLS Transport Fee, New Construction Fire Review&Inspection Fees as adjusted by the five-year average of collections. 5 ITEM CA-8 iii. Non General Fund Fire Department Costs include: A. The"Fire Department Share of Support Service Costs"for a particular service year means the Fire Department's share of budgeted general overhead expenses,including,without limitation,those for the City Attorney's Office,City Council,City Manager's Office, Finance,Information Services,Human Resources and General Liability Self-Insurance Fund,as allocated to the Fire Department each year as direct and indirect overhead charges for the Department in the Bellevue Budget, provided,however,that such overhead expenses shall not exceed the agreed rate of 12.8 percent of all budgeted expenses included in the "Fire Department Budget"for the year preceding that service year. This rate shall be reviewed and may be revised by the City of Bellevue prior to any extension of the term of this Agreement. The methodology and calculations used to determine the overhead expense rate may be reviewed by the Contracting City. B. The"Fire Department Share of Annual Capital Improvement Program CIP)Allocation"shall mean the total amount of scheduled expenditures for capital improvements in the City of Bellevue Capital Investment Program which is of benefit only to the Fire Department,and which is fairly attributable to the Contracting City. Such costs shall exclude capital costs of initial construction and equipping of additional fire stations built during the term of this Agreement solely for the purpose of serving areas not within the Extended Bellevue Fire Department Service Area as ofJanuary 1,2012;provided,however,that in the event that additional fire stations are required to provide service to any portion of the Extended Bellevue Fire Department Service Area as that area existed on January 1,2012,the parties shall agree on a fair allocation of capital and equipping costs attributable to the Contracting City,based on the service area of the additional station. Such CIP allocations may be subject to the Procedure for Review of Extraordinary Increase intheeventtheServiceFeeincreasesinexcessof8%over the Service Fee from the previous year,all as described in Section 8 of this Agreement. The Fire Department Share of Annual CIP Allocation is used to calculate the Average Annual Fire Department CIP charge each year. iv. Grant expenditures and revenue will continue to be accounted for separately in Bellevue's Operating Grants and Donations Fund. The expenses and revenues associated with grants that benefit the Fire Department are excluded from this calculation. The total Fire Service Cost excludes the Fire Department Share of LEOFF I Retiree Medical Costs and Reserves. b. The"Bellevue Budget" used in calculating the Service Fee payable for particular service year shall mean the official budget adopted by the City of Bellevue for the precedingfiscalyearincludinganyCouncil-approved ordinance amendments to such budget or City budgetpractice,duly enacted on or before the 30th day of June of such budget year. In the event that Bellevue changes the form or substance of the budget categories used in this Agreement,the 6 ITEM CA-8 definitions,calculations,and formulas used in this Agreement shall be amended to achieve the same substantive results. c. The"Extended Bellevue Fire Department Service Area"shall mean that total service area comprised of the following cities and towns for which Bellevue provides fire protection services,as their boundaries presently exist or as such boundaries may hereafter be modified by annexation,together with any additional areas Bellevue may elect to provide fire protection services for in the future: Bellevue,including Fire District 14 Beaux Arts Clyde Hill Hunts Point Medina Newcastle Yarrow Point It is the intent of the parties that the Contracting City shall benefit from the full fire system resources of Bellevue,as they may be developed by Bellevue in its discretion pursuant to Sections 1 and 2 of this Agreement. It is further the intent ofthe parties that if additional territory is added to the Extended Bellevue Fire Department Service Area,it will be accomplished in a manner which would be expected to provide benefit to the fire system overall,including the Contracting City. Bellevue agrees to meet with the Contracting City to explain any agreements for expansion of the Extended Bellevue Fire Department Service Area, promptly upon reaching any such agreements,and their impact,if any,on future Service Fees. d. "Weighted Community Factor"shall be based on each city or town's relative portion of Population,Assessed Valuation,and Calls for Service when compared to the Extended Bellevue Fire Department Service Area. The formula for determining each city or town's Weighted Community Factor"is the sum of: a city or town's Population% X Weighting for Population+ a city or town's Assessed Valuation% X Weighting for Assessed Valuation+ a city or town's Calls for Service% X Weighting for Calls for Service. The annual weighting for each for the community factors will be adjusted each year. For 2012—2017 the weighting will be as follows: Factor Weighting 2012 2013 2014 2015 2016 2017 Calls for Service 45.00%46.00%47.00%48.00%49.00%50.00% Population 41.25%40.50%39.75%39.00%38.25%37.50% AV 13.75%13.50%13.25%13.00%12.75%12.50% Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Any years beyond 2017 will utilize the 2017 weighting. 7 ITEM CA-8 1. The"Population"of any incorporated city or town for purposes of calculating the Service Fee due for a particular service year,shall mean its population as officially certified the preceding service year by the Washington State Office of Financial Management or its successor agency. The estimated population of Fire District 14 shall be included as a part of the City of Bellevue population. The population of Fire District 14 shall be calculated by multiplying the number of occupied housing in units in the District, (using the then most current information available from the King County Department of Assessments), by the single—or multi-family multiplier used by the State office of Financial Management or its successor agency to forecast population in Bellevue,as set forth in Exhibit B. 2. "Assessed Valuation"of any incorporated city or town for the purposes of calculating the Service Fee due for any particular service year,shall mean its Assessed Valuation(AV)of real and personal property for the preceding service year as calculated and published by the King County Department of Assessments,or its successor agency, in its Annual Statistical Reports. The AV of Fire District 14 shall be included as a part of the City of Bellevue AV. 3. "Calls for Service"of any incorporated city or town for the purposes of calculating the Service Fee due for any particular service year,shall mean the average of the preceding five years of the incidents reported and responded to by the Bellevue Fire Department for each city or town as reported by the Bellevue Fire Department. Calls for Service for Fire District 14 shall be included as part of the City of Bellevue's Calls for Service. e. The"Fire Department Share of LEOFF I Retiree Medical Costs and Reserves" shall mean the estimated present value of all future medical and long-term care benefits to be paid on behalf of current and retired LEOFF I firefighters based on the most recent actuarial study,as further described in Exhibit C. f.Fire Department LEOFF I Retirees"shall mean those retired firefighters formerly employed by the Bellevue Fire Department,eligible under state law to receive Law Enforcement Officers and Fire Fighters! (LEOFF 1)retirement benefits from Bellevue. "Fire Department LEOFF I Eligible Employees"shall mean the total number of Bellevue Fire Department personnel, both currently employed and retired,that are or will be eligible for LEOFF I benefits. g. "LEOFF I Medical Fund"shall mean the Fund established by the City of Bellevue, into which are deposited monies for the purpose of paying current and future police and fire personnel LEOFF I retiree medical benefits,payable pursuant to RCW 41.26.150 et seq. h. "LEOFF I Fee"shall mean the amount chargeable annually to Contracting City as its proportionate share of the Fire Department Share of LEOFF I Retirees Medical Costs and Reserves,as calculated annually pursuant to Exhibit C(LEOFF I Fee Payment Procedures and Administration),hereby incorporated by reference as it fully set forth herein. 8 ITEM CA-8 ITEM CA-8 ITEM CA-8 Average Annual Fire Department CIP Charge"is that portion of the Total Fire Service cost which represents the Fire Department Share of Annual Capital Investment Program The Average Annual Fire Department CIP Charge shall be based on an average ofthe 2009- 2015 adopted Bellevue CIP Plan Fire Department Share of Annual CIP Allocation for years 2009- 2012,plus a true-up factor added to reflect the average actual expenditure in years compared to the annual payment for the previous four years,as set forth in Exhibit D). For future years, the calculation of the Average Annual Fire Department CIP Charge shall be similarly extended, such that the Average Annual Fire Department CIP Charge shall be that amount equal to the annual average of the adopted Bellevue CIP Plan fire Department Share of Annual CIP Allocation for four years,as derived from Bellevue's most recently adopted CIP plan, plus(minus)a true-up factor added(subtracted)to reflect the average actual expenditure compared to the Average Annual Fire Department CIP Charge for the previous four years(less the portion of such charge representing the prior true-up). 13. Agreement. This Agreement together with Exhibits A through E(and attachments thereto),which are hereby incorporated by reference as if fully set forth herein, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations,or agreements,either written or oral. This Agreement may be amended,modified or added to only by written instrument properly signed by the authorized representatives of both parties hereto. 14. Notice. All notices required by this Agreement shall be in writing and shall be deemed to have been given at the time of delivery if personally delivered,or three calendar days after the time of mailing, if mailed by first class,postage pre-paid. All notices and other material to be delivered under this Agreement shall be delivered or mailed to the following addresses: a. Notice to the City shall be sent to: City of Bellevue Fire Department Attn:Fire Chief PO BOX 90012 Bellevue,WA98009-9012 b.Notice to the Contracting City shall be sent to: City of Medina Attn:Mark Thomas—Police Chief 501 Evergreen Point Road Medina,WA 98039 15. Compliance with Laws. Bellevue and Contracting City shall comply with all applicable state,federal and local laws in carrying out the terms of this Agreement. 16. Assignment. No assignment or other transfer of any right or obligation under this Agreement shall be made by either party,and any attempt to so assign or transfer such right or obligation shall be a breach of this Agreement and the assignment shall be of no effect. 9 ITEM CA-8 17. Severability. If any provisions of this Agreement are held invalid by a court of competent jurisdiction,the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated. 18. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agreement. 19. Effective Date. Upon execution by both parties,this Agreement shall take effect on January 1,2012. IN WITNESS whereof,the parties acting in their official capacities have herby executed this Agreement by affixing thereto the signature of the proper officers on the dates below indicated. CITY OF BELLEVUE CITY OF MEDINA By By Its Its Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney LIST OF EXHIBITS EXHIBIT A—Service Fee Calculation EXHIBIT B—Fire District 14 Population EXHIBIT C—LEOFF I Fee Payment Procedures and Administration EXHIBIT D—Average Annual Fire Department CIP Calculation EXHIBIT E—Fire Protection Services 10 ITEM CA-8 EXHIBIT A Service Fee Calculation 11 ITEM CA-8 7 c O O O O O °O O O 0O O o'N Co O c) M 0 0 u7 Co M O 0 0)=COO 0 0) 0) CO O N r•-•V' O 0) cr°o N N r- C? N Cam) r N M O O N- Oo CO T.U g• co cr co 0 Co 0 0 u) 00) O CO <- 0) NO to CD 0) N- ti 10NN- ch N N CO 0 40ANC•) CO-y O CO C") 0) O) Co U) Masc1' 0) L[) 0o d' M O f`- CO r CO 'tGNt,- 0) V 10 N 0 V1069 CO r,... CA0 U V 0 00) Co 0 0) m N-0) 0 C Co Co M 0) N- C0 - 1.-- 0) h r N 'V CO Off) O L Q co- d CNO Co U0) F. C') co m N C) cT co* e- Ca > O c) Co M C. cr N r d 0) M fV m Ff3 N N CM'') CC) O O co) r U) OOe-N a 111.11r I e-- (o O 0 Co CO Co CD CO U) . 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CO N V - q>)a CO C C T0. a? c t m Q a) c» a > v t'q p C m Q a) >L o a , , 'a a a , , E w C 7 < '0 0, gym. 5 C2 a ID 0) CC 0) CO L Q 0 m 7 CI) to a) = chi mC = c W c- cpa) co m p N N Co V mU p E a —U a) E - 4 4) W ttl v R c W l)1 2 3 y w al ZC .e I—2M7-- .2 l- c o NaC1O00OOOX O x 0 0 0 a 0 0 ONIDNXCOOCIOQOCVCOCO O O Q 0) -\ CO CO O CO CO rn NcoXNco am co co X co co co p p 0 0 0 0 0 V 6 a O O ' - 0 m 00000 a m a 0 CoTrr-Q r" r- C- \ e ITEM CA-8 EXHIBIT B Fire District 14 Population 12 ITEM CA-8 2 C a 0 alo CO to CO- o c" N. c) (N .t h Ctf_ N O M O a 0 N 0 N N. CO co 4 N r (Ni N co O totWI CO j •to C Q Z In cri CO in C 64 U o rF-+ a CI N M C,) N. r (0 (0 l.L W co O I'E O N 8O` c a/ Uf 0 C C O o c r 2 T 4-I N 0 l c N Q o E w v) L. O N To a,C d v a a) 4.. g y E it E O V c = c c) E o Uwd) CJ w CO a) a) 2 ° Li a 0 Q is iS CO o CU r0 E 0 cc L-w j i w w F- I 1- c Ltr. Eco r r4. LL a as c..) Aha c tm= m o Q) ai O O N O N c ITEM CA-8 EXHIBIT C LEOFF I FEE PAYMENT PROCEDURES AND ADMINISTRATION The purpose of this Exhibit C is to set forth the manner of calculating the total LEOFF I Liability and annual LEOFF I Fee and to establish procedures for administering such payments.The goal of the LEOFF I Fee as set forth herein is to generally match the payment obligation attributable to costs for LEOFF I eligible firefighters to those persons receiving benefit of the service of those firefighters,and to set aside the necessary funds for this purpose in roughly equal annual amounts. 