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HomeMy WebLinkAbout01-09-2012 - Supplemental MaterialsOpen Public Meetings Act* The days of backroom decisions made in smoke -filled rooms are over. Today, the public demands that the decisions reached by their officials occur in meetings open to the public, thus providing an opportunity for those decisions to be scrutinized and for the officials who have made them to be held accountable for their actions. Basics Before 1971, this state had an "open meetings" law. It was ineffective, however, because it required only the "final" action of a council, board, or other body to be taken in public (such as the final vote on an ordinance, resolution, motion, or contract). The Open Public Meetings Act of 1971 (now chapter 42.30 RCW) made significant changes. Most importantly, it requires that all meetings of state and municipal governing bodies be open and public, with the exception of courts and the legislature. Open Public Meetings Act Purpose The declared purpose of the Act is to make all meetings of the governing bodies of public agencies, even informal sessions, open and accessible to the public, with only minor specific exceptions. Applications The Act applies to all meetings of, among others: 1. All multi -member governing bodies of state and local agencies, and their subagencies. RCW 42.30.020. a. "Subagency" means a board, commission, or similar entity created by or pursuant to state or local legislation, including planning commissions and others. RCW 42.30.020(1)(c).18 b. "Governing body" includes a committee of a council or other governing body "when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment." RCW 42.30.020.19 The act must be liberally construed to accomplish its purpose. RCW 42.30.910. *Information source: Municipal Research and Services Center Executive Sessions 1. Definition (as commonly understood): That portion of a meeting from which the public may be excluded. 2. Permissible When: a. To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price; b. To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property must be taken in a meeting open to the public; c. To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; d. To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or meeting open to the public must be conducted upon such complaint or charge; e. To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee.27 However, "[except when certain exempted labor negotiations are involved], discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public ...." Furthermore, the final action of hiring, setting the salary of an individual employee or class of employees, or discharging or f. To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public; g. To discuss with legal counsel representing the agency matters relating to: agency enforcement actions; or 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 parry, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. RCW 42.30.110(1). Potential litigation is defined as being matters protected under the attorney -client privilege and as either: specifically threatened; reasonably believed and may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or as litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely.to result in an adverse legal or financial consequence to the 2 agency. The mere presence of an attorney at a session does not in itself allow the meeting to be held as an executive session.28 3. Conduct of Executive Sessions: a. An executive (closed) session must be part of a regular or special meeting. RCW 42.30.110.29 b. Before convening an executive session, the presiding officer must publicly announce the purpose for excluding the public and the time when the executive session will conclude. The executive session may be extended by announcement of the presiding officer. RCW 42.30.120(2). c. Final adoption of an "ordinance, resolution, rule, regulation, order or directive" must be done in the "open" meeting. RCW 42.30.120. 4. Improper Disclosure of Information Learned in Executive Session: a. It is the clear intent of the provisions relating to executive sessions that information learned in executive session be treated as confidential. However, there is no specific sanction or penalty in the Open Public Meetings Act for disclosure of information learned in executive session. b. A more general provision is provided in RCW 42.23.070 prohibiting disclosure of confidential information learned by reason of the official position of a city officer. This general provision would seem to apply to information that is considered confidential and is obtained in executive sessions. Violations 1.Ordinances, rules, resolutions, regulations, orders, or directives adopted or secret bal- lots taken, in violation of the Act, are invalid. RCW 42.30.060. 2. A member of a governing body who knowingly participates in violating the Act is subject to a $100 civil penalty. RCW 42.30.120. 3. Mandamus or injunctive action may be brought to stop or prevent violations. RCW 42.17.130. 4. Any person may sue to recover the penalty or to stop or prevent violations. RCW 42.30.120-.130. 5. A person prevailing against an agency is entitled to be awarded all costs including reasonable attorneys' fees. However, if the court finds that the action was frivolous and advanced without reasonable cause, it may award to the agency reasonable expenses and attorneys" fees. RCW 42.30.120(2). 