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HomeMy WebLinkAbout10-14-2013 - Agenda Packet0 of MEO4 MEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING AGENDA 14sHINGO% Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina MONDAY, OCTOBER 14, 2013 5:30 PM MAYOR INTERIM CITY MANAGER MICHAEL LUIS ROBERT GRUMBACH DEPUTY MAYOR CITY ATTORNEY KATIE PHELPS KARI SAND COUNCIL MEMBERS DEPUTY CITY CLERK PATRICK BOYD AIMEE KELLERMAN JAY DECKER DOUG DICHARRY DAVID LEE JANIE LEE SPECIAL MEETING 5:30 PM EXECUTIVE SESSION ES-1: 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. REGULAR MEETING 6:30 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA PUBLIC COMMENT PERIOD At this time, citizens may address the City Council regarding any issue related to city business, excluding public hearings. To ensure equal opportunity for the public to comment, a speaker's comments shall be limited to three minutes per person, per meeting. Those who have service requests or complaints are encouraged to first bring such matters to the city manager for prompt attention and resolution. Council meetings are business meetings where City Council may hear from residents and take action on official City business. In order to accomplish all the business on the agenda and be respectful of everyone's time, Council Members will not be able to engage in dialogue with individual members of the audience. Medina City Hall 1 501 Evergreen Point Road I PO Box 144 I Medina, WA 98039 425-233-6400 I www.medina-wa.qov REPORTS AND ANNOUNCEMENTS RA-1: Mayor RA-2: Council RA-3: Advisory Boards/Commissions/Committees RA-4: City Manager, Staff a) Flight Track Update CONSENT AGENDA These items will be acted upon as a whole unless called upon by a council member. CA-1: Approval of September 9, 2013 City Council Special and Regular Meeting Minutes CA-2: Approval of September 23, 2013 City Council Special Meeting Minutes CA-3: Approval of September, 2013 Check Register CA-4: Receipt of Approved August 27, 2013 Planning Commission Meeting Minutes CA-5: Receipt of Approved July 15, 2013 Park Board Meeting Minutes CA-6: Resolution Approving Interlocal Agreement with the Association of Washington Cities Employee Benefit Trust CA-7 Approval authorizing Mayor to sign letter of support for work to be done under GMA Grant PUBLIC HEARING PH-1 PH-1: 2014 Utility Tax Ordinance PH-2: 2014 Preliminary Budget OTHER BUSINESS OB-1: Sound Cities Association Presentation OB-2 Adoption of 2014 Utility Tax Ordinance OB-3: 2014 Preliminary Budget Discussion OB-4: City Council Agenda Calendar PUBLIC COMMENT Comment period limited to ten minutes. Speaker comments limited to one minute per person. ADJOURNMENT Next Regular Meeting: Lit: , November 12, 2013 GET CONNECTED! STAY INFORMED! Sign Up for Medina E-Notices: www.medina-wa.gov Medina City Council October 14, 2013 Page 2 of 2 c> y of ME0, ITEM RA-4 CITY OF MEDINA 4aMNG-0 Office of the City Manager Date October 14, 2013 To: Mayor and City Council From: Robert J. Grumbach, Interim City Manager Subject: City Manager Report 1. We said goodbye to Rachel and Mark on September 20 as this was their last working day with the City. Lt. Dan Yourkoski is appointed as the Acting Police Chief until a new chief is hired. The city clerk position is vacant at this time, but interviewing of candidates has begun. 2. We also welcome Aimee Kellerman to the City. Aimee was hired to fill the vacant administrative assistant/deputy city clerk position previously held by Pam. She previously was a deputy city clerk for the City of Rancho Cordova, CA. 3. The search for the next city manager produced 104 applicants. Colin Baenziger & Associates is conducting a screening process to narrow the list down to 8 — 10 semifinalists who will then have background checks done before they are presented to the City Council. An executive session is tentatively scheduled for Monday, October 28 to discuss the candidates' qualifications. 4. Resident Jim Clark attended the September 24 Planning Commission meeting to raise concerns again about a boardinghouse he believes is in his neighborhood. He also stopped in at City Hall to provide additional information. The concerns about boardinghouses has also come up in Bellevue. (See attachment) Bellevue talked to the City of Auburn as residents near Green River Community College have also reported that same problem of some single-family residential property owners renting bedrooms to individual tenants. Auburn has in place a comprehensive regulatory scheme of licensing and inspections of all rental housing to address this issue. Bellevue staff noted that if Bellevue were to implement a rental housing licensing program it would constitute a new city program that would require additional staff and ongoing resources to implement. I have a call into the City of Bellevue to find out more. 5. Similar to the concerns about boarding houses, the City was contacted by resident Greg Smith about concerns with transit riders using 10th Street N.E. as a park and ride. This concern has been raised before by residents near the SR 520 Evergreen Point Transit Station. The City Manager has authority to designate areas for permit parking only or for restricted parking. However, similar to the boarding houses, implementing a permit parking program or a restricted parking program would constitute a new city program that would require additional staff and ongoing resources to implement. 6. I have nothing new to report on the situation involving the newly paved Medina Beach Park overflow parking area on Evergreen Point Road between the Green Store and City Hall. The residents are patiently waiting on the City to follow-up. This follow-up has unfortunately ITEM RA-4 been delayed due to recent staffing turnover. City staff remains committed to following-up with the residents on ideas to soften the look and feel of the parking area as time allows. 7. The City received good news recently when Judge Susan Craighead granted the City's application for writ of review and modified the Civil Service's order by removing the portion of the remedy entitling Mr. Skinner to back pay and benefits. 8. Please see Public Works Director's report for the efforts on resolving the channelization of 84th Ave N.E. from 24th Street N.E. to Points Drive. Please note that November 11 is Veterans Day and City Hall is closed. We have tentatively rescheduled the city council meeting for Tuesday, November 12. ITEM RA-4 - ATTACHEMENT 1 Item No. 3(c) September 23, 2013 CITY COUNCIL STUDY SESSION ITEM SUBJECT Adoption of Emergency Ordinance No. (o I 243 to amend the Land Use Code to provide necessary clarification regarding individual room rentals in single family homes. FISCAL IMPACTS Council is considering changes to the Land Use Code to address an emerging housing pattern of single room rentals in neighborhoods around Bellevue College. To date, existing staff capacity has been sufficient to address complaints that unrelated tenants exceed the maximum allowable number of unrelated individuals. Following adoption of an emergency ordinance to strengthen available enforcement tools, it is possible that an up- tick in room rental complaints will occur. Code compliance is a General Fund-supported function. Responses to complaints will be monitored following adoption of the emergency ordinance. If code enforcement demand created by new complaints exceeds staff capacity, timelines may increase. The need for increased staffing levels would then be evaluated and additional resources sought if necessary during the 2015-16 Budget process. STAFF CONTACT Mike Brennan, Department Director, 452-4113 Carol Helland, Land Use Director, 452-2724 Development Services Department Lori Riordan, City Attorney, 452-7220 City Attorney's Office POLICY ISSUES Residents of Spiritwood have contacted Councilmembers and staff to raise concerns about investors renting individual rooms in single family homes. The model seems to be most prevalent in the neighborhoods surrounding Bellevue College, where