1. LEOFF I Fee Calculation Formula. The Contracting City's annual LEOFF I Fee shall be based on the Fire Department Share of LEOFF i Retiree Medical Costs and Reserves,as determined by Bellevue based on the most recent actuarial study approved by the Bellevue City Council, a proportionate share of which shall be annually allocated and charged to the Contracting City inaccordancewiththefollowingformula: Total LEOFF I Liability=(Population Factor x Base Service Years Component)+(Population Factor x Post—1996 Service Years Component) WHERE: Population Factor"=Population of Contracting City divided by Population of Extended Bellevue Fire Department Service Area Base Service Years Component"_ for City of Newcastle:zero(0); for any other Contracting City(or Bellevue): (1,588 divided by Total Estimated LEOFF I Service Years)x Fire Department Share of LEOFF I Retiree Medical Costs and Reserves Total Estimated LEOFF I Service Years"=In any year,the total number of years of employment with the Bellevue Fire Department reasonably estimated to be served byallLEOFFIeligibleBellevueFireDepartmentemployeesfromthedateoftheir employment with Bellevue through the date of their retirement,as such number is periodically updated by Bellevue to account for deaths, retirements,extended service years,and similar factors over time. 1,588 is the number of service years served by Bellevue Fire Department LEOFF I Eligible Employees prior to 1997(e.g., through 1996). Post 1996 Service Years Component"=[1 minus(1,588 divided by Total Estimated LEOFF I Service Years)x Fire Department Share of LEOFF I Retiree Medical Costs and Reserves) The calculation for the 2012 LEOFF I Fee using this formula inset for the on Attachments 1,2 and 3 tothisExhibitC. "Fire department Shares of LEOFF I Retiree Medical Costs and Reserves,"is defined in theAgreement,and further described in this Exhibit C. 2. Accounting. Bellevue shall maintain a distinct line item within Bellevue's LEOFF I Medical Reserve Fund for the Contracting City. 13 ITEM CA-8 3. Bellevue Commitment to Contribute to LEOFF I Medical Reserve Fund;and to Maintain Fund. Bellevue commits to deposit funds in the LEOFF I Medical Reserve Fund towards payment of the Fire Department Share of LEOFF I Retiree Medical Costs and Reserves. Bellevue's LEOFF I Fee shall be calculated using the LEOFF I Fee formula described herein. Bellevue shall have the same LEOFF I Fee payment options as Contracting City,as set forth in Section 6(b)to this Agreement. 4. Investing and Ownership of Monies in LEOFF I Medical Reserve Fund. All funds deposited in the"LEOFF I Medical Reserve Fund"and the line items therein shall be the property of Bellevue. Bellevue shall be responsible for investing all funds held in Bellevue's"LEOFF I Medical Reserve Fund"in accordance with Bellevue's investment policy,as that policy may be changed by Bellevue From time to time. Bellevue shall provide Contracting City with a copy of Bellevue's investment policy annually. 5. Administration of Funds in LEOFF I Medical Reserve Fund. Bellevue shall maintain the LEOFF I Medical Reserve Fund, until such time as all costs and expenses have been paid,or refunded pursuant to Section 9 of this Exhibit C. Bellevue shall have sole authority to make payments out of the LEOFF I Medical Reserve Fund,and shall apply funds deposited by the Contracting City and held therein only for eligible LEOFF I Medical costs,insurance or other legally required or permitted LEOFF I benefits or expenses. Bellevue shall have sole and complete discretion as to the administration of its LEOFF I benefits program for police and fire employees,subject to requirements of state law. From time to time as necessary, Bellevue shall(i) make direct payments or(ii)transfer funds to the LEOFF I Medical Reserve Fund to another Bellevue Fund for the purpose paying for LEOFF I medical payments due in the then current year for Fire Department LEOFF I Retirees and police department LEOFF I Retirees. Amounts shall be withdrawn from the line item attributable to the Contracting City's payments only for payment of Fire Department LEOFF I Retiree medical costs, insurance or other legally required or permitted LEOFF I benefits or expenses,and shall be withdrawn in amounts corresponding to the ratio of the Contracting City's LEOFF I Fee to the Fire Department Share of LEOFF I Retiree Medical Costs and Reserves for that year. In the event amounts in the LEOFF I Medical Reserve Fund are not adequate to pay current year expenses,such expenses shall be factored into the LEOFF I Fee calculation for the following year and future actuarial updates. 6. Reporting. Within 90 days of the end of each calendar year quarter,Bellevue will prepare and provide Contracting City with a written summary of the status of monies in the LEOFF I Medical Reserve Fund, identifying the"project"line item for the Contracting City,including the balance in,interest earnings on,and withdrawals from such"project"line item. 7. Review of LEOFF I Medical Reserve Fund. Each Contracting City shall have the right to inspect the City's LEOFF I Medical Reserve Fund records,after providing reasonable advance notice to Bellevue. 8. Actuarial Study Updates. Bellevue shall use a professional actuarial firm to periodically estimate the total LEOFF I medical liability for police and fire personnel in order to have the most accurate funding level ofthe LEOFF I Medical Reserve Fund. An actuarial study ofthe LEOFF I liabilitywillbeconductedinaccordancetotheGovernmentAccountingStandardsBoard(GASB) recommendations. The actuarial firm will be directed to provide its"best estimate" rather than a"worst case scenario"or"most optimistic scenario." Similarly,Bellevue shall use its"best estimate"rather than a "worst case scenario"or"most optimistic scenario"in providing information for the actuary's use. The 14 ITEM CA-8 actuary's estimate will be the basis for determining the Fire Department Share of LEOFF I Retiree Medical Costs and Reserves. It is understood and agreed that this amount may increase or decrease as new actuarial studies are conducted, and that the annual LEOFF I Reserve Fund payment will be calculated based on the most recent Bellevue City Council adopted actuarial study. 9. Refunds. It is the intent of the parties that the amount in the LEOFF I Medical Reserve Fund over time be adequate to pay all LEOFF I medical costs payable by the City,with minimal balances remaining after all such costs have been paid. In the event there are funds remaining after all expenses have been paid(after the death of the last LEOFF I Eligible Employee),then an amount equal to the Contracting City's pro-rata share of the remaining amount,calculated based on the ratio of the Contracting City's total LEOFF I Medical Reserve Fund principal contributions over time to the total of all principal contributed to such Fund over time by any and all parties,shall be promptly remitted to the Contracting City. This obligation shall survive the expiration of this Agreement. II 15 ITEM CA-8 G 7 O tip Coev 0 Co 00 O o Ln zt sD 00 m CNI o00r.1CO O I s-4- et N. 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W 0.- CD 4 0 1 N N a. aaa Qa t°- zti O N ITEM CA-8 To' 2, Cl- m O N- CD M N- O 2 O N U .., Cn O co O N N n W -0 CD r- cO r` O M cf)- 1-c a) CD ,--- r` CD U) .- O U c0 CD N CO N Q X `_ M Ill N E 4.4 czi 0 CO c) j 0- op N 'Cr M N- C') 0 0 o U w M .- CD CO N- U) - 0 U • w QwC, a RS = sv Eft ER U h -.L 0 U) N 0) et QVMNZoC) C(C 00 o In i OQ- w " To 'a (.6 c•i CO CV- ri ri cO rn5metou) o r- 0 I I- N N CO S r- CD CD ce x T O. w I— o ER. E9 ER Lw co E. °i CO 0) O CO V o CO Oao0zIt) o) It) - o0LOQ t 1- Q 4- LL c c c. ci v rn U)m a N iU i Q x w ER E U) _- d 0) r. V M O '7 O O O Q h-C c)a0 N O O M 0 C) Cf) U) r) N C.1 c- r` 6) d' O N O O N- N- "t O. m e CO r a) CO Ai M M a) W Q x N M w U z v i_ 00c0000n,i a) CO OOQOQC) cuAS t d dd d Q CMa:I co O O Q Cf) Q N L V o O.Q U t rn3 M O O m L a) v 4 C cDNU) X 3 E.,V R_ a) o N U p o QQUCD a) OSi _ D o cQ_4)t - D 'D cUH1•44 CI airoa) c Q 13 o CQ T -10O —z X Q Q U "Qco• a E Cc Q p o V)4.. ..0 I- LL_ C a) a) • W O O .J0UiO0 NLnXyQCyQ: cu LT. N NN C 'aWOpNCOco c :. Q_ s- 00 C 3 4.4 0 C .L2 u) co d jii N a` O 0.. c Ca U) om v.....( aC) >- rnOicoa) co co C') 0) O 0 6 a.^ N C U) U) tCf CI To N a)Cn (n Cn (n ( p p > >,CL a a Q. Q_ Q_ Q_ I- f- 0 d. ITEM CA-8 EXHIBIT E FIRE CONTRACT SERVICES 1. Fire Protection: Respond to all reported and confirmed fires and potentially hazardous conditions. a. Types of Fire Responses: Fire—All types of fires, including building,vehicle,debris and vegetation fires. ii. Hazardous Conditions—Hazardous materials incidents including leaks and spills that may threaten life and property.The Bellevue Fire Department responds as part of the Eastside Hazardous Materials Consortium. iii. Service Call—Requests for assistance other than Fire or EMS, including broken water pipes, people stuck in elevators,etc. iv. Good Intent—Includes fire incidents dispatched but cancelled prior to arriving on scene, incidents where steam or another gas is mistaken for smoke,smoke from barbeques,etc. v.False Alarms—All false alarms including accidental,malicious, and system malfunctions. vi. Weather Related Calls—Calls related to major weather events, including wind and snow storms,flooding and earthquakes. 2. Emergency Medical: Respond to all medical emergencies after being triaged at NORCOM that are either life threatening or non-life threatening as directed by the King County Medical Program Director. a. Types of EMS Responses: Basic Life Support(BLS): Non-life threatening medical illness or traumatic injuries.These include minor medical conditions that require assessment and include injuries sustained as the result of a motor vehicle collision,falls,and cuts.Both categories may or may not include transport to a medical facility. ii. Advance Life Support(ALS) Emergency Medical Services(Medic 1): Reported life-threatening injury or illness.A BLS unit is also dispatched to all ALS type emergencies. iii. EMS Cancelled—EMS incident dispatched but cancelled prior to arriving on scene. 3. Fire and Life Safety Services:Those services that are related to the prevention of fire through education, plan review, inspection and public firework displays. a. Fire Inspection:Conduct annual inspections in all commercial occupancies. b. Fire Safety and Fire Prevention Education: Upon request fire education in schools, residential communities,and commercial properties is provided. c.Fireworks display:After approval at the State level,the Bellevue Fire Department conducts inspection and standby for public fireworks displays in the communities. 16 ITEM CA-8 d. Plan Review:Plan review and field inspections are completed for new development in the contract communities.Occupancy permits are issued by the local building official. e. Open Burning:There is no open burning in Bellevue or any of its contract communities. f.Knox Box Installations:After purchase by owner, Fire Prevention staff assists with finalizing the Knox Box installations on gates to private residences and for commercial buildings. Finalizing installation is defined as'turning the key'on gate switches to verify it is functioning properly, establishing an inventory of any keys in boxes,and informing the fire companies through the computer aided dispatch(CAD)for response information.The Bellevue Fire Department'does not' purchase or install the Knox Box devices. 4. Emergency Management:Emergency Management services that may be provided are limited. When resources are available, upon request the Department can provide: emergency preparedness education materials; basic preparedness education for residents,businesses,and city employees;the delivery of SPAN or related programs for neighborhoods;coordination with contract cities during EOC activations and incidents;providing general technical guidance of emergency management issues such as planning, program and polices;and invitations to the Bellevue Office of Emergency Management trainings,exercises,and activities. 