3 6. A knowing or intentional violation of the Act may provide a legal basis for recall of an elected member of a governing body, although recall is not a penalty under the Act. Eastside Pathways': Every Child a Success Our community wants for our children what every parent wants for his or her child — the opportunity to make the most of their life, limited only by their own ability and effort. This initiative commits to enabling every child to approach adulthood ready to thrive in college, in career, in life. The measure of the health in the community is the success of its youth. Why Bellevue? Bellevue is a city in transition. Our community is ethnically diverse with 84 languages spoken in our schools and 35% of students whose first language is not English. Bellevue is also home to many low- income families. The Bellevue School District has six elementary and two middle schools that receive federal Title I dollars, as well as two elementary and two high schools that receive Learning Assistance Program dollars. While our schools are serving our higher income students well, we do not do any better with lower income students than other cities. Failing any student is not acceptable. We need to put in place the programs and systems to support all children in our community so they all have the hope of a post -secondary school credential that has real labor market impact. Why is this important? • Because every life limited by circumstance is a tragedy. Zip code or family background should not define the limits of one's potential. • By 2018, 67% of jobs in Washington will require postsecondary education. • Because our economy and our community depend on an employable and engaged citizenry. • Because the changes that face our schools and our region — demographic and financial — require that we mobilize to retain and build upon the high -quality community we enjoy and value. What will we do? • We will engage and connect all of those in our community who contribute to the successful upbringing of our children. • Together, we will identify goals and track metrics that define progress toward those goals. • Together, we will identify research -based strategies, programs and approaches that are critical to success and build specific and coordinated plans to implement them. • Together, we will celebrate our successes and focus on areas needing improvement. Who's involved? Ultimately, this effort will include the school district, city, colleges, social service agencies, parent groups, health organizations, early learning and family support groups, funders, and other community organizations. Partner organizations will: • Endorse the vision of this initiative. • Actively participate in the planning process. • Embrace their role in the effort. • Promote Eastside Pathways to their constituencies. What is the timeline? April, 2011 approach "anchor" organizations June 1, 2011 go / no go decision June — August, 2011 preliminary planning September, 2011 community -wide launch For more information: Bell-cci@hotmail.com Donna Hanson To: City Council Mail Subject: Eastside Pathways The following information was provided to Council in November and 1 was asked to provided it again in advance of Monday's meeting. Bill Henningsgaard will be present to introduce himself and his request for Eastside Pathways. 1 will provide a sample motion at the meeting if you wish to take action as the result of his request. In April 2011, a Core Team was formed. Members of the Core Team included the original community volunteers, as well as representatives from the Bellevue School District, Bellevue Schools Foundation, and City of Bellevue. Currently the Core Team is comprised of the following individuals: • Judy Buckmaster, Exec. Director of Student Services, Bellevue School District • Patrick Foran, Parks Department Director, City of Bellevue • Bill Henningsgaard, Community Volunteer • Janet Levinger, on the board of directors of United Way of King County, Social Venture Partners, League of Education Voters, Bellevue Schools Foundation, and Eastside Preparatory School and serves on the Thrive by Five Washington Communications and Development Committees. • Tracy Maury, Community Volunteer past experience includes teacher, Consulting Peer Educator, Curriculum Specialist, Principal, and Director at Bellevue School District • Linda Mui, Community Volunteer PTSA Council president • Roxanne Shepherd, Bellevue Schools Foundation • John Stokes, Community Volunteer running for Bellevue City Council and is currently ahead by 150 votes. • Susan Sullivan, Community Volunteer • Maria Valdesuso, Community Volunteer Clyde Hill resident Leadership of Eastside Pathways has evolved to also include an Extended Leadership Team. Members of the Extended Leadership Team are volunteers who are leading project work. These individuals are: • Stephanie Charrington, Community Volunteer, Facilitator for Phase 2 • Chris Enslein, Community Volunteer, Facilitator for Phase 2 • Greg Feiges, Community Volunteer, Co -Project Leader for Data Systems • Rosalie Gann, Community Volunteer, Project Leader for Prenatal to Grade 3 Workgroup • Cathy Habib, Community Volunteer, Facilitator for Phase 2 • David Habib, Community Volunteer, Co -Project Leader for Data Systems • Joanne Hall, Community Volunteer, Facilitator for Phase 2 • Jim McGinley, Community Volunteer, Facilitator for Phase 2 • LeAnne Moss, Community Volunteer, Project Leader for Grade 4 to College/Career/Life Workgroup • Monika Steen, Community Volunteer, Facilitator for Phase 2 Eastside Pathways partners include: 0 Bellevue Boys and Girls Club • Bellevue College • Bellevue Education Foundation • Bellevue Parent Teacher Student Association • Bellevue School District • Bellevue Schools Foundation • Childcare Resources • City of Bellevue • College Success Foundation • Friends of Youth • Healthy Start • Jubilee Reach • KidsQuest • Kindering • King County Housing Authority • King County Public Library • League of Education Voters • LifeSpring • SOAR • University of Washington - Bothell • Youth Eastside Services Donna Hanson City Manager City of Medina (425)233-6400 NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account maybe a public record. Accordingly, this e-+noii, in whole or in port, maybe subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by on external party. SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOXI Visit www.medina-wa.gov and click on E-Notice Program. 