landlords are advertising on the Internet to attract student tenants. Existing City Code does not provide the tools necessary to address this emerging business model. One solution offered by residents to address their concerns is for the City to treat this rental practice as a boarding home business and to regulate the activity as a home occupation. However, boarding homes are classified as a form of transient lodging that is provided for periods of less than 30 days. This is not the activity that is occurring in Spiritwood, where investors are offering individual room rentals on a month-to-month basis in single family homes. The activity occurring in Spiritwood is not effectively regulated by the code or enforced based on past practice, and Council has directed staff to take both immediate and long-term steps to address the impacts associated with this emerging business practice. The policy question before the Council is whether an Emergency Ordinance should be adopted to: 3-81 ITEM RA-4 -ATTACHEMENT 1 1. Amend the definition of"Family"to allow up to four unrelated individuals to reside in a single dwelling unit, and to provide criteria that describe the circumstances required for more than four unrelated individuals to constitute the "functional equivalent of a family"that is allowed to occupy a single dwelling unit; and, 2. Clarify that boarding home rentals can be either transient in nature (less than 30 days)or longer term (month to month). The Emergency Ordinance includes modest additional amendments to respond to Council feedback and to ensure internal code consistency and clarity, and provides for a grace period until July 2014 before enforcement of the ordinance would commence. Following adoption of any amendment to the Land Use Code, the East Bellevue Community Council (EBCC) is required to take approval/disapproval action on the ordinance for it to be effective within the community council jurisdiction. Spiritwood is located within the jurisdiction of the EBCC, so action by the Community Council is being planned to occur quickly so that the ordinance can go into effect as soon as possible. DIRECTION NEEDED FROM COUNCIL X Action X Discussion Information BACKGROUND/ANALYSIS Council Direction from September 9 Study Session On September 9, 2013, the City Council directed staff to bring forward a draft emergency ordinance within two weeks to address concerns raised by Spiritwood residents regarding the rental of individual rooms in single family homes to unrelated individuals. In addition, Council posed a series of questions regarding experiences of other cities and applicability and enforcement of the proposed ordinance. This memorandum answers questions posed, responds to feedback received from the City Council, and transmits a revised Draft Emergency Ordinance for Council information, discussion, and action. If Council concludes that adoption of the Draft Emergency Ordinance is warranted, a public hearing will be scheduled to occur within 60 days of the passage of the emergency ordinance, and Planning Commission work will be initiated to develop permanent regulations. Response to Council Questions from September 9 In order to ensure that unintended consequences were not created as a result of amending the Land Use Code too hastily, Council scheduled consideration of the draft emergency ordinance for September 23, 2013. Council asked staff several additional questions on the draft emergency ordinance that are addressed in further detail below. 3-82 ITEM RA-4 - ATTACHEMENT 1 Experience of Other Cities: Residents of Spiritwood proposed to Council that it consider adopting an ordinance similar to one recently enacted by the Auburn City Council in response to similar issues with single-family housing being rented on a room-by-room basis. Councilmembers expressed interest in learning more about the Auburn experience. Staff examined Auburn's regulatory approach and spoke with staff there to gather additional information for Council. Similar to the Spiritwood experience, Aubum's residents in single-family neighborhoods adjacent to Green River Community College also reported that some property owners were converting garages into bedrooms and renting bedrooms to individual tenants on separate leases. Residents there expressed concerns about increased traffic, lack of parking, and failure to keep lawns mowed. Auburn has a comprehensive regulatory scheme of licensing and inspecting all rental housing. Auburn's approach to this issue was, therefore, to amend its code provisions defining this type of land use rental pattern; reducing the number of unrelated persons permitted to live together to from six to four and adding single-room rental housing to those types of housing requiring a license and annual inspections. Because Bellevue does not have a rental housing licensing program, we have not recommended that Council adopt this approach. A rental housing'licensing program would constitute a new city program that would require additional staff and ongoing resources to implement. Auburn's recently adopted ordinance also clarified that the International Building Code applies to the conversion of garages to sleeping quarters, and imposed parking and property maintenance requirements for rental properties. We have not incorporated these requirements in the proposed emergency ordinance, but would instead recommend that Council consider whether to incorporate consideration of parking and property maintenance requirements into its direction to the Planning Commission for development of permanent regulations. Enforcement of the Land Use Code: The City's Code enforcement protocol has been defined by Council directive. Life safety, emergent environmental impacts, and sign code violations are all enforced proactively. This means that if the City observes a violation of life safety, environmental, or sign codes, enforcement response will be initiated. Enforcement of city codes that do NOT fall into one of the three above-named categories is exclusively complaint-based. This means that a complaint from a citizen or other impacted individual must be received in order for an enforcement response to be initiated. When a complaint is received by the City, code compliance officers investigate, seek to achieve voluntary compliance if a violation is discovered, and pursue an order from the Hearing Examiner to force resolution of the complaint and assess penalties in those cases where voluntary compliance cannot be secured. Data over time has shown that code compliance officers resolve more than 95% of initiated cases through voluntary compliance techniques. The proposed ordinance placing limitations on the number of unrelated persons who may occupy a dwelling unit falls within the category of regulations that would be enforced on a complaint basis. Enforcement of the new Emergency Ordinance: Even though the ordinance would be enforced on a complaint basis, Councilmembers also expressed concerns regarding the proposed reduction in the number of unrelated persons permitted to live together and its 3-83 ITEM RA-4 -ATTACHEMENT 1 potential impacts on current residents. Council asked for information on the timing of imposition of these new limitations, as well information on whether pre-existing lease arrangements would immediately become subject to enforcement. In order to provide individuals a reasonable period of time to bring their existing rental homes into compliance with the new regulations, an amortization, or grace period is proposed (refer to Section 5 of the Emergency Ordinance provided in Attachment A.) This grace period allows property owners with current lease arrangements with five or six unrelated persons in single family homes to wind down those leases and then reduce the number of tenants to no more than four unrelated adults. Due to the fact that this housing model in Spiritwood is apparently a response to the demand for student housing in proximity to Bellevue College, the proposed ordinance provides an