17 ITEM CA-9 CITY OF MEDINA Park Board Meeting Minutes July 18, 2011 St. Thomas Church, Music Room 8398 NE 12`h Street CALL TO ORDER Vice-Chair called the July 18, 2011 Park Board meeting to order at 6:02 pm. ROLL CALL Present: Gabriele Dickmann, Marelaine Dykes, Susan Flagg, Matt Kochel (arrived 6:18 pm), Susan Loren-Taylor (arrived 6:03 pm), Laura Weingaertner Absent: Ross Mickel Staff Present: Joe Willis, Director of Public Works Pamela Greytak, Admin. Assistant ANNOUNCEMENTS No announcements. MINUTES MOTION WEINGAERTNER AND SECOND FLAGG TO APPROVE THE JUNE 20, 2011 PARK BOARD MINUTES WITH THE FOLLOWING AMENDMENT: WEINGAERTNER NOTED A SPELLING CORRECTION FOR THE NAME EDELHERTZ". MOTION PASSED 6-0. (6:05 pm) AUDIENCE PARTICIPATION Medina resident Mark Parry inquired about improvements to Fairweather Preserve in coordination with the new SR-520 lid. Dykes and Weingaertner explained the park board previously made recommendations to WSDOT regarding the matter. Weingaertner specified the board also recommended several improvements to all Medina parks with respect to the comprehensive plan update, which include the following Fairweather enhancements: resurface tennis courts, replace tennis court wall, improve sports field drainage, install new handrails, and level the sports field. Board members voiced concern over parks budget constraints. Loren-Taylor explained that board members are allowed to make requestsetuests from council.g q Mr. Parry questioned WSDOT's land use changes in Fairweather Preserve. Willis explained that state laws override local laws. Mr. Parry voiced concern over individuals using the Fairweather Preserve parking as a park and ride. Board members responded that the topic would be forthcoming on the agenda. Park Board Minutes Page 1 July 18, 2011 ITEM CA-9 PARK REPORTS Medina Park (6:19 pm) Dykes said she has noticed an increase in the number of park users leashing their dogs in Medina Park. Kochel noted the benches in Medina Park look brand new. View Point Park (6:20 pm) Weingaertner reported graffiti in View Point Park. Board members discussed a missing dog waste container in View Point Park. Willis indicated the city would be providing a replacement container soon. Medina Beach Park (6:21 pm) Weingaertner reported that at times there is a lack of lifeguards on duty at Medina Beach Park. She explained that lifeguards are asked to leave early when beach attendance is low due to inclement weather. Board members agreed that lifeguards should be on duty even when it is raining because the weather may improve. Resident Mark Parry recommended the city utilize a flag system to inform residents of lifeguard status, for example, when the flag is up lifeguards are on duty, and when the flag is down lifeguards are not on duty. Board members suggested city personnel send emails to residents alerting them when lifeguards are off duty. Weingaertner concluded she would discuss the matter with Linda Crum. NEW BUSINESS Request to remove half of the trees along the east property line of Medina Beach Park 6:29 pm) Board members provided input regarding a request by property owners adjacent to Medina Beach Park to remove every other tree along the property line. Willis explained that the city planted the trees several years ago to enhance the neighbor's privacy, but the large trees had grown together and are now blocking sunlight. Kochel and Weingaertner agreed there should be a mitigation requirement, such as the owners planting trees in Medina parks equal to the number removed. Loren-Taylor, Dickmann, and Dykes had no reservations regarding the request. Fairweather Preserve parking (6:35 pm) Board members spoke about people disregarding Fairweather Preserve's three hour parking time limit, and the lack of parking enforcement. Willis confirmed he would find out what the maximum fine is for exceeding vehicle parking time limits. WSDOT proposed Fairweather Preserve walking path (6:38 pm) Hunts Point resident Ms. Jan Deaton voiced concerns over residential safety due to WSDOT's plans to build an ADA accessible walking path in Fairweather Preserve. She expressed that she did not want the path built adjacent to homes in Hunts Point. Board members and Willis conversed in detail with Ms. Deaton regarding the matter. Ms. Deaton reiterated her apprehension regarding the location of the proposed paved path. Kochel suggested a compromise to de-emphasize the path. Board member's agreed with Kochel's recommendation and Ms. Deaton's consented. Willis confirmed he would make an inquiry with State authorities regarding the matter. Park Board Minutes Page 2 July 18, 2011 ITEM CA-9 MOTION FLAGG AND SECOND DYKES TO EXTEND MEETING 15 MINUTES. MOTION PASSED 6-0. (7:05 PM) Parks Comprehensive Plan Goals and Policies (7:06 pm) Willis reported that the board had previously determined objectives, a wish list, and action items related to the parks comprehensive plan update. He explained the next step is to re-examine goals and policies. Board members discussed the need to add policies concerning the parks budget. Willis stated he would edit the goals and policies and add information regarding identifying a revenue stream. August meeting (7:10 pm) MOTION KOCHEL AND SECOND FLAGG TO CANCEL AUGUST 15, 2011 PARK BOARD MEETING. MOTION PASSED 6-0 (7:10 PM) Dog waste pick-up reminder card (7:11 pm) Loren-Taylor reported that the city manager indicated in an email to her that the police department does not recommend that board members place park rules reminder cards on people's automobiles. Loren-Taylor stated that currently board members verbally alert park users of dog waste clean-up rules, and the majority of people are thankful for the reminder. Kochel recommended Loren-Taylor discuss the matter with Acting Chief of Police Yourkoski. ADJOURNMENT MOTION WEINGAERTNER AND LOREN-TAYLOR SECOND TO ADJOURN JULY 18, 2011 PARK BOARD MEETING. MOTION PASSED 6-0. (7:19 PM) The next Park Board meeting will be held Monday, September 19, 2011 at 6:00 pm. Minutes taken by: Pamela Greytak, CMC Administrative Assistant Park Board Minutes Page 3 July 18, 2011 ITEM CA-10 CITY OF MEDINA Emergency Preparedness Committee Meeting Minutes July 20, 2011 St. Thomas Church Music Room 7:00 p.m.8398 NE 12th Street— Medina, WA CALL TO ORDER Chair Kay Koelemay called the Emergency Preparedness Committee Meeting to order at 7:04 p.m. ROLL CALL Committee: Chair Kay Koelemay, Medical Chair Marita Acheson, Communications Chair Cy Humphreys Volunteers: Doug Dicharry, Bruce Hand, Gary Sultan, Boy Scout Troop 430 Leader Michael Taylor Staff Present: Emergency Preparedness Coordinator Kris Finnigan APPROVAL OF MINUTES MOTION ACHESON/SECOND KOELEMAY TO APPROVE May 18, 2011 MEETING MINUTES AS WRITTEN. MOTION APPROVED. Medical Committee Dr. Dicharry reported that he had recently taught a course in psychological first aid to a group from the Public Health Reserve Corps. He explained that it was a three-hour class and that he looked forward to conducting such a class in the community. Drs. Koelemay and Acheson reviewed plans for setting up account with the city for purchase of needed medical supplies. Communications Committee Discussion followed on plans for the radio scavenger hunt, to be held during Medina Days on August 13th. It was decided to have a booth with voice, digital and Morse code on display that day. Michael Taylor, Boy Scout Troop 430 Leader was present and expressed interest in his group of scouts becoming involved in the scavenger hunt, as well as emergency preparedness in general. He said that the troop has several hand held radios, for use during the event. He also mentioned that these young men might work on their Eagle Scout badges, through the Map Your Neighborhood Program. Humphreys reported that the network was operating well. He said that proper protocol was followed. He noted a recent article in the Points Living Magazine, written by volunteer Chris Gulacsik. This article described work of the communications group and their commitment to the community. ITEM CA-10 Discussion followed regarding charging of batteries for the hand held radios, as well as the probability that some radios had not been properly programmed and would need attention. Medina Days Plans for the emergency preparedness booth were discussed. It was decided that cold bottles of water would be distributed, highlighting the need for water during disaster. Koelemay shared materials that she obtained at a recent Emergency Preparedness Fair, for possible distribution during Medina Days. Emergency Preparedness Month Discussion followed regarding public education materials to be distributed during Emergency Preparedness Month in September. A newsletter will be sent to the community via E-Gov. 2011 Emergency Management Performance Grant It was announced that monies from the 2011 Emergency Management Performance Grant are available for use by the committee, should a need for equipment meet the requirements of the grant. Chair Humphreys said that he would be working on a proposal to be submitted to the committee and state for review. Meeting Schedule The next Medina Emergency Committee Meeting was scheduled for Wednesday, September 21, 2011. The meeting adjourned at 8:40 p.m. Minutes taken by: Kris Finnigan Emergency Preparedness Coordinator 2 ITEM CA-11 CITY OF MEDINA Planning Commission Special Meeting September 28, 2011 Medina City Hall Council Chambers 6:00 p.m. 501 Evergreen Point Road CALL TO ORDER The Planning Commission special meeting of September 29, 2011, was called to order at 6:00 PM by Chair O'Brien. ROLL CALL Present: Peter May, Alex Morcos, Heija Nunn (arrived at 6:09 PM), Judie O'Brien, Jeff Price, Ching-Pi Wang. David Lee participated via telephone. Absent: None Staff Present: Robert Grumbach, Development Services Director Donna Goodman, Development Services Coordinator Amy Summe, Shoreline Consultant ANNOUNCEMENTS (6:01 PM) Grumbach made the following announcements: A new police chief has been hired and will begin on October 17th The July Planning Commission minutes were included in the packet for informational purposes only. The City Council met on September 26th to discuss two items: the 2012 budget and proposed upgrades to 84th Avenue N.E. The council requested input from the Planning Commission and Park Board regarding the 84th Avenue N.E. upgrades. It was announced there would be an open house on October 17 and it was suggested that the Planning Commission and Park Board hold a joint meeting following the open house to discuss the upgrades. Discussion followed on the advisability of a joint meeting, on the possibility of employing a survey, and on the challenges of engaging the public. The consensus was to participate in the joint meeting with the Park Board on October 17 following the open house. ITEM CA-11 APPROVAL OF MINUTES (6:21 PM) MOTION PRICE / SECOND MAY TO APPROVEO AUGUST 30, 2011, SPECIAL MEETING MINUTES AS SUBMITTED. APPROVED 7-0 (6:21 PM). AUDIENCE PARTICIPATION (6:22 PM) There were no comments from the audience at this time. OTHER BUSINESS 1) Continued Discussion on Shoreline Master Program Update — Development Regulations. (6:23 PM) Grumbach explained that he had received Klinge's memo just the previous afternoon so he had not had time to do more than read it briefly. Price asked about the process and strategy for dealing with the Department of Ecology and discussion followed. Grumbach reminded the commissioners about the state guidelines that the City must follow, but within the guidelines there is considerable discretion to fit local conditions. He noted that the strategy was to make sure whatever the City decides to forward to Ecology, we have some defensibility behind it. There was general agreement on this approach. On the subject of areas that have been particularly difficult with Ecology, Grumbach identified dock walkway widths and, in some places, setbacks. Charlie Klinge, representing Medina Now, apologized for getting his written comments to the commission late. He reviewed some of the points he had made in the memo, and addressed some experiences other cities have had with Ecology. Klinge supported the approach to dealing with Ecology recommended by Grumbach. Summe supported Klinge's comment and said that there is value in having an informal consultation with Ecology prior to submittal of the completed document. She explained that it is an advantage to the City for Ecology to know the community, which helps them understand where the City is coming from. Grumbach noted that there have been three different Ecology officials assigned to Medina since this process started and that he has had conversations with each to help them understand what is unique about Medina, distinguishing it from other communities. Grumbach began summarizing revisions from the last meeting and expressed support for some of the "word-smithing" that Klinge had suggested. He explained changes to: monitoring of vegetation requirements (reduced the time period from five to three years), allowing additional intrusions in the 70-125 -foot. string line setback area, and additional relief provisions for shallow lots. Planning Commission Minutes Page 2 September 28, 2011 ITEM CA-11 May commented that Grumbach had made a good deal of progress, but found the planting requirements confusing and would like to see clarifications there. Grumbach explained this section was kept vague in order to provide more flexibility to the property owner, but indicated that he can add more detail if the commission desires. Morcos questioned the definition of"structure". Grumbach explained that there should be consistency between the definitions in the zoning code and shoreline regulations. He noted that exceptions to standards should not be done through the definition of"structure", but rather they should be clearly spelled out as exceptions in the regulations. Steve Burnstead, also representing Medina Now, addressed his concerns regarding the impervious surface requirements in the setbacks, maintaining that there is no science that supports preventing patios and decks as an exception in the shoreline setbacks. His opinion was that property owners ought to be able to put their impervious surfaces anywhere on their property they choose. Discussion continued on setbacks and what types of structures should be allowed within the setbacks. Grumbach noted the problem in the zoning code with the lack of clearly spelled out setback exceptions and the need for this to be clarified because it currently causes inconsistent interpretations. Summe explained that the Washington Administrative Code (WAC) contains a definition of"structure" that is reflected in the draft document. She said it is important to determine what the appropriate limitations should be to balance out the impervious surfaces with vegetation and arrive at the best scenario. Grumbach continued by briefing the commissioners on the changes to the docks and piers requirements. He highlighted revisions to the language on measuring length and adding a diagram to make it clearer. He went on to say that the mitigation requirements for existing docks (except for some in-water structures) were removed, and a requirement for mitigation when increasing the size of a dock was added. Grumbach added that Klinge had provided some great recommendations that he would incorporate into the document. Colin Radford commented on the length of docks saying that the depth of the water should be considered in order to adequately accommodate boats. He added that he has an older dock over 100 feet long and that at low water they have only 5 '/2 feet of depth for their boat. Grumbach noted that many jurisdictions use water depth to determine the length of a dock. May stated that he is sensitive to the depth issue as well since sailboats have keels that require even more depth. He added that it is not a simple issue; however, he felt that docks of different lengths can create navigation issues so he would prefer uniformity in