6 A4'11� R I MILLER.. December 16, 2011 Joe Willis, Public Works Director City of Medina 501 Evergreen Point Road Medina, Washington 98039 Subject: Public / Private Agreement Request for Wall Construction Dear Joe: I am writing this letter to formally request a public private agreement to construct a soldier pile retaining wall within the right of way of NE 181h Street adjacent to tax parcel 400050-0010, which is owned by Watermark Estate Management Services LLC. The proposed site is completely within the right of way boundary and is located between an undeveloped parcel (owned by Watermark) and the paved section of NE 181h Street. The site is very steep and is showing visible signs of slope failure. A recent geologic assessment of the slope by Associated Earth Sciences Inc. stated that "it is our opinion that the landslide risk is currently high". Following our meeting on Thursday December 15, 2011 it is clear that both parties will benefit from the construction of a soldier pile wall at this location as it provides a long term solution to a potential liability. Background When Watermark representatives first noticed visible signs of slope failure at the site, R I Miller was brought in to provide a temporary solution while developing a permanent solution. The temporary solution was executed by placing several large concrete ecology blocks in front of the failing slope section. These blocks are still in place but do not provide a satisfactory long term solution to the landslide hazard. RIMiller, working under the direction of Watermark, then pulled together a team of geologists, civil engineers, and structural engineers to design a long term solution for the hillside. The result was a design for a soldier pile wall that was submitted to the city of Medina for building and grading permits on July 31", 2011 (Permit No. G-3040). R I Miller received comments back from the city of Medina on August 31" 2011 and comment number one stated the following. "The proposed soldier pile wall piles are to be located adjacent to an existing water main. The water main is a public water main maintained by the city of Bellevue. Submit the drawings to the city of Bellevue Water Utilities Department for review and comment and incorporate their comments into the design." As requested by the comment, R I Miller did in fact submit the permit package to the city of Bellevue Utilities Department for review and comment (Permit # 11-124998). The response from the city of Bellevue is as follows. "Water Maintenance, Utility Design and Development have reviewed the plans submitted under DC application 11-124998 and concluded the existing 6" AC water main needs to be moved/relocated prior to construction of the soldier pile wall. This can be accomplished in 1 of 2 ways as noted below: 146 Third Ave. South I Edmonds, WA 98020 1 T: 425.775.3822 1 F: 425.977.4898 1 www.rmillerinc.com 1. If the soldier pile wall is a City of Medina Public Works project then the City of Bellevue will pay for design and construction costs to relocate the water main. 2. If the solder pile wall is constructed by anyone other than the City of Medina (i.e. private developer), then the private developer is responsible for all costs associated with relocating the water main. The work would be performed under a Utility Developer Extension Agreement (UE). The developer pays for all (City of Bellevue) design review and construction inspection costs under the permit. Further, the UE permit carries with it additional requirements such as a performance bond, certificate of insurance and water bill of sale (a complete list of preconstruction requirements can be found inside the front cover of the UE document http://www.bellevuewa.gov/application_packets.htm)." It is my opinion that the costs of design, permit fees, insurance, and construction for relocating the water line will be in the $60,000 — $100,000 range and has placed an unreasonable burden upon this project. This burden has created a response where my client, Watermark, is strongly considering not constructing the wall. Although, it is with good faith and the desire to mitigate a potential liability that I am writing this letter to request a joint venture between the city of Medina and Watermark. As we see it, the city of Medina is also at risk if a landslide does occur, and therefore the city directly benefits from the construction of the proposed wall. Watermark is ready and willing to negotiate a potential funding agreement where the city of Medina constructs the wall using funds provided by Watermark. This solution, if successful, will eliminate the unreasonable burden of the water line relocation costs while still achieving the goal of mitigating the landslide risk. It is my hope that we can continue this discussion and that an agreement can be reached. In closing, I thank you for your consideration of this request. Please feel free to contact me at (206) 883- 7243 or via email at david@rmillerinc.com with any questions or concerns. Respectfully Submitted, a���z David C. Hilgers Project Manager R I Miller Inc. N wt Ir 2�4 v-t 07 CITY COUNCIL MEETING PUBLIC COMMENT SIGN IN SHEET Public comment is encouraged and appreciated. With the exception of public hearings, this is the only opportunity for the public to address the City Council on agenda items or any other city related business. 1n order to accomplish all business on the agenda and be respectful of everyone's time, council members will not be able to engage in dialogue with individual members of the audience and no immediate action will be taken on any public comment issue. Complete the following information and submit to the City Clerk prior to the meeting. When your name is called, proceed to the podium and state your name and address. Please limit your comments to 3 minutes. PLEASE PRINT LEGIBLY Name: Address: �.5^/ /0 X a� /tl Phone: 0z-16 f / 1. Public comments sign in sheet must be completed before speaking. 2. Public comment limited to three minutes per speaker. 3. No speaker may convey or donate his or her time to another speaker. 4. Comments shall be courteous and respectful at all times. 5. No person may use public comment for the purpose of campaign or advertisement. 6. This is not a question and answer time and council can not engage in conversation with the public. Questions and concerns about operations should be addressed with city staff during regular business hours. 8. The presiding officer has the responsibility for enforcing these rules and may change the order of speakers so that testimony is heard in the most logical groupings. ffI WISH TO SPEAK to the City Council on the following agenda item and/or issue: IN LIEU OF SPEAKING 1 request the City Clerk to include my written comments into the public record. Signature Required: Date:%�- By signing, I acknowledge public comment period rules. Pursuant to RCW 42.56, this document is considered a public record. Disclosure may be required upon request.