amortization period tied to the end of the 2013-14 school year. By July 1, 2014 rental arrangements for single family housing of unrelated persons would be required to come into compliance with the limitation to four unrelated adults. Owners of single-family rental properties will be notified that this amortization period does not allow for substitution of new renters during the amortization period to maintain levels of renters above four unrelated adults. In other words, as leases terminate during the amortization period, rentals must come into compliance with the limitation of four unrelated adults. This express amortization period has the added benefit of providing ample notice to property owners and potential investors of the changes to the Land Use Code so that they can plan accordingly. Finally, it makes clear that these leasing arrangements will not be considered permitted non-conforming uses beyond the end of the amortization period. Rental Housing Enforcement Case Volumes: In addition to the questions posed above, the Council also requested code enforcement data regarding the volume of rental housing complaints processed by.Code Enforcement staff. Data for code compliance records is collected based on case categories. Cases involving violations of the boarding home regulations and the definition of family are consolidated within a single "rental housing violation"category. Data taken during a two-year period in the early parts of the last decade and the early parts of this decade were compared to evaluate whether complaints in this category have increased over time. The table presented below provides the results of that inquiry. ra r .a. a i x ate Rr.a1' na, t"..` i `3, C-7 7.1;', ° Gar.n r 11 1\\j,.'i L w,4 u 1 '"k a Y =I , c \ 7ah k tEEF t. x..a 1{!! }\ r at 1c ai` w. M 2 Ft n k,r-.. _.......,...w..... ,:. .+..nor u.. ,,. o'. Citywide 27 43A East Bellevue Community 10 Council (EBCC) Area 5 1 Selected years were chosen to reflect years with similar economic conditions as demonstrated by permit volumes in Development Services. 3-84 ITEM RA-4 -ATTACHEMENT 1 Changes to Draft Emergency Ordinance in Response to September 9 Feedback Council discussion and feedback provided during the September 9 Study Session prompted staff to refine the earlier Draft Emergency Ordinance. Changes to the previously-provided ordinance are described below: 1. The performance requirements applicable to Boarding Houses were expanded to specifically include "Rooming Houses," and to consolidate standards applicable to these uses in a single location. 2. The definition title for"Boarding House" was expanded to specifically include Rooming"which is referenced in the narrative of the current definition. This change removes the need to include a new definition of"Rooming Home? 3. The definition of Board/Rooming House was expanded to apply to stays of 30 days or more and to eliminate any conflict with the definition "Transient Lodging." 4. The references to "unrelated individuals" in the definition of"Family"were clarified to apply only to adults (persons 18 years or older). Non-Regulatory Steps to Address Impacts of Individual Room Rentals, The following non-regulatory efforts will also be pursued by staff concurrent with development of interim and permanent regulatory approaches to ensure that landlords and investment property owners are adequately apprised of the rules applicable to rental of single family homes: 1. Outreach regarding the Planning Commission work to develop permanent codes will be broad in scope, and include communications to realtors, property maintenance firms, and landlord and tenant stakeholder groups. 2. Public information materials will be developed and distributed to stakeholder groups and posted to the City website following adoption of permanent regulations. 3. Opportunities will be explored for Code Compliance and Neighborhood Outreach to collaborate on an education program to inform landlords regarding appropriate rental practices and tenant expectations. ALTERNATIVES 1. Adopt Ordinance No. to 17- to amend the Land Use Code to provide necessary clarification regarding individual room rentals in single family homes, schedule a public hearing date, and direct Planning Commission development of recommendations for permanent regulations. 2. Do not adopt Ordinance No. to 12-8 and provide alternative direction to staff. RECOMMENDATION Adopt Ordinance No. Co t 2-S to amend the Land Use Code to provide necessary clarification regarding individual room rentals in single family homes, schedule a public hearing date, and direct Planning Commission development of recommendations for permanent regulations 3-85 ITEM RA-4 - ATTACHEMENT 1 MOTION Adopt Ordinance No. 171 x-S to amend the Land Use Code to Provide Necessary Clarification regarding Individual Room Rentals in Single Family Homes, schedule a public hearing date, and initiate Planning Commission work to develop recommendations for permanent regulations. EFFECTIVE DATE If approved, this Emergency Ordinance becomes effective immediately except within the boundaries of the East Bellevue Community Council. Pursuant to RCW Chapter 35.14, the Community.Council has jurisdiction to approve or disapprove this ordinance. If the Community Council does not act within 60 days of the passage of the ordinance, it will automatically be deemed effective, however if this Emergency Ordinance is passed by the Council staff will seek to add it to the Community Council's agenda on October 1, 2013 for consideration. The required public hearing before the City Council will be scheduled within the next 60 days. ATTACHMENT A. Proposed Emergency Ordinance No. 6 l zS AVAILABLE IN COUNCIL OFFICE FOR REVIEW N/A 3-86 ITEM RA-4 - ATTACHEMENT 1 CITY OF BELLEVUE, WASHINGTON ORDINANCE NO. 4o t 7-0 AN ORDINANCE of the City of Bellevue, Washington, adopting interim official zoning controls to address impacts resulting from the rental of multiple rooms in single-family dwellings to unrelated individuals, by amending the definitions of "boarding house" and family" and creating a new definition of "rooming house", for a period of six months, to be in effect while the City drafts, considers, holds hearings, and adopts permanent regulations, to be effective immediately upon adoption, scheduling a hearing on the maintenance of the interim zoning ordinance, providing for severability, and declaring an emergency. WHEREAS, the Bellevue Comprehensive Plan seeks to maintain and strengthen the vitality, quality, and character of Bellevue's residential neighborhoods while providing housing choices and affordability; and WHEREAS, the City of Bellevue has begun an update of its Comprehensive Plan as mandated by the Growth Management Act, and that update will include a broader evaluation of the community's housing policies, needs, and related issues; and WHEREAS, the Bellevue City Council has recently heard numerous concerns from citizens about the rental of multiple rooms in single-family dwellings to unrelated individuals and under separate lease agreements, and the impacts of such rentals; and WHEREAS, the concerns and impacts identified by citizens include the erosion of single- family neighborhood character, from a stable neighborhood character to one that is more transitory, increased density, declining property maintenance, and increased on-street parking, traffic, noise and instances of speeding, among others; and WHEREAS, the Bellevue Land Use Code currently defines "family" as one or more persons(but not more than six unrelated persons) living together as a single housekeeping unit, but does not define"single housekeeping unit"; and WHEREAS, the American Community Survey for 2007-2011 shows that the average single-family household size in Bellevue is 2.75 persons; and WHEREAS, the Bellevue City Council has determined that this rental practice and its real and potential impacts threaten the vitality, quality, stability, and single-family character of Bellevue's residential neighborhoods, and that emergency action is warranted to diminish this threat; and WHEREAS, the adoption of the interim controls contained herein will address the immediate impacts resulting from the above-described rental practice, will protect the stability and character of Bellevue's single-family neighborhoods, and will provide an opportunity for the City to more fully research and develop appropriate long-term strategies; and 3-87 ITEM RA-4.