length. Burnstead stated that his main concern was that he would like to see more clarity on the subject of nonconforming docks. Grumbach agreed and added that he planned Planning Commission Minutes Page 3 September 28, 2011 ITEM CA-11 to insert a table to this section for clarity as there are four different categories of docks that need to be addressed. On the subject of shoreline stabilization, Grumbach stated that revisions were made to slightly shift the approach in order to find a better balance between reflecting the language in the WAC and creating some clarity. He said the revisions were intended to draw a clearer distinction between structural and nonstructural shoreline stabilization and soft versus hard elements. He noted that the City doesn't need to regulate nonstructural shoreline stabilization measures such as planting vegetation. Additionally, Grumbach commented that he had combined major and minor repairs and added a new threshold to distinguish between repair and replacement. He added that neither mitigation nor a geotechnical report would be required for repairs or replacement. He also noted an addition for replacement not found in the WAC when the replacement is done for the purpose of improving ecological functions. Burnstead also addressed the stabilization issue and stated that he would like to see the threshold for repair vs. replacement be at the 75% rather than 60% level. Price agreed that they should propose the 75% level with Ecology. Grumbach continued his summarization of the changes, noting that new sections were added on dredging and disposal, breakwaters, jetties, groins and weirs. He also discussed the new sections on "no net loss" and "mitigation sequencing". Regarding tree management and vegetation conservation, Grumbach stated that he had used Chapter 12.28 as the basis, but added new requirements for tree replacement and added language to allow dead trees to be removed without mitigation. Discussion followed on tree mitigation in and outside of the shoreline setback areas. Burnstead voiced his opinion that this area should focus on native trees rather than ornamental trees. He felt that retention of trees should not be more restrictive in the shoreline areas than in other areas of Medina. He said he hadn't had a chance to look carefully at this section but that he would be doing so. Grumbach addressed the section on critical areas and explained that the City is required to adopt critical areas regulations pertinent to the shoreline areas. The proposed shoreline critical areas regulations reflect those currently adopted. He also indicated that he is looking forward to getting more comments from Medina Now and would be making additional changes prior to the next meeting. He asked the commissioners what they would like to do next. Price voiced his preference that Grumbach first provide a summary for the public of the changes that had been made in the document. Grumbach agreed and said he planned to create a summary showing the differences between the draft shoreline master program and the existing regulations to help people understand the differences. Planning Commission Minutes Page 4 September 28, 2011 ITEM CA-11 Nunn stressed that it was important for the City to make every effort to contact all property owners, possibly by sending a postcard to the entire city. Grumbach responded that he was planning to do that to advertise the open house and would include a special letter to those property owners with property being newly designated with urban conservancy. May suggested that they needed to allow Medina Now more time to respond to the current document, that the tree issues were worth further discussion, and that there had not been sufficient opportunity thus far to digest the recently received comments from Medina Now. Price agreed and Morcos suggested that one more meeting should be held prior to holding a public hearing. Chair O'Brien summarized that the consensus was to hold a special joint meeting on October 17th with the Park Board on the subject of 84th Ave. N.E., following the open house; and a special meeting on October 26th in place of their regular meeting for further discussion on the shoreline plan. 2) Continued Discussion on Abandoned Homes. (6:18 PM) Following up on this issue, Grumbach briefed the commissioners that he had received a legal risk assessment from the attorney, but said it contained attorney/client privilege information and could not be released for public disclosure. He noted a summary of what could be said publicly was in a memo in their packet. It was noted that if the City were to take a public nuisance and abatement action, it would create a liability the City currently doesn't have and would likely incur costs that the City would not recover. Discussion ensued and Grumbach explained that the situation with the "hole"was very complicated because it was unclear about who actually owned the property. Grumbach reiterated that the option for a public nuisance and abatement action would not be supported by staff, but as time allowed he would continue to look into what the city can do regarding enforcement. ADJOURNMENT MOTION MAY/ SECOND MORCOS TO ADJOURN SEPTEMBER 28, 2011 PLANNING COMMISSION SPECIAL MEETING. APPROVED 7 -0 (8:01 PM) The next Planning Commission meeting will be a special meeting in lieu of the regular meeting to be held on Wednesday, October 26th, at 6:00 PM. Minutes taken by: Donna Goodman Development Services Coordinator Planning Commission Minutes Page 5 September 28, 2011 Medina City Council Regular Meeting ITEM CA-12 Monday, November 14, 2011 AGENDA BILL Sub'ect:Resolution to Ado$t NORCOM 2012 Annual Bud et Category: El Consent El Ordinance El Public Hearing El City Council Business El Resolution El Other—Discussion Prepared Mark Thomas, Police Chief Summary: The Northeast King County Regional Public Safety Communications Agency (NORCOM) is in the process of adopting its annual budget for 2012 before the City of Medina's 2012 budget has been adopted. Therefore, per the Interlocal agreement between the city of Medina and NORCOM, a resolution that approves the City of Medina's allocation of$57,209 for 2012 NORCOM dispatch services is needed. Attachments: none Budget/Fiscal Impact: 57,209 for dispatch services in calendar year 2012 Staff Recommendation: Reco mend approval. City Manager Approval: Move to approve the city of Medina's allocation of$57,209 for the North Proposed East King County Regional Public Safety Communications Agency Council Mofion: (NORCOM) budget as presented in the preliminary 2012 Budget ITEM CA-12 CITY OF MEDINA RESOLUTION NO. A RESOLUTION OF THE CITY OF MEDINA, WASHINGTON, APPROVING THE CITY OF MEDINA'S ALLOCATION FOR THE NORTH EAST KING COUNTY REGIONAL PUBLIC SAFETY COMMUNICATIONS AGENCY (NORCOM) BUDGET WHEREAS, the North East King County Regional Public Safety Communications Agency (NORCOM) was formed effective November 1, 2007; and WHEREAS, NORCOM is in the process of adopting its annual budget for 2012; and WHEREAS, the NORCOM Interlocal Agreement, to which the City is a party, requires that the City Council approve the City's allocation for NORCOM's budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. The City of Medina's allocation $57,209 for the North East King County Regional Public Safety Communications Agency (NORCOM) budget, as presented in the City of Medina 2012 Preliminary Budget, is hereby approved. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 14th DAY OF November, 2011. CITY OF MEDINA Mayor Bret Jordan ATTEST/AUTHENTICATED: Rachel Baker, City Clerk Approved as to form: Bruce L. Disend, City Attorney Medina City Council Regular Meeting ITEM PH-1/0B-1 Monday, November 14, 2011 AGENDA BILL Sub'ect: 2012 Pro•ert Tax Le Resolution Category: Consent Ordinance Public Hearing City Council Business ® Resolution Other—Discussion Prepared By: Nancy Adams, Finance Director Pursuant to RCW 84.55, the City is required to certify the estimated property tax to be levied by the King County Assessor's Office. City Council draft budget includes new construction, allowable one percent increase, based on the 2011 assessment, and allowable refunds. The total estimated levy based on King County Assessors estimates is $2,446,268. 2,397,782 2011 highest lawful levy 23,978 1% allowable increase 14,039 new construction 469 "refunds" per King County 10,000 possible increase in value in state-assessed property (estimate) 2,446,268 total recommended levy for 2011 Attachment(s): 1 2012 Property Tax Levy Resolution 2 King County Ordinance 2152 property tax levy form 3 Preliminary Levy Limit Worksheet Budget/Fiscal Impact: 2,446,268 estimated property tax revenues in 2012 Staff Recommendation: of public hearing and approve resolution City Manager Approval: Proposed I move approval of the resolution adopting the 2012 property tax levy for Council Motion: the City of Medina setting forth the estimated levy amount. ITEM OB-1 CITY OF MEDINA RESOLUTION NO. A RESOLUTION OF THE CITY OF MEDINA CERTIFYING TO THE GOVERNING AUTHORITY OF KING COUNTY THE ESTIMATES OF THE AMOUNT TO BE LEVIED ON THE ASSESSED VALUATION OF THE PROPERTY WHITHIN THE CITY FOR THE YEAR 2012. WHEREAS, the City Council of the City of Medina attest that the population of the City is less than ten thousand; and WHEREAS, the City Council has properly given notice of the public hearing held November 14, 2011 to consider the City's current expense budget for the 2012 calendar year, pursuant to RCW 84.55.120; and WHEREAS, the City Council, after hearing, and after duly considering all relevant evidence and testimony presented, has determined that the City of Medina requires a regular levy in the amount of $2,446,268, which includes a 1% increase in property tax revenue from the previous year, as well as amounts resulting from the addition of new construction and improvements to property, and any possible increase in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina that an increase in the regular property tax levy is hereby authorized for the 2012 levy in the amount of $20,719 which is a percentage increase of .86% from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 14th DAY OF NOVEMBER 2011 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 14th DAY OF NOVEMBER 2011. Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk By Ordinance 2152 of the Metropolitan King County Council, Taxing Districts are required annually to submit the following information regarding their tax levies for the ensuing year as part of a formal resolution of the Districts governing body. THE KING COUNTY ASSESSOR HAS NOTIFIED THE GOVERNING BODY OF city of med/i(t. THAT THE ASSESSED VALUATION OF PROPERTY LYING WITHIN THE BOUNDARIES OF SAID DISTRICT FOR THE ASSESSMENT YEAR 2011 IS: 441fl a 6$ REGULAR(STATUTORY) LEVY(AS APPLICABLE): EXPENSE FUND TEMP. LID NAME TEMP. LID NAME TEMP. LID NAME RESERVE FUND NON-VOTED G.O. BOND (Limited) OTHER(SPECIFY) EXCESS(VOTER APPROVED) LEVY: Please list authorized bond levies separately.) G.O. BONDS FUND LEVY G.O. BONDS FUND LEVY G.O. BONDS FUND LEVY SPECIAL LEVIES(INDICATE PURPOSE AND DATE OF ELECTION AT WHICH APPROVED): TOTAL TAXES REQUESTED: 07/44(.0y .2{o THE ABOVE IS A TRUE AND COMPLETE LISTING OF LEVIES FOR SAID DISTRICT FOR TAX YEAR 2012 AND THEY ARE WITHIN THE MAXIMUMS ESTABLISHED BY LAW. WaAAI 64, ka ` fl/9/WIt AUTflORIZED SIGNATURE) DATE) PRELIMINARY LEVY LIMIT WORKSHEET - 2012 Tax Roll TAXING DISTRICT: City of Medina Thefollowing determination ofyour regular levy limit for 2012 property taxes is provided by the King County Assessorpursuant to RCW 84.55.100. Annexed to Library District Note 1) Estimated Library rate: 0.50000 Using Limit Factor Using Implicit For District Calculation of Limit Factor Levy Price Deflator 2,397,782 Levy basis for calculation: (2011 Limit Factor) (Note 2) 2,397,782 1.0100 x Limit Factor 1.0276 2,421,760 Levy 2,463,841 13,266,528 Local new construction 13,266,528 0 Increase in utility value (Note 3) 0 13,266,528 Total new construction 13,266,528 1.05820 x Last year's regular levy rate 1.05820 14,039 New construction levy 14,039 2,435,799 Total Limit Factor Levy 2,477,880 Annexation Levy 0 Omitted assessment levy(Note 4) 0 2,435,799 Total Limit Factor Levy+ new lid lifts 2,477,880 2,275,763,331 Regular levy assessed value less annexations 2,275,763,331 1.07032 =Annexation rate (cannot exceed statutory maximum rate) 1.08881 0 x Annexation assessed value 0 0 Annexation Levy 0 Lid lifts, Refunds and Total 0 First year lid lifts 0 2,435,799 Limit Factor Levy 2,477,880 2,435,799 Total RCW 84.55 levy 2,477,880 469 Relevy for prior year refunds (Note 5) 469 2,436,268 Total RCW 84.55 levy+ refunds 2,478,349 Levy Correction: Year of Error or-) 2,436,268 ALLOWABLE LEVY (Note 6)2,478,349 I Increase Information (Note 7) 1.07053 Levy rate based on allowable levy 1.08902 2,401,041 Last year's ACTUAL regular levy 2,401,041 20,719 Dollar increase over last year other than N/C—Annex 62,800 0.86% Percent increase over last year other than N/C—Annex 2.62% Calculation of statutory levy Regular levy assessed value (Note 8) 2,275,763,331 x Maximum statutory rate 3.10000 Maximum statutory levy 7,054,866 Omitted assessments levy 0 Maximum statutory levy 7,054,866 Limit factor needed for statutory levy Not usable ALL YEARS SHOWN ON THIS FORM ARE THE YEARS IN WHICH THE TAX IS PAYABLE. Please read carefully the notes on the reverse side. 11/09/11 4:48 PM LevyLimitWS.doc Medina City Council Regular Meeting ITEM PH-210B-4 Monday, November 14, 2011 AGENDA BILL Subject: 2012 Final Budget Category: Consent i1 Ordinance Public Hearing City Council Business Resolution Other- Discussion Prepared By: Nancy Adams, Finance Director History and Background Information: June 13 Regular Meeting: Public Hearing to consider the 2012-2017 Six Year Capital Improvement and Transportation Plan. July 25 Study Session: 2011 and 2012 budget overview, 2012 Budget Calendar, and review of draft financial policies. August 8 Regular Meeting: Introductory Public Hearing for 2012 Budget Preparation. September 12 Regular Meeting: 2012 Preliminary balanced budget was presented to the public. September 26 Study Session: 2012 Preliminary balanced budget was reviewed in detail. Potential reductions and revenue options, detailed worksheet questions, 2011 forecast, and final financial policies were discussed. October 10 Regular Meeting: Council held a second public hearing on 2012 Budget. Current revenues meet or exceed current expenditures. The attached documents have been updated with the actual October 2011 revenues and expenditures. Key Points: 2012 General Fund Revenues exceed 2012 General Fund Expense in support of sustainable budgeting goals. The General Fund ending balance of $1,736,061 exceeds the minimum balance in the Financial Policy. The 2012 Budget includes Utility Tax and Franchise Fees at a rate of 3%. Real Estate Excise Tax of $200,000 will be used to fund Street Maintenance and Personnel in 2012. 