- ATTACHEMENT 1 WHEREAS, the Bellevue City Council has determined that the termination of existing uses that do not conform to the interim controls by July 1, 2014, will fairly and reasonably balance the interests of property owners and users with the benefit to the public; WHEREAS, pursuant to WAC 197-11-880, actions that must be undertaken immediately or within a time too short to allow full compliance with the State Environmental Policy Act SEPA), to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the provisions of that Act(see also BCC 22.02.050); and WHEREAS, pursuant to RCW 36.70A.390 a public hearing must be held.within 60 days of the passage of this ordinance; and WHEREAS, the potential adverse impacts upon the public safety, welfare,and peace, as outlined herein,justify the declaration of an emergency; now therefore, THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 20.20.140 of the Bellevue Land Use Code is hereby amended to revise the general development requirements applicable to "Boarding Houses and bed and breakfasts,"to read as follows: 20.20.140 Boarding/rooming houses and bed and breakfasts. Boarding/rooming houses and bed and breakfasts require a Home Occupation Permit, Part 20.30N LUC, approval. In addition, not.more than two rooms may be rented to not more than two persons other than those occupying a single-family dwelling, provided there is compliance with health and building code requirements.The owner of the rooms to be rented shall provide off-street parking for such rooms at the rate of at least one parking stall for each room. Section 2. Section 20.20.700 of the'Bellevue Land Use Code is hereby deleted. Section 3. Section 20.50.012 of the Bellevue Land Use Code is hereby amended to revise the definition of"Boarding House,"to read as follows: 20.50.012 B definitions. Boarding/Roominq House. A dwelling in which individuals unrelated to the owner are housed and/or fed for profit for any time period, including stays of 30 days or more. This definition includes, but is not limited to, Transient Lodging as defined in LUC 20.50.048. (Refer to see-LUC 20.20.140 for General Development Requirements applicable to Boarding/Rooming House uses). Section 4. Section 20.50.020 of the Bellevue Land Use Code is hereby amended to revise the definition of"Family," to read as follows: 1 3-88 ITEM RA-4 -ATTACHEMENT 1 20.50.020 F definitions. Family. One or more adult persons related by blood, marriage, or legal adoption th„et more or a group of not more than four unrelated adult persons living together in a dwelling unit. A group of more than four unrelated adult persons living together in a dwelling unit may also be included within the definition of Family" if they demonstrate to the Director that they operate in a manner that is functionally equivalent to a Family. Factors that shall be considered by the Director include whether the group of more than four unrelated persons: a. Shares the entire dwelling unit or act as separate roomers; b. Includes minor, dependent children regularly residing in the household; c. Can produce proof of sharing expenses for food, rent, or ownership costs, utilities, and other household expenses; d. Shares common ownership of furniture and appliances among the members of the household; e. Constitutes a permanent living arrangement,and is not a framework for transient living; f. Maintains a stable composition that does not change from year to year or within the year; q. is not a society, fraternity, sorority, lodge, organization or other group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary; or h. Can demonstrate any other factors reasonably related to whether or not the group of persons is the functional equivalent of a family. For purposes of this definition and notwithstanding any other provision of this Code, children with familial status within the meaning of Title 42 United States Code, Section 3602(k)and persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h)will not be counted as unrelated persons. Section 5. Amortization for Certain Nonconforming Uses. Notwithstanding Section 20.20.560 of the Bellevue Land Use Code, any use of a structure or of land which does not conform to the regulations of the district in which the use exists due to changes in the definition of"Boarding/Rooming House"in Section 20.50.012 and/or"Family" in Section 20.50.020, adopted on September 23, 2013, which use lawfully existed on the date such changes became effective, shall be discontinued by July 1, 2014. Section 6. Duration and Scope of Interim Regulations. The interim regulations imposed by this ordinance shall become effective on the date herein, and shall continue in effect for an initial period of sixty(60) days, unless repealed, extended, or modified by the City Council after subsequent public hearings and the entry of additional findings of fact pursuant to RCW 35A.63.220. Section 7. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council shall hold a public hearing on this ordinance within sixty (60) days of its adoption, or no later than November 22, 2013, so as to hear and consider public comment and testimony regarding this ordinance. Following such hearing, the City Council may adopt additional findings of fact, and may extend the interim regulations for a period of up to six (6)months. If a period of more than six months is required to complete consideration of any changes to city 3-89 ITEM RA-4 - ATTACHEMENT 1 codes, the Council may adopt additional extensions after any required public hearing, pursuant to RCW 35A.63.220 and RCW 36.70A.390. Section 8. Permanent Regulations. The City Council hereby directs the staff to develop for its review and adoption permanent regulations to adopt the interim regulations adopted herein, and to transmit this ordinance to the Washington State Department of Commerce as required by law. Section 9. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. Section 10. Public Emergency. The City Council hereby finds and declares that a public emergency exists and that this ordinance is a public emergency ordinance necessary for the protection of the public health and safety and should, therefore, take effect upon adoption. The facts upon which this public emergency is based include all recitals set out in this ordinance as well as those facts contained in the legislative record. Section 11. Effective Date. In accordance with RCW 35A.13.190, this ordinance, as a public emergency ordinance, shall take effect and be in force immediately upon adoption by a majority plus one of the City Council. PASSED by the City Council this day of 2013, and signed in authentication of its passage this day of 2013. SEAL) Conrad Lee, Mayor Approved as to form: Lori M. Riordan, City Attorney Attest: Myrna L. Basich, City Clerk Published j 3-90 ITEM RA-4 MEDINA POLICE DEPARTMENT Dan Yourkoski, Acting ChiefofPolice MONTHLY SUMMARY SEPTEMBER, 2013 FEIA)NY CRIMES Fraud (ID Theft) 2013-0003411 09/04/13 Between 7/9/13 and 9/4/13, unknown persons used the checking account number to write several checks to area merchants. Account was immediately closed and no monetary loss. Investigation has identified a potential suspect. Fraud (ID Theft) 2013-0003420 09/05/13 A resident called to report she was the victim of a credit card fraud which occurred on 8/22/13. Person/s unknown obtained her Bank of America credit card number and purchased a one way air line ticket. The bank took the loss for the cost of the ticket. Theft 2013-0003522 09/12/13 8300 block of NE 12th St Between the hours of 11:30 and 3:15 on 9/12/2013, someone removed a saw from the back of a truck at the St Thomas construction site. Fraud (ID Theft) 2013-0003557 09/16/13 A Medina resident reported she was the victim of a fraud that occurred in Covington WA in Issaquah WA. The victim was immediately notified by the Chase Fraud Department and the account was immediately closed. MISDEMEANOR CRIMES Malicious Mischief 2013-0003361 09/01/13 7900 Block of Overlake Drive W At approximately 4:00 am a Medina officer discovered mailboxes lying on the ground, along with beer cans nearby. Theft(Mail)2013-0003447 09/07/13 700 block of Overlake Dr E Medina officer responded to a report of mail theft by the homeowner who stated he placed an envelope with a check in the mailbox at 9:00 am and at 10:15 am the mail carrier notified the homeowner the flag was up but nothing was in the mailbox. The homeowner quickly cancelled the check and notified his bank. City of Medina cameras and continuing investigation have identified a suspect. Theft 2013-0003518 09/12/13 1700 block of Evergreen Point Rd On 9/11/13, the victim returned to her residence to find a package left by UPS had been opened and the contents were taken. ITEM RA-4 MEDINA MEDINA POLICE DEPARTMENT QICE Dan Yourkoski,Acting Chief ofPolice Monthly Activity Report City of Medina 2013 Felony Crimes September YTD YTD Year End 2013 2013 2012 2012 Assault,Aggravated 0 0 0 0 Robbery 0 0 0 0 Sexual Assault/Rape 0 0 0 0 Burglary(inc Attempt) 0 5 8 13 Drug Violations 0 0 0 0 Fraud (ID Theft) 3 11 19 24 Vehicle Prowl 0 1 2 2 Theft(over$750) 1 5 2 2 Malicious Mischief 0 0 1 2 Arson 0 0 0 0 Auto Theft(inc Recovery) 0 1 1 1 Poss Stolen Property 0 1 0 1 Other 0 0 1 1 TOTAL 4 24 34 46 Misdeameanor September YTD YTD Year End Crimes 2013 2013 2012 2012 Assault, Simple 0 3 1 2 Malicious Mischief 1 11 7 7 Vehicle Prowl 0 19 4 6 Theft(Under$750) 2 7 6 8 Domestic Violence 1 1 0 0 Minor in Possession 0 0 0 0 Drug Violations 0 3 2 3 Poss Stolen Property 0 1 0 0 Other 3 5 0 3 Total 7 50 20 29 Verbal Domestic; Order Violation; Telephone Harassment; ; Trespass Page 1 ITEM RA-4 MEDINA MEDINA POLICE DEPARTMENT QicE Dan Yourkoski,Acting ChiefofPolice YEARLY ACTIVITY REPORT City of Medina 2013 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 Robbery 0 0 0 0 0 0 0 0 0 0 Sexual Assault/Rape 0 0 0 0 0 0 0 0 0 0 Burglary(inc Attempt) 0 0 2 0 2 0 0 1 0 5 Drug Violations 0 0 0 0 0 0 0 0 0 0 Fraud(ID Theft) 0 1 0 1 1 2 1 2 3 11 Vehicle Prowl 0 1 0 0 0 0 0 0 0 1 Theft(over$750) 0 0 0 0 1 0 1 2 1 5 Malicious Mischief 0 0 0 0 0 0 0 0 0 0 Arson 0 0 0 0 0 0 0 0 0 0 Auto/Boat Theft 0 0 0 0 0 0 0 1 0 1 Poss Stolen Property 0 0 0 0 0 0 0 1 0 1 Other 0 0 0 0 0 0 0 0 0 0 TOTAL 0 2 2 1 4 2 2 7 4 0 0 0 24 Misdeameanor Crimes Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Assault, Simple 1 0 0 0 0 1 1 0 0 3 Malicious Mischief 0 2 1 0 0 1 2 4 1 11 Vehicle Prowl 1 5 2 2 3 1 4 1 0 19 Theft(Under$750) 1 0 0 0 1 1 1 1 2 7 Domestic Violence 0 0 0 0 0 0 0 0 1 1 Minor in Possession 0 0 0 0 0 0 0 0 0 0 Drug Violations 0 0 0 0 3 0 0 0 0 3 Poss Stolen Property 0 1 0 0 0 0 0 0 0 1 Other 0 0 0 0 1 0 0 1 3 5 Total 3 8 3 2 8 4 8 7 7 0 0 0 50 Page ITEM RA-4 TOWN OF HUNTS POINT Dan Yourkoski, Acting ChiefofPolice MONTHLY SUMMARY SEPTEMBER, 2013 FELONY CRIMES No felony incidents occurred during the month of September. MISDEMEANOR CRIMES No misdemeanor incidents occurred during the month of September. of M60, y9 ITEM RA-4 CITY OF MEDINA nqsHIN .0 Office of the City Manager October 14, 2013 To: Mayor and City Council From: Robert J. Grumbach, AICP, Director of Development Services Subject: Monthly Development Services Department Report Planning Commission Meeting Recap: The staff provided a progress report on the Official Zoning Map update. Notification letters were mailed to affected property owners of potential rezones as well as a post card notice was mailed to the entire community. Secondly, the Planning Commission continued its discussion on the Streetscape Comprehensive Plan Amendment. The commissioners focused discussion on reviewing the goals and policies. They provided comments to staff for incorporation into the text and the discussion was continued to the next meeting. Finally, staff presented a draft revised significant tree species list for discussion. The revised significant tree species list was based on previous direction to look at including only native tree species to the Pacific Northwest. This approach produced a list with fewer coniferous tree species while increasing the number of deciduous tree species. Discussion followed about whether to include certain individual native tree species. Staff suggested that if the City was going to look at modifying the list of native tree species on an individual basis, review criteria should be developed first under which to consider excluding certain native tree species. After further discussion, the Planning Commission recommended tabling the changes until after the tree code is more thoroughly reviewed. Hearing Examiner Decisions: The hearing examiner approved a shoreline substantial development permit and a Level 2 Tailored Construction Mitigation Plan (File No. PL-13-001 and CMP-13-007), subject to conditions, to install three boatlifts and resurface the deck of an existing pier, and construct a 51-foot long retaining wall within a geologically hazardous area. The address is 3615 Evergreen Point Road. The applicant is Craig Stillwell, Stillwell Hanson Architects, and Greg Ashley, Ashley Shoreline Design and Permitting. . 1 ITEM RA-4 Land Use Administrative Decisions: A Determination of Nonsignificance (File No. PL-13-017) to demolish the existing home and construct a new 5,166 square-foot single-family residence and associated site improvements including approximately 810 cubic yards of earth excavation and 502 cubic yards of fill.. The applicant is Chad Kulper of John Buchan Homes, LLC (Agent). A Determination of Nonsignificance (File No. PL-13-002) to install three boatlifts and resurface the deck of an existing pier, and construct a 51-foot linear retaining wall within a geologically hazardous area to create a garden/yard area. The applicant is Craig Stillwell, Stillwell Hanson Architects, and Greg Ashley, Ashley Shoreline Design and Permitting (Agent). Land Use Decisions Issued For 2013: Type of Decision 2013 YTD Variances/ Minor Deviations 0 SEPA 13 Conditional Uses/ Special Uses 1 Substantial Development Permit 4 Lot Line Adjustments 0 Short Subdivisions 0 Site Plan Reviews 1 Wireless Facilities 2 Land Use Applications Received in September: Case Number Description of Permit Location PL-13-030 SEPA 432 Overlake Drive E. PL-13-029 Substantial Dev. Permit 432 Overlake Drive E. PL-13-031 Special Use Permit Fairweather Park PL-13-032 Variance Fairweather Park PL-13-033 SEPA Fairweather Park Building/ ROW Permit Applications Received — Sep 1 to Sep 30: Building Permits: 4 Grading/ Drainage 1 Demolition Permits: 2 Fence:0 Mechanical: 5 Reroof: 1 Right-of-way Permits 5 Total: 18 ITEM RA-4 Building Permits Issued in August 2013: See Attached. Other Items of Interest: 1. Official Zoning Map Update. The postcard notices and letters sent out to the community have generated multiple calls from residents with questions about how the proposed zoning map changes would affect them. The number of contacts has been much higher compared to previous notices. Property owners are encouraged to submit their comments and/ or concerns so that they can be included in the record. The City also updated the website to include information on the proposed changes. 2. Shoreline Master Program Update. There has been a delay in resubmitting proposed alternatives to Ecology's required SMP changes. The delay has been due to priorities involving the Chen and Skinner cases that have taken precedence. We should be able to submit our proposed alternatives within the next couple of weeks. 