2012 Capital Fund Revenue of $638K, plus Capital Fund Balance of $370K are available to fund CIP Projects and Phase II Camera installations. The City has maintained a$2,076,380 Reserve Fund, which will remain intact, with 0 transfers out for Fiscal Year 2012. Attachments: 1. 2012 Budget Ordinance 2. Comparative Summary by Fund (insert) 3. Budget Line Item Detail (insert) Budget/Fiscal Impact: NA Staff Recommendation: Hold Public Hearing and Adopt 2012 Budget Ordinance City Manager Approval:D-H- I move approval of Ordinance adopting the 2012 Budget for Proposed the City of Medina setting forth the summary of estimated revenues Council Motion: and expenditures for each fund and the 2012 salary schedule." ITEM OB-4 CITY OF MEDINA ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE CITY OF MEDINA, WASHINGTON, FOR THE YEAR 2012, AND SETTING FORTH IN SUMMARY FORM THE TOTALS OF ESTIMATED REVENUES AND EXPENDITURES FOR EACH SEPARATE FUND AND THE AGGREGATE TOTALS FOR ALL SUCH FUNDS COMBINED AND THE 2012 SALARY SCHEDULE. WHEREAS, State law requires the City to adopt a budget and provides procedures for the filing of a budget, deliberations, public hearings, and final fixing of the budget, and WHEREAS, a preliminary proposed budget for 2012 has been prepared and filed with the City Clerk, and WHEREAS, the City of Medina City Council held a public hearing on August 8, 2011 to gather input prior to starting the 2011 budget process, and another public hearing for the preliminary proposed budget on October 10, 2011 and two more public hearings on November 14, 2011 for the 2012 Property Tax Levy and the final 2012 proposed budget, and deliberated and considered the preliminary proposed budget, and WHEREAS, the preliminary proposed final budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City of Medina for the purposes and estimated expenditures set forth necessary to carry on the services and needs of the City of Medina for the calendar year 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. In accordance with the provisions of R.C.W. 35A.33.075, the budget of the City of Medina, WA, for the year 2012, is approved on the 14th day of November, 2011 after the notice of hearings and after the preliminary budget having been filed with the City Clerk as required by law. SECTION 2. Estimated resources for each separate fund of the City of Medina, and aggregate expenditures for all such funds for the year 2012 are set forth in a summary form below, and are hereby appropriated for expenditure at the fund level during the year 2012 as set forth in the 2012 Budget. Ordinance No. ITEM OB-4 General Street Tree Capital Capital Total Fund Fund Fund Projects Fund Reserve All Funds Beginning Fund Balance 1,684,302 $ 98,554 $ 16,804 $ 369,714 2,076,380 $4,245,754 Revenues 5,198,627 $ 168,891 $ 1,000 $ 806,285 0 $6,174,803 Transfers In 0 $ 290,000 $0 $ 0 0 $ 290,000 Total Resources 5,198,627 $ 458,891 $ 1,000 $ 806,285 0 $6,464,803 Expenditures 5,056,868 $ 444,700 $0 $ 849,285 0 $6,350,853 Transfers Out 90,000 $ 0 $0 $ 200,000 0 $ 290,000 Total Uses 5,146,868 $ 444,700 $0 $1,049,285 0 $6,640,853 Ending Fund Balance $1,736,061 $ 112,745 $ 17,804 $ 126,714 2,076,380 $4,069,704 SECTION 3. The 2011 Salary Schedule for authorized positions is attached as Attachment A. The 2012 salary ranges for city employees will be revised when the 2012 labor contract negotiations are finalized. SECTION 4. The City Clerk is directed to transmit a certified copy of the budget hereby adopted by reference to the Office of the Auditor of the State of Washington, Division of Municipal Corporation, and the Association of Washington Cities. THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE ON AND AFTER THE 1ST DAY OF JANUARY 2012. PASSED BY THE MEDINA CITY COUNCIL ON THE 14th DAY OF November 2011. Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend Rachel Baker, City Clerk Passed: Published: Eff Date: Ordinance No. ITEM OB-4 SUMMARY OF ORDINANCE NO. of the City of Medina, Washington On December 14, 2011 the City Council of the City of Medina, Washington, approved Ordinance No. the main points of which are summarized by its title as follows: AN ORDINANCE ADOPTING A BUDGET FOR THE CITY OF MEDINA, WASHINGTON, FOR THE YEAR 2012, AND SETTING FORTH IN SUMMARY FORM THE TOTALS OF ESTIMATED REVENUES AND EXPENDITURES FOR EACH SEPARATE FUND AND THE AGGREGATE TOTALS FOR ALL SUCH FUNDS COMBINED AND ADDRESSING THE 2012 SALARY SCHEDULE. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of November 14, 2011 Rachel Baker, City Clerk Ordinance No. ITEM OB-4 City of Medina Ordinance Number Attachment A 2011 Salary Schedule The 2012 salary ranges for city employees will be revised when the 2012 labor contract negotiations are finalized and approved by City Council. Exempt Employees: FTE Minimum Midpoint Maximum Building Official 1 6,011 6,763 7,514 City Clerk 1 5,107 5,746 6,384 City Manager 1 9,230 10,383 11,537 Dir of Development Services 1 6,926 7,791 8,657 Dir of Public Works 1 6,926 7,791 8,657 Finance Director 1 6,400 7,040 8,300 Police Chief 1 7,756 8,726 9,696 Police Lieutenant 1 6,867 7,726 8,584 Collective Bargaining Agreement between City of Medina and City of Medina Patrol Officers: FTE Step A Step B Step C Step D Patrol Officer A 4 4,982 5,275 5,568 5,862 Patrol Officer B 5,041 5,334 5,627 5,921 Patrol Officer C 1 5,157 5,451 5,744 6,037 Patrol Officer D 1 5,275 5,568 5,862 6,155 Police Sergeant A 1 5,871 6,190 6,517 6,851 Police Sergeant B 5,987 6,307 6,634 6,969 Public, Professional, and Office-Clerical Employees and Drivers Union, Local 763 Representing Public Works Employees): FTE Step A Step B Step C Step D Maintenance Worker 3 $4,186 4,381 4,657 4,906 Maintenance Supervisor 1 $5,147 5,433 5,724 6,030 Public, Professional, and Office-Clerical Employees and Drivers Union, Local 763 Representing Office-Clerical Employees): FTE Step A Step B Step C Step D Administrative Assistant 1 $ 4,229 4,409 4,659 4,915 Development Svcs Coordinator 1 $ 4,316 4,446 4,681 4,928 Information Systems Coordinator 1 $ 4,229 4,409 4,659 4,915 Police Administrative Specialist 1 $ 4,229 4,409 4,659 4,915 Police Records Manager 1 $ 4,226 4,475 4,723 4,979 Medina City Council Regular Meeting ITEM OB-2 Monday, November 14, 2011 AGENDA BILL Subject: Ordinance on 2012 Franchise Fees Category: Consent Ordinance C] Public Hearing City Council Business Resolution Other—Discussion Prepared By: Nancy Adams, Finance Director The City Council adopted Ordinance No. 860 establishing a franchise fee of three percent upon the gross revenues derived from cable and sewer services provided within the City of Medina. The ordinance included a provision that reduces the franchise fee to zero on January 31, 2012. The proposed 2012 budget contains a revenue assumption that includes franchise fees at the current three percent rate. To include this revenue assumption in the budget, an amendment to the City Code is required. It's worth noting that franchise fees are not taxes under state law. The City negotiates franchise fees usually as part of a franchise agreement and therefore the fees are imposed under the terms of the franchise agreement. For example, the franchise agreement with the City of Bellevue for water distribution and wastewater utilities includes a 3.5 percent franchise fee in lieu of any other tax, fee or charge Medina might otherwise impose on the City of Bellevue for utility operations, including permit fees. However, because the ordinance sets forth a three percent cap on the franchise fee, the terms of the agreement are considered modified to three percent rather than the 3.5 percent fee originally prescribed in the agreement. For this reason it is not recommended that the franchise fee be returned to zero in the future. A fee was negotiated as part of the franchise and was intended to offset charges for permits that the City might otherwise be able to impose. Attachment: Draft Ordinance Budget/Fiscal Impact: 74,128 Revenue Staff Recommendation:A ro City Manager Approval: otion to adopt an ordinance amending Section 5.06.020 of Proposed Council Motion: the Medina Municipal Code to repeal the limitation to change the three percent franchise fee to zero on January 31, 2012 ITEM OB-2 CITY OF MEDINA, WASHINGTON Ordinance No. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTION 5.06.020 OF THE MEDINA MUNICIPAL CODE RELATING TO FRANCHISE FEES WHEREAS, the City of Medina is classified as a non-charter code city under title 35A RCW; and WHEREAS, RCW 35.21.860 provides authority for franchise requirements and fees for cable television services as allowed by federal law; WHEREAS, Ordinance No. 860, adopted by the City Council on November 8, 2010, imposes a franchise fee of three percent upon gross revenues derived from cable and sewer services provided within the City of Medina; and WHEREAS, Ordinance No. 860 included a provision to reduce the three percent fee to zero on January 31, 2012; and WHEREAS, the City Council desires to amend the City Code relating to the limitation of reducing the franchise fee to zero on January 31, 2012; 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. Amendment of Section 5.06.020. Section 5.06.020 of the Medina Municipal Code is hereby amended to read as follows: A. All persons given a grant pursuant to a franchise, license, permit or other authorization to use and occupy the public rights-of-way to provide services, whether or not such services are provided to the general public, shall, in consideration for such grant and to the extent the City may lawfully require such persons to do so, pay franchise fees to the City in accordance with the terms and conditions of the applicable franchise agreement, license, permit or other authorization. B. Except as may be otherwise provided in the franchise, license, permit or other authorization, the obligation of such person to pay such franchise fees to the City shall survive the expiration, termination or revocation of the franchise, license, permit or other authorization and shall be in full force and effect until such time as a new franchise, license, permit or other authorization granting use and occupancy of the public rights-of-way becomes effective or such person removes its facilities, if any, from the public rights-of-way. C. Franchise fees imposed pursuant to this section that are imposed upon gross revenues derived from services provided within the city, shall not exceed a percentage of three percent of such gross revenues. Franchise fees imposed upon gross revenues derived from services provided within the city pursuant a franchise, license, permit or other authorization granted prior to the 1 of 2 ITEM OB-2 effective date of this section shall not be assessed or collected to the extent such franchise fees exceed three percent of such gross revenues. ((The three percent franchise fee limitation prescribed by this subsection shall be changed to zero on January 31, 2012.)) Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 3. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS DAY OF NOVEMBER, 2011 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF NOVEMBER, 2011. Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk 2 of 2 Medina City Council Regular Meeting ITEM OB-3 Monday, November 14, 2011 AGENDA BILL Subject: Ordinance on 2012 Utility Tax Rate Cate ory: Consent Ordinance El Public Hearingg City Council Business Resolution Other— Discussion Prepared By: Nancy Adams, Finance Director Chapter 5.04 of the Medina Municipal Code contains provisions for business and occupation taxes, which includes utility taxes that may be imposed upon the gross revenue derived from telephone and telegraph businesses, electric utilities, natural gas, sewer utility, solid waste and cable service operators. The proposed 2012 budget contains a revenue assumption that includes utility tax rates at the current three percent. To include this revenue assumption in the budget, an amendment to the City Code is required. Two options are available: Motion to adopt an ordinance amending Section 5.06.020 of the Medina Municipal Code to repeal the expiration date on the three percent utility tax rate, which sets the rate back to zero on January 31, 2012; OR Motion to adopt an ordinance amending Section 5.06.020 of the Medina Municipal Code to extend the three percent utility tax rate change from three percent to zero with a new expiration date of January 31, 2013. It is worth noting that state law requires that any utility rate increases must be given a minimum of 60 days before going into effect. Attachment: Draft Ordinance Budget/Fiscal Impact: 262,565 Revenue Staff Recommendation:Apyro e. City Manager Approval: Proposed Council Motion: S-- above ITEM OB-3 CITY OF MEDINA, WASHINGTON Ordinance No. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTION 5.04.030 OF THE MEDINA MUNICIPAL CODE RELATING TO UTILITY TAX RATES WHEREAS, the City of Medina is classified as a non-charter code city under title 35A RCW; and WHEREAS, RCW 35A.21.160 provides that a code city shall have all of the powers which any city of any class may have; and WHEREAS, RCW 35.22.280(32) authorizes any city of the first class "[t]o grant licenses for any lawful purpose, to fix by ordinance the amount to be paid therefore, and to provide for revoking the same . . . ."; and WHEREAS, the Washington Supreme Court in Fleetwood v. Read, 21 Wash. 547, 552-553 1899) and subsequent decisions has interpreted this language as authorizing licenses for revenue purposes as well as regulation; and WHEREAS, pursuant to the above authority, code cities are authorized to impose taxes upon gross revenues earned by utility and service providers within their jurisdictional boundaries, and WHEREAS, the City Council approved Ordinance No 861, on November 8, 2010, adopting a three ercent utility tax rate upon gross revenues derived from telephone and telegraph businesses,P Y electric utilities, natural gas, sewer utility, solid waste and cable service operators, which utility tax is codified at Chapter 5.04 of the Medina Municipal Code; and WHEREAS, Section 2 of Ordinance No. 861 reduced the three percent annual tax rate to zero on January 31, 2012; and WHEREAS, the City Council desires to amend the City Code relating to the limitation of reducing the annual tax rate to zero on January 31, 2012; and WHEREAS, state law provides at RCW 35.21.865 that a change in the rate of tax it imposes on the privilege of conducting an electrical energy, natural gas, or telephone business may take effect before the expiration of sixty days following the enactment of the ordinance establishing the change; 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). 1 of 3 ITEM OB-3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Amendment of Section 5.04.030. Section 5.04.030 of the Medina Municipal Code is hereby amended to read as follows: From and after 12.01 a.m. on January 8, 2011, there is levied upon and there shall be collected from every person engaged in carrying on the following business for hire or for sale of a commodity or a service within or partly within the corporate limits of the city the tax for the privilege of so doing business as hereinafter defined. A. Upon any telephone business there shall be levied a tax equal to three percent of the total gross subscriber station exchange revenues from business and residence telephone service excluding message units)from business in the city. B. Upon every person, firm or corporation engaged alone or in conjunction with another in the business of selling or leasing telephone or telegraph or related communication equipment at retail or to or for the public and thereafter installing, maintaining or repairing the same, a fee equal to three percent of the total gross income from such business in the city; provided further, that this fee or tax shall not be imposed on any business otherwise subject to fee or tax under this chapter nor on the business of selling or installing telephone or telegraph or related communication equipment to telephone or telegraph companies taxed under this chapter. C. There is levied a tax on the sale, delivery or distribution of electricity or electrical energy and for the privilege of carrying on said business, such tax to be equal to three percent of the total gross revenue derived from sales of such electricity to ultimate users within the city; provided, however, that there shall not be any tax levied for the installation charges of electrical units. D. There is levied a tax on the sale, delivery, distribution or furnishing of natural gas for domestic, business or industrial consumption and for the privilege of carrying on said business, such tax to be equal to three percent of the total gross income from such business in the city; provided, however, that there shall not be any tax levied for installation charges of gas energy units. E. There is levied a franchise fee on the business of the operation and sale of water and water service and for the privilege of carrying on said business, such franchise fee to be equal to zero percent of the total gross revenue derived from the sale of water within the city. F. There is levied a franchise fee on the business of the operation and sale of services for sewer utilities and for the privilege of carrying on said business, such franchise fee to be equal to zero percent of the total gross revenue derived from the sale of sewer services within the city. G. There is levied a tax on the business of solid waste collection, transportation, or disposal and for the privilege of carrying on said business, such tax to be equal to three percent of the total gross revenue derived from solid waste collection, transportation, or disposal within the city. H. There is levied upon and there shall be collected from every person engaged in the business of providing cable television service for a monetary consideration, within or partly within the corporate limits of the city, an annual tax for the privilege of so doing, such tax to be equal to three percent of the total gross income derived from subscribers' revenues from such cable television service provided in the city. Cable television services" means the one-way transmission of video programming and associated nonvideo signals to subscribers together with subscriber interaction, if any, which is provided in connection with video programming. The annual tax rate of three percent of the total gross income shall be reduced to zoro ort January 31, 2012.)) Section 2. Referendum authorized. A referendum petition to repeal this ordinance may be filed with the City Clerk within seven days of passage of this ordinance. Within ten days of such filing, the City Clerk shall confer with the petitioner concerning form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from 2 of 3 ITEM OB-3 the designated local official. The petitioner shall have thirty (30) days in which to secure the signatures of not less than fifteen (15) percent of the registered voters of the city, as of the last municipal general election, upon petition forms that contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election ballot within the city or at a special election ballot as provided pursuant to RCW 35.17.260(2). Except as otherwise provided herein, all provisions set forth at RCW 35.17.250 through RCW 35.17.360 that are applicable to the character and form for an initiative petition, to the examination and certification thereof, and to the submission to the vote of the people of the ordinance proposed thereby, shall apply to the referendum petition authorized herein and to this ordinance. 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 and contents. ENACTED BY THE CITY COUNCIL ON THIS DAY OF NOVEMBER, 2011 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF NOVEMBER, 2011. Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk 3 of 3 ITEM OB-4 Refer back to pages labeled PH-2/0B-4 for Budget Ordinance Adopting 2012 Annual Budget and 2012 Salary Schedule. Medina City Council Regular Meeting ITEM OB-5 Monday, November 14, 2011 AGENDA BILL Sub-ect: Authorize Desi•n for 84th Ave NE Improvement Pro-ect Cate o Consent Ordinance El Public Hearing9ry: City Council Business Resolution Other— Discussion Prepared By: Joe Willis,Sr., Director of Public Works In February of this year Council authorized joint participation (ILA) with Clyde Hill to consider improvements to 84th Ave NE (NE 12th Street to NE 24th Street). A grant from TIB for 462,000 derived from the State 3 cent added gas tax revenue was approved to resurface the existing roadway. Under terms of the Interlocal Agreement with Clyde Hill, the project design concepts and final design will be developed by KPG, Inc. Concept Visioning cost is $10,000 per City; design concepts and the final improvement project are subject to the review and approval by both City Councils; both Cities will pay one half of the matching dollar cost for design and construction of the project; construction must be completed in 2012. The Design Consultant, KPG, developed a visioning document and preliminary cost estimate that were reviewed by the Council on September 26th. The corridor concept is to place a 12 foot wide curbed median down the center of the existing street with an 11.5 feet wide traffic lane and 5 feet wide bicycle lane in each direction. This concept fits within the present asphalt surfaced street width, meets the intentions of the City's Comprehensive Plan and King County planning policies by improving local neighborhoods and landscapes, reduces the amount of impervious asphalt area, contributes to a sense of natural space rather than a wide expanse of asphalt. The proposed stately trees and median vegetation will improve air quality, provide a visual and noise barrier, and add aesthetic value that perpetuates the natural appearance of Medina's street right-of-ways. At the September study session, the Council requested that public input be solicited to assist them in their consideration of this corridor vision and the required funding to complete the improvements, and instructed staff to arrange it with the Park Board and Planning Commission. Invitations were sent to the Park Board and the Planning Commission and an open house was held on October 17th with 25 to 30 people attending. At the open house a number of questions were asked and concerns were expressed. The following is a summary of the questions with responses. 1. What will the cost of maintenance for a center median island planted with stately trees along the length of the corridor be? Estimated the annual maintenance cost for the new median is approximately $6,600 per year for mowing, irrigation system maintenance, fertilizing, and leaf removal. That amount split between the cities is $3,300/year. The reduced pavement widths will reduce future street overlay costs. 2. How will emergency vehicle get through the corridor with only one lane in each direction and what about the ability to pass a stalled vehicle? This can be addressed in the design, for example the installation of asphalt thickened edges along the outside of the bicycle lane that will be next to the traffic lane will allow a vehicle to encroach onto the grass shoulder area to clear the roadway. Medina City Council Regular Meeting ITEM OB-5 Monday, November 14, 2011 3. The present posted speed limit of 35 mph may be too fast for the narrower street. The present City code established the speed limit on 84th at 35 mph. It is not the current intention of Clyde Hill or Medina to lower the speed limit. If it is considered to be a problem, it '. can be changed by code amendment later after consideration by both City Councils. 4. Can U turn areas be provided along the corridor? The ability for cars to U turn along the corridor is not a desirable or safe function, but use of pull outs by public safety vehicles or maintenance vehicles might be beneficial. This can be addressed in the project design. 5. The 10 foot wide bicycle lanes will be narrowed to a 5 foot width. Is that adequate? The 5'wide bicycle lane width conforms to current WSDOT arterial street standards. 6. What stately trees are proposed to be planted? The stately trees that are planned for the median will be selected based upon their growth characteristics and the site environmental conditions so they will not damage the curbs, can survive in this location, will provide an adequate canopy. 7. The lack of street lighting on the west side of the roadway is a concern. When the trees in the median grow larger they may block the roadway lighting provided on the east side of the road. Street lights currently exist at each intersection and will be maintained. City policy has been to provide low level lighting at each intersection and not to provide lighting between intersections. No new formal pathways or sidewalks are contemplated for this project. The Park Board viewed the open house project display boards and received information about the scope of the project from the Public Works Director. After deliberation it was moved and seconded by Park Board members to recommend to Council that the project move forward to design of the roadway center median with stately trees. The vote on the motion was 4 to 2, motion passed. The Planning Commission discussed the project on October 26th and expressed concerns about the narrower lanes, costs, safety of the narrower roadway lanes and bicycle lanes, lack of street lighting on the west side of the roadway, and aesthetics. The Commission felt that more community input and public vetting should take place before making such an important decision. Since the project must be completed by the end of 2012, the design must begin in November of 2011 in order to call for bids in early 2012 and complete the construction in 2012. Timing is critical. It should be stated that receipt of grant funds for street restoration projects is rare and very competitive. Every small city is short of needed funds to restore their deteriorating streets. In this instance, Clyde Hill and Medina are fortunate to receive $462,000. The opportunity to not only restore the street, but to enhance it with a wide median, narrower traffic lanes with new surfacing, and informal street edge does not preclude future improvements along the Medina side of the right-of-way for future pathway(should that be desired)or future landscaping should funding be available. Medina City Council Regular Meeting ITEM OB-5 Monday, November 14, 2011 FUNDING SUMMARY: Funding to develop the vision ($20,000)will be split between Medina and Clyde Hill and paid in 2011. This element is not eli ible for grant reimbursement. Project preliminary cost estimate for the planted center median and new traffic lanes and bicycle lanes asphalt overlay is around $1 noiUion, with grant funding of $462,000 the cost to Medina including design costs will be approximately$275,000. NEXT STEPS: Per the interlocal agreement all concepts, plans, and bids for the project need to be agreed upon by both Councils before the p ject can proceed. Clyde Hill Council approved the vision at their September Council meeting and authorized the p ject to proceed to design with bidding scheduled in early 2012. Budget/Fiscal