3 ITEM RA-4 Permit Report August, 2013 2013 2012 Current Current 2013 2012 Month Month YTD YTD Difference Construction Value New Construction 3,232,040 9,848,803 46,203,130 32,265,938 $13,937,192 Permit Renewals 0 0 5,468,468 73,700 $5,394,768 Addition /Alteration 315,000 194,061 3,848,186 25,138,401 ($21,290,215) Accessory Structure 313,884 1,100,000 1,572,477 1,795,371 ($222,894) Repair/Replace 106,621 0 203,621 90,000 $113,621 Fence/Wall 0 0 269,500 504,988 ($235,488) Wireless Comm Facility 0 0 170,000 13,925 $156,075 TOTAL VALUE 3,967,545 11,142,864 57,735,382 59,882,323 (2,146,941) Permits Issued New Construction 2 4 16 12 4 Permit Renewals 0 0 5 5 0 Addition/Alteration 2 4 22 18 4 Accessory Structure 2 1 15 10 5 Fence/Wall 0 0 9 7 2 Demolition 2 5 17 13 4 Grading/Drainage 5 3 24 19 5 Tree Mitigation 2 2 23 16 7 Mechanical 7 10 83 40 43 Other- Moving 0 0 1 0 1 Reroof 4 0 7 4 3 Repair/Replace 1 0 6 2 4 Right-of-Way Use 8 5 44 52 8) Construction Mitigation 2 6 23 18 5 Wireless Comm Facility 0 0 4 1 3 TOTAL PERMITS 37 40 299 217 82 Inspections Building 95 52 560 246 314 Construction Mitigation 5 10 31 35 4) Grading/Drainage 24 13 128 94 34 Tree Mitigation 15 7 91 86 5 Right-of-Way 6 24 70 121 51) TOTAL INSPECTIONS 145 106 880 582 298 _ y of MEp/4, ITEM RA-4 CITY OF MEDINA 44sriinoco 501 EVERGREEN POINT ROAD I PO BOX 144 I MEDINA WA 98039-0144 TELEPHONE 425-233-6400 I www.medina-wa.gov October 14, 2013 To: Mayor and City Council Via: Robert Grumbach, Interim City Manager From: Aimee Kellerman, Deputy City Clerk Subject: Central Services Department Monthly Report OCTOBER& NOVEMBER PUBLIC MEETINGS AND EVENTS Event Date Time Location Emergency Committee Meeting October 15 7:00 pm Medina City Hall Park Board Meeting October 21 5:00 pm Medina City Hall Planning Commission Meeting October 22 6:00 pm Medina City Hall Shredder and Drug Take-Back Day October 26 10:00 am Medina Park City Council Study Session October 28 TBD Medina City Hall Veterans Day Observed—City Hall Closed November 11 City Council Regular Meeting November 12 6:30 pm Medina City Hall Park Board Meeting November 18 5:00 pm Medina City Hall Planning Commission Meeting November 26 6:00 pm Medina City Hall Thanksgiving Holiday Observed—City Hall Closed November 28 Day After Thanksgiving Holiday—City Hall Closed November 29 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 befound on the City's website. CIVIC ENGAGEMENT OPPORTUNITIES The City has positions with partial terms available now: Please consider serving your community and encourage your friends and neighbors to apply too! Board/Commission Position(Full or Partial Term)Term Period Medina Park Board Position 7 Available Now&Expires 06/30/2015 Medina Park Board Position 3 Available Now&Expires 06/30/2017 COMMUNICATION TO OUR COMMUNITY E-Notice Program: During the month of September,the City issued 22 bulletins amounting to a total of 11,143 bulletins delivered to subscribers; approximately 22.1%were opened. A summary is attached. As of September 30,the City had 2,479 subscribers with a combined total of 18,502 subscriptions. Website Hits:The attached report identifies popular hits on the City's website pages during the month of September. ITEM RA-4 RECORDS REQUESTS As of September 30, 175 public records requests have been received by central services during 2013.A total of three requests are ongoing and regular installments are being furnished. PASSPORTS During the month of September, 3 passport applications were processed at City Hall, totaling 181 for the year so far. The City accepts applications by appointment only between 9 am and 3:30 pm daily. GET CONNECTED!STAY INFORMED!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. ITEM RA-4 September 1,2013-September 30,2013 Bulletins Total Total Unique Email Unique Email Developed Recipients Delivered Opens Open Rate Wireless Recipients Comparisons: September, 2013 22 11,671 11,143 1,916 22.10% 2,051 August, 2013 17 8,563 8,212 1,620 23.30% 934 July, 2013 32 13,584 13,110 2,435 22.20% 1,554 June,2013 37 11,705 11,452 1,925 20.40% 1,380 May,2013 34 15,114 14,806 2,729 22% 1,604 April,2013 30 12,668 12,456 2,325 22.10% 1,271 March, 2013 35 18,594 18,194 3,483 22.50% 1,835 February,2013 23 7,010 6,887 1,111 19.10% 653 January,2013 31 12,230 11,989 2,516 24.20% 956 December, 2012 21 7,912 7,787 1,507 22.10% 520 November,2012 42 13,812 13,652 2,597 21.80% 829 October,2012 36 10,397 10,342 1,964 20.10% 585 September, 2012 30 10,679 10,616 2,235 22.40% 625 August,2012 30 11,127 11,097 19% 556 July,2012 31 10,397 10,385 336 June,2012 30 8,986 8,899 352 May, 2012 20 4,410 4,349 275 April,2012 21 5,622 5,570 198 Date Sent Top 10 Most Read Bulletins During September Emails Opened Email Open Rate AM PDT SR-520 Closures Sept. 6-7& 13-15 22 323 PM PDT 09/09/2013 City Council Agenda Packet 26 121 AM PDT 09/16/2013 Park Board Agenda Packet 25 100 PM PDT REMINDER-SR-520 Full Closure this Weekend! 24 383 AM PDT 92nd Ave NE Ramp Closure on Sept. 18-19 24 343 AM PDT SR-520-Asphalt Removal-Site Locations and Times 26 330 PM PDT 09/24/2013 Planning Commission Agenda Packet 23 105 PM PDT 09/23/2013 City Council Study Session 24 134 AM PDT SR-520 Westbound Lane Closure Dates 22 342 PM PDT Bridge Deck Pour and Eastbound On-ramp Closure 23 322 QI 2 w H w o N lD Cr O) In O) e1 co N N V) VI if) N m N r- 0a1hOO) Cr m N N N h n t!) 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U 4- - V s_ a) '-' > > > ro u a_ >, o >- a.+o CU aJ E o < co > •^ a) '_' a) *' a) a) O ro *' n E -o 0I- N O w D_ 11 Cl- w 2 0 O rn O rn 2 0 O U n_ w Q U I I O 1 c• o t..0 e•1 m 01 m 00 iD al N. e-I r• In e-1 co N N Cri N r Cv +• rn 00 CO .--1 n Cr O N lD tD Cr d m m N . 0 0 0 i12 m .c V) m Ni N N e1 .-1 .-1 .-1 .-1 .-1 .-1 e--1 ,-i e1 .-i .-1 c-1 CO iiii" aJa I1 IX) 3 lD O m O) VD Ol N d V N up N lD LID Ol e-i O) 00 00 CO a) lD Cr Cr Cr r, Cr CO Cr m N o o O) O) co N lD In v V N d 5 O) N Cr m m N N N N N N .-I e-1 1-1 e-1 a-I r•1 .-1 .-1 C I aYCO C o Cl u E Ii% a) 0 0 d n O t_ C Y Cli Y Vm ' > v Y u CO N v1 vi OL 0),c2 C v Y C of Y C C)o N io 0 a) E o U C a) co a) a o co a a L. a ° Q C , > o a, > o — U v v o c CO >. 0 o N C 7 Y O v v1 v •u p U w +-, 0 u 7 m v .0 O O. a- v a .0 Y > .I ,Yn > N > c`o u O -) > Q aar o w a) > E o Q ro a) v *' a) > a) 0 ro t D E 0 I- N 0 w w a Li D_ 0 rn S U 2 w U rn 0 D_ rn D_ U w ti of ME9 ITEM RA-4 CITY OF MEDINA 501 EVERGREEN POINT ROAD I PO BOX 144 I MEDINA WA 98039-0144 4SFING ' TELEPHONE 425-233-6400 I www.medina-wa.gov October 14, 2013 To: Mayor and City Council Via: Robert Grumbach, Interim City Manager From: Joe Willis Sr., Director of Public Works Subject: September 2013 Public Works Report 1. With the reconfiguration of the SR 520 westbound on-ramp to a left turn movement, traffic backup along 84th Ave NE is and continues to be an issue for Medina, Hunts Point, and Clyde Hill. The more recent SR 520 construction impacts at the lid prompted a meeting with ECC, WSDOT, and the Points Communities on September 4th. While most of the discussion centered on the SR 520 westbound on-ramp and the temporary traffic control signage and operation, the flow of traffic and access to residents remains the major concern to the Points Communities. To address Medina concerns, Robert and I met with Fred Tharp (WSDOT) on September 17th subsequent to the September 4th traffic meeting in Hunts Point to discuss the re- channelization of 84th. Fred Tharp indicated that WSDOT will stand by its commitment to restripe 84th as they agreed to in November of 2010 when there is a consensus from the Cities. I understand that George Martin, Fred McConkey, and Michael Luis on September 25th did discuss the proposal from Clyde Hill to change the lane configurations in order to add bike lanes to both sides of 84th Ave NE from NE 24th to Points Drive. According to Michael, even if Medina does not agree to add a bike lane on the west side of 84th, Clyde Hill wants a northbound bike lane to be added on the Clyde Hill side of 84th. The Mayors agreed that the traffic consultants for the Cities should discuss the Clyde Hill proposal to see if there is a viable option for the lane striping that would provide a single southbound lane, a left turn lane for Medina Circle,two northbound lanes, and a bicycle lane on the Clyde Hill side of the street. Eric Shimizu of DKS that prepared the design for Clyde Hill talked with Dan McKinney of Transpo Group and they agreed that the lane configuration could provide a 5 foot wide bike lane on the east side of the street if the traffic lanes were striped at a 10'-4" width. Eric will prepare a new layout for the re-channelization of street based on this discussion and run it by each of the Cities for consensus prior to presenting it to WSDOT for implementation. 