Impact: Estimated $275,000 Authorize PG to complete Phase I design and bid in early Staff Recommendation: 201 City Manager Approval: I m•ve • endorse the 84th Ave NE Corridor Vision andProposedCouncilMotion: authorize KPG toproceed with design for bid in early 2012." Medina City Council Regular Meeting ITEM OB-6 Monday, November 14, 2011 AGENDA BILL An Ordinance relating to requirements for submission of a building permit Sub-ect: a.plication Category:El Consent Ordinance El Public Hearing City Council Business Resolution Other— Discussion Prepared By: Robert J. Grumbach, Director of Development Services Chapter 2.52 of the Medina Municipal Code outlines submittal requirements for permit document including the stamping and signing of documents prepared by professionals. Washington state law requires persons practicing architecture to be licensed by the state. This includes pre-design services, schematic design, design development, and preparation and administration of construction contracts. However, Washington state law exempts the requirement for an architect to sign and stamp documents for residential construction up to four dwelling units. Building construction projects within Medina are frequently some of the most complex found in the region. Often the design complexity exceeds that of low-rise commercial buildings. This complexity requires various highly specialized professionals to be involved with the project, which may then be managed during design and construction by the project architect. With the change in the economy, the City has experienced an increase in the use of designers who are not licensed architects and who do not have the level of management expertise as a licensed architect. The lack of an architect's managerial involvement during design and construction has resulted in greater difficulties on these projects. The proposed ordinance would make it a requirement that construction documents normally prepared by an architect to be signed and stamped by a Washington state licensed architect in order to be accepted as part of a complete building permit application. Budget/Fiscal Impact: None Staff Recommendation: A..rove. City Mana er APIroval Motion to approve an Ordinance adding a new Section Proposed Council Motion: 20.80.085 to the Medina Municipal Code related to the submission of a building permit application ITEM OB-6 1 Ordinance No. 2 3 AN ORDINANCE OF THE CITY OF MEDINA, 4 WASHINGTON, ADDING A NEW SECTION 20.80.085 OF THE 5 MEDINA MUNICIPAL CODE RELATING TO REQUIREMENTS 6 FOR SUBMISSION OF A BUILDING PERMIT APPLICATION 7 8 WHEREAS, pursuant to RCW 19.27.095(2), the requirements for a fully complete9buildingpermitapplicationshallbedefinedbylocalordinance; and 10 11 WHEREAS, Section 20.80.080 of the Medina Municipal Code sets forth the minimum 12 submission requirements for project permit applications including building permit 13 applications; and 14 15 WHEREAS, Chapter 2.52 of the Medina Municipal Code requires documents 16 prepared, reviewed or submitted by a professional to be signed and stamped by an architect,17 landscape architect, surveyor, engineer, or other professional examined and licensed or 18 subject to licensing by the state; and 19 20 WHEREAS, larger single-family construction projects within the City are frequently21someofthemostcomplexofanyfoundinourregion; and 22 23 WHEREAS, the City wishes to establish a requirement that construction documents 24 on larger single-family construction projects shall be prepared by a licensed architect to25ensureintegrationandcollaborationbythevariousspecializedprofessionalswhotypically26areinvolvedwiththesecomplexprojects; and 27 28 WHEREAS, the adoption of an ordinance pertaining to procedures relating solely to29governmentalprocedures, and containing no substantive standards respecting use or 30 modification of the environment, is exempt from the State Environmental Policy Act (SEPA)31 pursuant to WAC 197-11-800(19); 32 33 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO 34 ORDAIN AS FOLLOWS: 35 36 Section 1. A new Section 20.80.085 of the Medina Municipal Code is hereby 37 adopted to read as follows: 38 39 20.80.085 Supplemental submission requirements for building permit applications. 40 41 In addition to the submittal requirements set forth in MMC 20.80.080, the following shall42applytoapplicationsforpermitsprescribedunderChapter20.40 MMC (Building Codes):43 A. Construction documents shall be prepared by a professional as set forth in Chapter 2.52 44 MMC; and 45 B. Where a person conducts the practice of architecture as defined in RCW 18.03.320, 46 construction documents submitted to the City shall be prepared by a licensed architect in 47 accordance to the requirements set forth in Chapter 18.08 RCW, except a licensed 48 architect shall also prepare construction documents for any single-family dwelling 4,000 49 square feet of gross floor area or greater. 50 51 1 of 2 ITEM OB-6 1 Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance 2 should be held to be invalid or unconstitutional by a court of competent jurisdiction, such 3 invalidity or unconstitutionality shall not affect the validity of any other section, sentence,4 clause, or phrase of this ordinance. 5 6 Section 3. Effective Date. This ordinance shall take effect five (5) days after its 7 publication or the publication of a summary of its intent or contents. 8 9 10 PASSED BY THE CITY COUNCIL ON THIS DAY OF 2011 AND SIGNED IN 11 AUTHENTICATION OF ITS PASSAGE ON THE DAY OF 2011. 12 13 14 15 16 Bret Jordan, Mayor Approved as to form: Attest: Bruce Disend, City Attorney Rachel Baker, City Clerk 17 2 of 2 ITEM OB-7 November 10, 2011 Attachments for Item OB-7, City Council Guidelines, were not available prior to agenda packet compilation and will be distributed during the council meeting. To review records or obtain copies after the November 14, 2011 City Council Meeting, please contact the City Clerk's Office, 425.233.6411, or view documents from the City's website http://medina.civicweb.net/Documents/DocumentList.aspx?ID=4273. Public documents distributed during council meetings are added to the online packet file during the week following the meeting. To receive an e-notice when supplemental council packet materials become available for viewing online, sign up for Medina E-Notice: https://public.Qovdeliverv.com/accounts/WAMED I NA/subscriber/new?. ITEM OB-8 of " MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduledfor 6:30 pm,unless noticed otherwise. r.;.,„z,,:_,.:,, ,,....,--- . .. .'-:%;,:,.:F;;ti IZ:.:°., 1 '';,;-.z...'''',.'2it:.:2V..:.-IA;f;Vk...V '.'.':l4i'''Y,NtrVaRft,QW'iz'W'--.,'=, X;131-Avi.4.*fWilitOtilgaili.0 Li--,1,-MV=2 liWiP-!;;:: 1-*Ialgt-rediVerz**,'"zr4' '''''''' Options to be considered 2/15. M.I.,;,,,N-W1,-'g,i.,,,,, y-if,4--,,,„ otionsMayor Hanson Approved. 0therBZir"ess'- 2011 Council Retreat and Meeting Schedule Completed.Mayor Other Business 2011 Draft Legislative Agenda Mayor Completed. Other Business 2011 Council Committee Assignments Other Business 2011 Regional Committee Assignments Other Business 2011 Planning Commission Work Plan Grumbach Amended work plan approved. Discussion.Direction to amend 2011 Other Business 2011 Budget Discussion Order No.3;City Hall Project Willis Hanson,Adams Approved.Other Business Consent Agenda ApprovalrfoovraBlid° sf: NE 1 Changenge 12 St&Lk WA Blvd ImproytProi Approved.Willis . Consent Agenda Approval of Snohomish Count Jail Contract Yurk°ski Approved. Consent Agenda Ordinance Adopting 2009 Energy Code Grumbach Adopted Ordinance No.870. Executive Session RCW 42.30.110(110) send Completed. Executive Session RCW 42.30.110(Mg) Disend Completed. 4,,,,7,..,,council.4.V;,:r'.,;:,?::;.im ; 5W:'1441 Executive; 7A- t Session RCW 4,2. S° 73" 7af, i70. 110 7 g( 1)f--,l: Z,:,-v•D4---, Aise' A- nd Completed.ompleted. ikitift r***30111T„,476„AAlitty ' 7'' ;, Executive Session RCW 42.30.110(11Q1 Kenyon Completed.„ 0, e-: N. ftaklAi,_.t.vt RiMltai'x: f, 4„,,4i'• f.m.,,,p,A.--VIThAf..4flini.MAtttraVV,Ri:itnt'''' 'k-:z':.Vi-vgz.'...,,..i:*-tt.rianl,:z.-Px-t,el,:z...-.*-,:n-mN. 7:i.,..r...,,,,zdia,, 71iii**0111S,..0:-Tm*,,,„„.,.-rn9, rvnoo,-F4 ,,!--;,,..,. -t .:7amkr-toa,-A,s*w:a'-':':'gt4:-,--,'': e:::--"setic:C-----h'--':;es--- Jack Whisner Completed.Presentation KingCoun . Adams MovedConsentAgenda2010FinancialYearEndReport March Consent Agenda ConsentAgenda Public Safety Testing Agreement Ynouurrkknosskkii Approved.yConsentAgendaJAGContractAmendment Consent Agenda Construction Manager Contract Amendment Willis Approved. Willis Approved.C'tyHall Architectural Services Agreement Approved. Consent Agenda I HansonARCH2011BudgetandWorkPlanConsentAgenda Hanson Receipt Acknowledged. Willis Approved. Consent Agenda Receipt of Part 150 Study Report Other Business 2011 Park Board WOrkplan___ 2011 Budget Amendment AdamsBusinesss Ordinance No.871 Adopted. Interlocal Agreement with City of Clyde Hill for 84 Ave NE Other Business Street Improvements Willis Approved. Other Business Consultantareement for SR 520 Project Willis Approved. Other Business Discussion ofSR 520 Public Access Options Fee Willis Completed. e Structure Hanson Approved.Other Business City AttormServicesAgree 12 Business NewsletterCommunication Costs Baker Completed. ii,vitteirintAi, - '17;:. -0-,;-:5t , '-,:s.,--,-0A-Vi70,3V.V4'14;,-5,NF'.;-=:;,,;'•l-,f*r,,,,..i. ..,-:,.N,A:,, ,, iik.a .',,Tri.,,,-r,, v.,7, 7i.r..75]4§14:;;o:AV'n,'4VZ6,%':'n-1.„1!..-.•'-7:,,-,.,5.7/7..ZWAfqiiiteiVilnitiz*Rant-,''.&,-**3''''''”" ------ ' c e domplte .Disend oom Executive Session RCW 42.30.110(1)(b) 41—.'jW- i,•54'i:*:* z:i—? ;1 :::: " 1iifirlti; i0ira44ftS' l .. g4i:; i,-w Presenter...-.M.rnitect'ti.eo, t* -iw Executive Session RCW 42.30.110(1)() Disend ompieted.., g,,,,,,4,,k, n- et:-- i-t',-a...,...;,- 0i,--,- tk 1, iel a, ITEM OB-8 4 m 7, 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 Amason Jackson Completed. Consent Agenda 2010 Financial Year End Report Adams Approved. Consent A enda Contract Award:NE 12 St&LkWA Blvd Improve.Pro'.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. Wireless Communications Facility Lease for Fairweather Other Business 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 ofAustin&Rohrbach Settlement Agreements Hanson Ratified. Consent Agenda Adoption of 2011 City Council Strateit Goals Hanson Adopted. Consent A enda 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. Authorized temporary use of f 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. T4,-1,„ gt.e-StigrO.fins*ItP41-7AW.44 ca z r x,.<s Executive Session RCW 42.30.110(1)(i) Completed. Open House State Route 520 Eastside Project Design&Project Updates WSDOT Completed. amt, 1.3; 4 .* 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 µ y Ap roved. Reports Fairweatherindependent Towers Public Process Grumbach Completed. Other Business Proposed 2011 Budget Amendment B Ordinance Adams Adopted Ordinance Number 872. ITEM OB-8 MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduledfor6:30pm,unless noticedotherwise. e - : f; a ^ '' t : om ; rte " a ' ti r ' g t - t'ia_ t t * ' Grumbach Compllted.Diaussion _ Zoning Code Ordinance Briefing 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 Com leted. VYVx t' 4- t - - i e=°a. n '' om 4.r-e .- - Washington Association of Sheriffs&Police Chiefs;Police Presentation Chief Recruitment Process Garry Anderson Completed.pleted. Recognition of Volunteer Service(Planning Commission, Presentation Goudy)Mayor Awarded. 1 Donations and volunteers needed. Reports Medina Days 2011 Update Hanson Go to www.medinadays.org Confirmation of Appointment to Civil Service Commission CouncilConsentAgendaPosition1 Confirmed Peter Jorgenson,Pos 1 Confirmation of Appointments to Planning Commission Confirmed Alex Morcos,Pos 2& Consent Agenda Positions 2,4 Council Peter May,Pos 4 Confirmed Susan Loren-Taylor,Pos Consent Agenda— Confirmation of Appointments to Park Board Positions 2,5 Council 2&Ross Mickel,Pos 5µ Consent Agenda Approval of Snohomish CountyJail Services Contract Yourkoski Contract approved. Approval of King County I-Net Services Contract Amendment Consent Agenda No.1 Yourkoski Contract approved. ! Resolution Authorizing Sale of 2,718 Square Feet of Consent Agenda Fairweather Park Willis Resolution No.348 approved. Authorization to Sign 2012-2014 CDBG and HOME Combined Consent Agenda Interlocal Agreement Hanson Authorization approved. Public Hearing_ Draft Six Year CIP/TIP(2012-2017) Willis Completed. Public Hearing/Other WSDOT/FWHA proposed de minimis Section 4(f) Public hearing held.Motion to table Business determination for Fairweather Park Willis matter until July 11. Public Hearing/Other Ordinance for Code Amendment Relating to Off-Site Public hearing held.Ordinance No. Business Accessory Buildings&Uses Grumbach 873 adopted Proposed Ordinance for Minimum Maintenance Standards for Other Business Vacant Residential and Abandoned Construction Sites Grumbach Adopted Ordinance No.874 Design Selection for Independent Towers'Wireless Approved design option five,light Other Business Communication Support Structure at Fairweather Park Grumbach pole. Executive Session RCW 42.30.110(1)(i) Completed. y b •r s. a 9 8 6! S $ vJ- d$. SF t rf -'°F F a S-za., ^` .'' *m ' s ,.i-,.: e' az, tee, E • k-,. Consent Agenda Adoption of Six-Year CIP/TIP and Resolution Willis Approved Resolution No.349 Consent Agenda Revised Contract for Professional Services,Wireless Consultant Grumbach Ap roved. Consent Agenda Amendment to Shoreline Consultant Contract -Grumbach Approved. Denied concurrencyrequest for de minimis impact on Fairweather Park Tabled item from 06/13:WSDOT/FWHA proposed de minimis for use as a temporary park&ride Consent Agenda Section 4(f)determination for Fairweather Park Willis lot. Authorized temporary use and temporary construction easement Other Business Temporary Construction Easement for Transit Path Willis agreement(s) Discussion City Entrance/Gateway/Lake Washington Boulevard Willis Completed Discussion 2012 Budget Discussion Adams Completed. Discussion Council Agenda/Public Comment Placement Council Completed. ITEM OB-8 A.at"4/. , MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetingsscheduledfor 6:30pm,unless noticedotherwise. r 4"-I '7 c 1 §#, a r'x", s we r ;.t.. 3 ri- a: x" ' i 'ti.