2. ECC completed the new sidewalk (relocated Points Loop Trail) along the north side of NE 28th Street that now connects with the new walkway on 80th Ave NE and the sidewalk previously constructed by the City at the west end of Three Points Elementary School. That portion of the Point Loop Trail to the west of the NE 28th Street cul-de-sac is currently under construction by ECC to complete the fish passage culvert crossing under SR 520 conveying Medina Creek to Fairweather Basin in Hunts Point. The project involves the construction of a new pedestrian bridge over the creek. This work has impacted the residents who made their displeasure known to the City via letters and e-mails. The Police and the Public Works Director responded to the complaints. Parking tickets were issued to the construction workers that were parking ITEM RA-4 on the street and steps are being taken to address the other issues including the installation of a street light at the cul-de-sac, signage advising motorists that the street is a dead end with no vehicle access to SR 520, and a 20 MPH speed limit sign. 3. The Public Works Shop Facility building addition permit application received a Determination of Non-Significance for the proposed construction that has an appeal period ending on October 16`h. The Architect is completing the building fire service design and upon approval of the design the project will be advertised for bids. 4. Homeland Security has approved the purchase of an off-road utility vehicle for emergency response using 2012 grant funds. The amount of the grant is approximately$16,000. The cost of the vehicle is approximately $26,000, so Kris Finnigan is asking if 2013 grant funds can also be applied to the purchase. The vehicle will be utilized by Public Works for daily use in maintenance of the parks and be available to respond to an emergency in more inaccessible locations in the event of a disaster. 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. ITEM CA-1 MEDINA CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina Monday, September 9, 2013 CALL TO ORDER Mayor Luis called the September 9, 2013 Special Meeting of the Medina City Council to order at 5:31 pm. ROLL CALL Council Members Present: Patrick Boyd, Jay Decker, Doug Dicharry, David Lee, Michael Luis, and Katie Phelps Council Members Absent: Janie Lee (excused) City Staff Present: Kari Sand, City Attorney, Kenyon Disend; Robert Grumbach, Interim City Manager; and Rachel Baker, City Clerk Council Member Dicharry motioned and Council Member Decker seconded motion to excuse absence of Council Member Janie Lee. Motion carried 6-0 at 5:32 pm. EXECUTIVE SESSION Mayor recessed into Executive Session at 5:32 pm for an estimated time of one-hour pursuant to 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. Council members Patrick Boyd, Jay Decker, Doug Dicharry, David Lee, Michael Luis, and Katie Phelps; Special Counsel Greg Rubstello, Ogden Murphy Wallace; City Attorney, Kari Sand; Interim City Manager, Robert Grumbach; and City Clerk, Rachel Baker were present. Greg Rubstello departed Executive Session at 6:20 pm. Executive Session concluded at 6:26 pm. CALL TO ORDER Mayor Luis called the September 9, 2013 Regular Meeting of the Medina City Council to order at 6:31 pm, and led members of the audience, council members, and staff in the Pledge of Allegiance. ITEM CA-1 ROLL CALL Council Members Present: Patrick Boyd, Jay Decker, Doug Dicharry, David Lee, Michael Luis, and Katie Phelps Council Members Absent: Janie Lee (excused) City Staff Present: Kari Sand, City Attorney, Kenyon Disend; Robert Grumbach, Interim City Manager; Mark Thomas, Police Chief; Joe Willis, Public Works Director; Nancy Adams, Finance Director; and Rachel Baker, City Clerk APPROVAL OF MEETING AGENDA Council Member Dicharry motioned to approve agenda as presented and Council Member Decker seconded motion. Motion carried 6-0 (J. Lee absent) at 6:32 pm. PUBLIC COMMENT Mayor read guidelines for public comment period and opened floor at 6:33 pm. Mr. Pete Jorgenson, Civil Service Commission Chair, supported Carol! Wedlund and her service to the Commission, and opposed reducing budget to eliminate her contract. Mr. Roger Ngouenet seconded Mr. Jorgenson's statements and spoke in favor of retaining Ms. Wedlund. Ms. Heija Nunn supported comments made by Mr. Jorgenson and Mr. Ngouenet. Ms. Nunn stated the 2011 and earlier city council audio and agenda packets were removed from website and suggested council support increased funding to support retaining records online. Mr. Richard Hass spoke about increased traffic backups on 84th Avenue NE related to SR 520 construction and how Medina Circle residents are unable to easily access neighborhood, especially during peak traffic. He urged city council to exert its influence on DOT before it is too late. Being no further comments, mayor closed comment period at 6:42 pm. REPORTS AND ANNOUNCEMENTS Council Member D. Lee announced the birth of his son. Council Member Phelps requested of Chief Thomas to install "No Parking" signs in Medina Park across from St. Thomas School if cars continue to be parked on grass. Planning Commission Chair Heija Nunn complimented Robert Grumbach for doing a great job wearing so many different hats in the City right now. City Council Minutes September 9, 2013 Page 2 ll ITEM CA-1 Emergency Committee Chair Kay Koelemay informed everyone a mailer announcing Emergency Preparedness Month was sent to residents which included details about a Map Your Neighborhood showing on October 15, at 7:00 pm, and encouraged RSVPs so the showing location can accommodate demand. Ms. Koelemay thanked outgoing Chief Thomas for his participation on the committee. Interim City Manager Robert Grumbach reported Chief Thomas' last day will be September 20, and Dan Yourkoski will be appointed interim chief. He informed Council of City Clerk Baker's resignation and her last day will also be September 20, adding that recruitment began last week to attract applicants to the position. Chief Thomas thanked residents, city council, and staff, especially the police department, for the time he worked for the City. He said he enjoyed his time here and did not intend to leave so quickly, which was only because the new opportunity came unexpectedly. City Clerk Baker said she appreciated the opportunity to serve the community and elected and appointed officials over the past nine years and that she will miss working with the city staff. Public Works Director Willis reported on 84th Avenue NE traffic, Medina Circle access, and SR 520 construction, offering alternatives and summarized meetings with SR 520 contractor ECC. Grumbach noted City is waiting for SR 520 contractor KGM to withdraw revised CMP adding ECC agreed to implement and agree to conditions for negative construction impacts. Grumbach provided a status update on city manager recruitment schedule mentioning the completed profile and advertisement should be placed this week. CONSENT AGENDA MOTION PHELPS AND SECOND BOYD TO APPROVE CONSENT AGENDA AS PRESENTED AND MOTION CARRIED 6-0 (J. LEE ABSENT) AT 7:04 PM. Approval of August 12, 2013 City Council Special and Regular Meeting Minutes Approval of August, 2013 Check Register Claim check numbers 54388 through 54471 in the amount of $340,324.39, and payroll check numbers 36". through 3674 in the amount of$230,153.84 Recovery Month Proclamation Receipt of Approved 5/28/2013 Planning Commission Meeting