*°`.. - y. Other Police Chief Final Candidate Meet and Greet Completed. __ __ _ Other City Hall Open House Completed. sY . 4.$ ti g7 s sal Zg,gA ` , . , r. AWO AO r Presentation City Hall Plaque Dedication Dave Clark Completed. Presentation Proclamation:St.Thomas School and Episcopal Church Mayor ___ Completed. Consent Agenda Proposed Ordinance Related to Petty Cash Adams Adopted Ordinance Number 875. Public Hearing Introductory Hearing for 2012 Annual Budget Preparation - Adams Completed. Other Business Points Loop Trail De Minimus Approval Willis Approved Agreement. Proposed Ordinance:Amending MMC 1.15 and 12.08 Related Other Business to Code Enforcement for Construction in Streets Grumbach Adopted Ordinance Number 876. RCW 42:3031- i, 42.330.110 g);and RCW.'. Executive Session 42.30.140(4)(a)(b) Disend Completed. Ty :` , 0J3 . j.. C 8 I *Sitt Ft f eF x `x 3 'Y` = ,-A e4 . 44..4*; c ." t 3 P ,F ep itit ittt tk_gmafega igs, a ? t Executive Session RCW 42.30.110(1)0 and RCW 42.30.110(1) Completed. Action Removal of Deputy Mayor Title from Council Member Whitney Approved. Action 0, Dissolution of Finance Committee.Approved. Request to Forward Resolution Censuring Council Member Action Whitneyto September 12 Agenda Approved. t ..m. F s, r rA g * a s R t 3' a t 3 t i + + s: r , ti f g„ ' o f t Executive Session RCW 42.30.110(i) Completed. ea. c-'.wtss a ` € s, d ' s xn z , r t r, ' - ~ W4, a 4 c<xp a ' ' t e t' g 4 -4 ; Other Business Recovery Month Proclamation Mayor Proclamation approved. Other Business 2012 Draft Preliminary Annual Bud:et Adams Discussion Held. Other Business- Resolution Censuring Council Member Whitney Mayor Resolution Failed,(vote 0-7). PdBrea ` a kz' "rS -=i ' , 01. g `•z "' `,` N _"'r .--"-3 k ..`°rs*, 5 .,,r;, 5.„i k y,.? r.r l y r z' ":s L tt _. w--...<_ .. .aa,,.,.z:r .-..r`a+,.'44, ...3;.r,.d;,,. a -„.,..., '-- .3.`-'ss_...__ ,.. r._,_s-t,,..,eh u&r.,z..;.'3 Discussion *2012 Draft Preliminary Annual Budget Adams Discussion Held. Discussion 84 Avenue Northeast Corridor Improvement Project Willis Discussion Held. s ` 1 0 e4 j- ' stm x 4 ) 4 4- g fir- f+ o v a 4S1 r 1 -a-043a , Presentation Eastside Pathways–Bill Henningsgaard B.Henningsgaard Completed. Staff Report Status of 84Avenue Northeast Traffic Circle Willis Completed. Consent Agenda Approval of City of Medina Financial Policies Adams Approved. Consent Agenda Approval of WSDOT GCA 6774,Bridge Landings Project Willis Approved. Public Hearing 2012 Draft Preliminary Annual Budget 0 Adams Completed. Other Business 2012 Draft Preliminary Annual Budget/Discussion Adams Completed. Executive Session RCW 42.30.11011)a&RCW 42.30.110(1)(g) Disend - Completed._ __ Discussion 84 Avenue Northeast Corridor Improvement Project Willis Completed. Discussion City Hall Project Report D.Clark Completed. Discussion Gateway Signage D.Clark Completed. Discussion Eastside Pathways Hanson Completed. Discussion City Council Guidelines Disend Completed. ITEM OB-8 kOm •+' MEDINA CITY COUNCIL 2011 AGENDA/ACTION CALENDAR Meetings scheduledfor 6:30pm,unless noticed otherwise. Other Community Meet and Greet,Police Chief Mark Thomas n/a gt a s , S 3 S 3 t a 4...§ t a'b,t'f' i -F`s„ a- t.W Presentation Swear in_Police ChiefThomas Baker Adoption ofOrdinance Amending 2011 Budget(Amendment Consent Agenda C) Adams/Hanson Approval of Revised Fee Schedule and Resolution Adopting Consent Agenda Fee Schedule Grumbach/Baker ._ Approval of Interlocal Agreement for Jail Services with King Consent Agenda County Thomas Approval of Interlocal Agreement for Fire Services with Consent Agenda Bellevue Hanson Consent Agenda Approval ofResolution Adopting GASB 54 Adams/Hanson Approval of Resolution Adopting NORCOM2012 Annual Consent Agenda Budget V Thomas Public Hearing 2012 Property Tax Levy Adams/Hanson Other Business Adoption of Property Tax Levy Resolution Adams/Hanson Public Hearing 2012 Annual Budget and Salary Schedule Adams/Hanson Adoption of 2012 Annual Budget,Annual Budget and Salary Other Business Schedule Ordinance Adams/Hanson Other Business Adoption of Ordinance Adopting 2012 Franchise Fees Adams/Hanson Other Business Ado.tion of Ordinance Adopting 2012 UtilityTaxes Adams/Hanson Authorize Design for 84 Avenue Northeast Improvement Other Business Project _ Willis Other Business — Introduction to Building Code Updates Wilcox/Grumbach Other Business City Council Guidelines Disend Executive Session RCW 42.30.110(1)(i)&RCW 42.30.110(1)(g) Disend Presentation Recognition of Outgoing City Council Members,Positions 2,4,&6 Presentation Incoming CityCouncil Member,Position 2,Oath of Office Baker Consent Agenda Receipt of Shoreline Master Plan Grumbach Consent Agenda Approval of Professional Services Agreements/Engineering Grumbach Other Business Planning Commission Work Plan Grumbach Other Business Park Board Work Plan Willis Other Business Bellevue Utility Contract Disend Other Business Ordinance Adopting Building Code_Updates Grumbach/Wilcox r Other Business Final Acceptance ofCity Hall Project _ Willis Executive Session RCW 42.30.110 MB&RCW 42.30:110 1)(g) Disend 4.1r CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 fi'? 425.233.6400(phone) 425.451.8197(fax) www.medina-wagov MEMORANDUM To: City Council From: Planning Commission Date: October 26, 2011 Subject: 84th Avenue N.E. Improvements The Planning Commission discussed the 84th Avenue N.E. improvements and unanimously wishes to express the following: The Planning Commission has great concerns about the project and believes the following should be addressed before deciding on the improvements: Function. 84th Avenue N.E. provides travel for a large amount of traffic and we are concerned that a median could adversely affect the roadway's function as an important access into and out of the community. Narrower lanes and limits on turning around are a cause for concern. Costs. How is the street improvement going to be paid for? While we understand this is an issue to be decided by the City Council, as residents, we are concerned on how additional funds will be raised during a time of tight budgets. Safety. While we understand the principle that narrower streets slow traffic down, drivers still go about 5 miles over the speed limit. With narrower lanes for vehicles, pedestrians and bicycles, we are concerned that speeds will be such as to create a safety problem. We are also concern because the road lacks streetlights on the west side. When the trees in the median grow enough, they will block the roadway lighting provided from the streetlights on the east side of the road. With narrower lanes for traffic, pedestrians and bicycles, plus the lack of street lighting on the west side, we are concerned a safety problem is being created where one currently does not exist. Aesthetics. This appears to be the primary purpose for the project. A new tree median will have a profound effect on the look and feel of the community. While this change in look could be good, more community input and public vetting should take place before making such an important decision. 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Q- 3 D Q N (D S N N. 0 7 m k 0) N O oN N a 5.0 n -. c v ONnO aR Q N 2012 Comparative Summary by Fund November 14,2011 iii,v1 2012 2012 2012 2008 2009 2010 2011 2011 Preliminary $DESCRIPTION Actual Actual Actual Budget Forecast Budget Change ChangeGENERALFUND BEGINNING FUND BALANCE $2,839,677 $3,163,000 $2,324,925 $ 1,535,673 $ 1,535,673 $ 1,684,302 $ 148,629 9.68%REVENUES 5,556,448 4,365,285 4,482,868 5,041,334 5,117,499 5,198,627 $ 157,293 3.12%OPERATING TRANSFERS-IN 200,000 200,000) -EXPENDITURES 4,533,125 4,593,360 4,725,358 4,920,371 4,723,869 5,056,868 136,497 2.77%OPERATING TRANSFERS-OUT 700,000 610,000 546,762 245,000 245,000 90,000 (155,000) -63.27%ENDING FUND BALANCE 3,163,000 $2,324,925 $1,535,673 $ 1,611,636 $ 1,684,302 $ 1,736,061 $ 124,426 7.72% STREET FUND BEGINNING FUND BALANCE $ 230,539 $ 79,639 $ 93,420 $ 131,255 $ 131,255 $ 98,554 $ (32,702) -24.91%REVENUES 67,544 139,285 64,330 133,000 131,107 168,891 $ 35,891 26.99%OPERATING TRANSFERS-IN 200,000 280,000 328,000 245,000 245,000 290,000 $ 45,000 18.37%EXPENDITURES 418,444 405,505 354,494 411,002 408,809 444,700 33,698 8.20%OPERATING TRANSFERS-OUT ENDING FUND BALANCE 79,639 $ 93,420 $ 131,255 $ 98,253 $ 98,554 $ 112,745 $ 14,491 14.75% TREE FUND BEGINNING FUND BALANCE $ 83,322 $ 16,932 $ 23,770 $ 24,674 $ 24,674 $ 16,804 $ (7,870) -31.90%REVENUES 39,678 9,700 1,082 1,000 1,000 1,000 $ -0.00%OPERATING TRANSFERS-IN EXPENDITURES 106,068 2,862 178 15,000 8,870 15,000) -100.00%OPERATING TRANSFERS-OUT ENDING FUND BALANCE 16,932 $ 23,770 $ 24,674 $ 10,674 $ 16,804 $ 17,804 $ 7,130 66.80% CAPITAL PROJECTS FUND BEGINNING FUND BALANCE $ 1,399,618 $1,488,808 $1,544,616 $ 1,561,783 $ 1,561,783 $ 369,714 $(1,192,068) -76.33%REVENUES 427,021 494,903 438,661 905,664 907,943 806,285 (99,379) -10.97%OPERATING TRANSFERS-IN 330,000 218,762 200,000 200,000 200,000) -100.00%EXPENDITURES 337,832 769,095 640,256 2,369,825 2,300,011 849,285 (1,520,540) -64.16%OPERATING TRANSFERS-OUT 200,000 200,000.00 - ENDING FUND BALANCE 1,488,807 $1,544,616 $1,561,783 $ 297,622 $ 369,714 $ 126,714 $ (170,907) -57.42% CAPITAL FUND RESERVE BEGINNING FUND BALANCE $ 1,776,380 $2,276,380 $2,276,380 $ 2,276,380 $ 2,276,380 $ 2,076,380 $ (133,334) -5.86%OPERATING TRANSFERS-IN $ 500,000 $ - $ - $ - $ - $ - $ -0.00%OPERATING TRANSFERS-OUT $ - $ - _ $ - $ 400,000 $ 200,000 $ - $ (400,000) 0.00%ENDING FUND BALANCE 4276,386 $2,276,380 $2,276,380 $ 1,876,380 $ 2,076,380 $ 2,076,380 $ -0.00% TOTAL ALL FUNDS BUDGET BEGINNING FUND BALANCE $6,329,536 $7,024,759 $6,263,111 $ 5,529,765 $ 5,529,765 $ 4,245,754 $(1,284,010) -23.22% REVENUES 6,090,691 5,009,173 4,986,940 6,080,998 6,157,549 6,174,803 93,805 1.54% OPERATING TRANSFERS-IN 700,000 610,000 546,762 645,000 445,000 290,000 (355,000) -55.04% EXPENDITURES 5,395,469 5,770,822 5,720,286 7,716,198 7,441,559 6,350,853 (1,365,344) -17.69%OPERATING TRANSFERS-OUT 700,000 610,000 546,762 645,000 445,000 290,000 (355,000) -55.04% ENDING FUND BALANCE 7,024,758 I $6,263,110 I $5,529,765 I $ 3,894,566 I $ 4,245,754 I $ 4,069,704 I $ 175,138 I 4.50% 11/14/2011 2012 Budget 11/14/2011 DRAFT 2008 2009 2010 2011 2011 2012 Actual Actual Actuals Budget Forecast Budget GENERAL FUND Beginning Fund Balance 2,839,677 3,163,000 2,324,925 1,535,673 1,535,673 1,684,302REVENUE Property and Sales Tax 3,873,690 3,413,988 3,312,387 3,470,864 3,586,976 3,623,914 Utility Tax&Franchise Fees 0 0 0 300,398 252,520 336,693Licenses&Permits 682,583 258,136 354,876 486,500 478,865 456,275 Intergovernmental 405,528 352,945 504,956 409,092 368,443 373,514 Charges for Goods/Services 12,625 8,678 11,755 206,000 238,925 234,100 Fines&Forefeitures 115,334 112,635 102,746 130,000 105,000 110,000 Miscellaneous Revenue 207,420 62,403 25,458 38,480 37,855 64,130 Proceeds From Sales of Capital Assets 0 0 0 0 48,915 0 Pass Through Non-Revenues 259,269 156,499 170,691 0 0 TOTAL GENERAL FUND REVENUE $ 5,556,448 $ 4,365,284 $ 4,482,868 $ 5,041,334 $ 5,117,499 $ 5,198,627 Operating Transfers In 0 0 0 200.000 $ EXPENDITURES Legislative 21,061 17,445 26,588 39,335 33,623 26,800 Municipal Court 105,816 108,151 106,250 106,500 80,000 101,500 Executive 190,957 181,359 181,858 182,725 183,285 185,317 Finance 177,599 206,956 274,158 270,185 262,500 277,090 Legal 123,040 103,399 115,490 130,000 134,991 160,000 Central Services 420,197 444,238 459,120 460,957 451,283 521,782 Police 1,694,066 1,832,353 1,758,976 1,896,104 1,719,584 1,986,951 Fire&Medical 631,334 667,309 711,636 719,999 719,999 706,369 Emergency Preparedness 102,445 95,881 92,344 78,100 77,852 79,500 Development Services 735,953 528,476 667,831 672,131 700,881 643,601 Recreational-Lifeguards 29,938 22,946 24,823 26,111 22,895 26,411 Parks 300,718 384,846 306,284 338,224 336,976 341,545 TOTAL GENERAL FUND EXPENDITURE: $ 4,533,125 $ 4,593,359 $ 4,725,358 $ 4,920,371 $ 4,723,869 $ 5,056,868 Operating Transfers Out 700,000 610,000 546,762 245,000 245,000 90,000 Ending Fund Balance 3,163,000 2,324,925 1,535,673 1,611,636 1,684,302 $ 1,736,061 STREET FUND Beginning Fund Balance 230,539 79,639 93,420 131,255 131,255 98,554 REVENUE Nat'l Pollution Discharge Elim 75,000 70,000 50,000 77,877 Motor Fuel Tax(Unrestricted) 67,544 64,285 64,330 63,000 62,107 62,014 WA DOT SR 520/Floating Bridge 19,000 29,000 TOTAL STREET FUND REVENUE 67,544 $ 139,285 $ 64,330 $ 133,000 $ 131,107 $ 168,891 Operating Transfers In 200,000 280,000 328,000 245,000 245,000 290,000 EXPENDITURES 418,444 $ 405,505 $ 354,494 $ 411,002 408,809 444,700 Ending Fund Balance 79,639 93,420 131,255 98,253 98,554 112,745 CAPITAL PROJECTS Beginning Fund Balance 1,399,618 1,488,807 1,544,616 1,561,783 1,561,783 369,715 FUND REVENUE incl Equip Repl) REET Tax 1 &2 414,736 475,353 416,824 788,580 886,252 620,000 Intergovernmental 12,285 19,550 21,837 117,084 21,331 186,285 Transportation:NE12th/LkWA Blvd 360 0 TOTAL CAPITAL REVENUE 427,021 $ 494,903 $ 438,661 $ 905,664 $ 907,943 $ 806,285 Operating Transfers In 330,000 218,762 200,000 200,000 EXPENDITURES 337,832 $ 769,095 $ 640,256 $ 2,369,825 2,300,011 849,285 Capital Fund Transfers Out 200,000 Ending Fund Balance 1,488,807 1,544,616 1,561,783 297,622 369,715 126,715 11/14/2011 I c. 0000000000000000000000000000000000000000000000 0 0 0 0 0 0 000000 0000000000000000000000, 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 000000 O O O D z !..300000000000000000000000000000O000000nOo0op00000000000000000000000000000000000000000000000000000ZA00000000000000000000000000000000000000 00 000000o O000 0 0 C 3 < Q00000Oo00WWwWWWWwwwwwwwwWWWWWWWj 0 0 0 0 0 W 000000 O O O 1 CDQ TwwwwwwwwwwwwwwwWwwww0NNNV00000AAAAAAAAWWNNNWWWWWWC 4 3NNN -. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (0 (0 + N N N N N m m WW (0 V 0 0 m m m N 0 0 w j O) O) 0 0 0 O)W W a m -. 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