Minutes Receipt of Approved 6/25/2013 Planning Commission Meeting Minutes Receipt of Approved 7/23/2013 Planning Commission Meeting Minutes Receipt of Approved 6/17/2013 Park Board Meeting Minutes City Council Minutes September 9, 2013 Page 3 ITEM CA-1 OTHER BUSINESS Ecology SMP Conditional Approval Follow-Up (7:05 pm) Grumbach summarized progress made by staff and shoreline advisory committee with responses to the Department of Ecology's required changes in order to approve Medina's Shoreline Master Program. Draft 2014 Preliminary Budget Discussion (7:19 pm) Finance Director Adams provided 2013 forecasts as of July YTD and presented 2014 preliminary draft budgets and detailed budget worksheets to council members which will be used for discussion during the September 23 council study session. City Council Agenda Calendar (7:39 pm) Council planned to meet for a study session at 6:00 pm for an executive session and budget discussion. For the October agenda, the SMP follow up will be included. PUBLIC COMMENT Mayor opened public comment period at 7:43 pm. No comments were presented and mayor subsequently closed it. ADJOURNMENT MOTION D. LEE AND SECOND DICHARRY TO ADJOURN THE SEPTEMBER 9, 2013 REGULAR MEETING OF THE MEDINA CITY COUNCIL AND MOTION CARRIED 6-0 J. LEE ABSENT) AT 7:43 PM. The September 9, 2013 Regular Meeting of the Medina City Council adjourned 7:43 pm. The Medina City Council will hold its next Regular Meeting on Monday, October 14, 2013, at 6:30 pm, in the Council Chambers at Medina City Hall, 501 Evergreen Point Road, Medina. Michael Luis, Mayor Attest: Rachel Baker, City Clerk City Council Minutes September 9, 2013 Page 4 ITEM CA-2 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina Monday, September 23, 2013 CALL TO ORDER Mayor Luis called the September 23, 2013, Special Meeting of the Medina City Council to order at 6:01 pm. ROLL CALL Council Members Present: Patrick Boyd, Jay Decker, Janie Lee, David Lee, Michael Luis, and Katie Phelps Council Members Absent: Doug Dicharry (excused) City Staff Present: Robert Grumbach, Interim City Manager; Kari Sand, City Attorney, Kenyon Disend; Dan Yourkoski, Acting Police Chief; Nancy Adams, Finance Director; Joe Willis, Public Works Director Council member David Lee motioned to excuse absence of Council Member Doug Dicharry and Council Member Jay Decker seconded the motion. Motion carried by a 6-0 vote. EXECUTIVE SESSION Mayor Luis recessed into Executive Session at 6:03 pm for an estimated time of 30 minutes pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel matters relating to agency enforcement actions, or to discuss with legal counsel litigation or potential litigation. Council Members Boyd, Decker, J. Lee, D. Lee, Phelps and Mayor Luis; City Attorney; Interim City Manager, Acting Police Chief, and Special Legal Counsel Greg A. Rubstello, Ogden, Murphy & Wallace, were present during the executive session. Executive session concluded at 6:31 pm. CONTINUATION OF PUBLIC MEETING Mayor Luis called the special meeting back in session at 6:34 pm. Council Members Decker, J. Lee, D. Lee, Phelps and Mayor Luis were present. Council member Boyd rejoined the meeting at 6:38 pm. Interim City Manager, Acting Police Chief, Finance Director and Public Works Director were present. ITEM CA-2 DISCUSSION 2014 Budget Discussion (6:35 pm) Council members discussed draft preliminary budget document, revenue and expenditure projections and proposed budget requests. The Council gave the following direction: 1. Show City Manager at full wages and the Chief of Police at nine months wages; savings for Deputy City Clerk/Administrative Assistant and City Clerk are okay. 2. Leave Legal Department expenditures at $190,000. 3. Include the increase in the Finance Director's salary range. 4. Include the Airport Noise Consultant expenditures at $14,500. 5. Leave the Medina Day fireworks at $10,000, but asked Medina Days to show some transparency in their spending. 6. Include the $4,000 increase for public notification. 7. Include increased expenditures for lifeguards and an expanded swim area. 8. Accepted the Park Board's proposed list of projects (September 18, 2013, memo from Joe Willis, Public Works Director). 9. Include changes to the Civil Service Commission to phase out the use of a consultant as the civil service secretary. 10.Directed staff to estimate and include potential revenue from Clearwire's use of the City's flagpole for wireless communication. 11.Add expenditures associated with membership in the Sound Cities Association. 12.Add WASPC expenditure for recruitment of police chief. 13.The budget presented at the next meeting should show a positive balance between same year 2014 expenditures and revenues. Council Member Phelps presented a proposed policy for a paid day off for staff on a Friday when the Friday follows a Thursday holiday. Discussion ensured. It was agreed to take this discussion up again when all council members were present. ADJOURNMENT MOTION BY PHELPS AND SECOND BY JAY TO ADJOURN THE SEPTEMBER 23, 2013 SPECIAL MEETING OF THE MEDINA CITY COUNCIL AND MOTION CARRIED BY A 6-0 VOTE AT 8:11 PM. The September 23, 2013 Special Meeting of the Medina City Council adjourned 8:11 pm. Next meeting: Monday, October 14, 2013, at 6:30 pm in the Council Chambers at Medina City Hall, 501 Evergreen Point Road, Medina. Michael Luis, Mayor Attest: Robert Grumbach, Interim City Manager City Council Minutes September 23, 2013 Page 2 f of Meo„..ITEM CA-3 CITY OF MEDINA October 14, 2013 To: Mayor and City Council From:Nancy Adams, Director of Finance Re: September 2013 Financial Reporting The Sept 2013 Reporting includes: Sept 2013 AP Check Register Activity Detail Sept YTD 2013 Revenue& Expense Summary Key Items for September YTD include: 2013 General Fund: Revenue: Property Tax is at $1.4M as of Sept YTD. Property Tax is deposited into our account during April/May and October/November timeframes. Sales Tax Revenues are at$691 K as of Sept YTD. Annualized, the trend would give us $921 K in Sales Tax for the year. The main source of sales tax is construction of buildings, which represents 53% of the total sales tax as of Sept YTD. Planning and Development Revenue is at $979K as of Sept YTD, which exceeds the annual budget of 749K by$233K. Fines, Penalties, and Traffic Infractions (Kirkland Municipal Court) Revenue is trending low at 53% for the year at$35K for Sept YTD. Expense: Legislative expenses are trending $4K higher than budget due to Jet Noise Consultant and King County Voter Registration Fees. Legal fees are at $198K as of Sept YTD, exceeding the Budget of $160K YTD. $133K of the YTD expenditures are related to Special Counsel fees. Executive Expenses are $40K higher than budget due to the separation agreement with the City Manager. Police Expenses are trending $300K under budget due to the vacancies in the Police Dept. 2013 General Fund Forecast(as of September 30`h): GENERAL FUND 2013 BUDGET 2013 FORECAST 2013 FORECAST CHANGE SINCE 9/23/2013 10/14/2013 LAST FORECAST Revenue: 5,122,519 5,395,509 5,428,455 32,946 Expense: 5,236,157 5,154,455 5,172,338 17,883 113,638)241,054 256,117 15,063 2013 Capital Fund: Revenue: Real Estate Excise Taxes (REET) continue strong and are $597K as of Sept YTD. Annualized, the trend as of Sept YTD would give us $796K in REET for the year against a budget of$620K. TIB and Flood Control Grants will be reduced by($36K) and ($28K) respectively in 2013. King Co. Conservation and Storm water Revenues of$53K have not come in as of Sept YTD. Expense: Capital expenditures will be $200K lower than budgeted due to projects being moved to 2014&2015. 4 ITEM CA-3 2014 BUDGET General Fund (as of September 309h): GENERAL FUND 2014 BUDGET 2014 BUDGET 2014 BUDGET CHANGES as of 9/23/2013 as of 10/14/2013 9/23/2013 vs. 10/14/2013 Revenue: 5,302,602 5,321,775 19,173 Expense: 5,361,543 5,308,237 53,306) 58,941) 13,538 2012 Audit: The 2012 Audit is tentatively scheduled for November 2013. 4C.) 2 3 a0cO O0 tic C C N N u J N 0i5 E r4N- E E 0o ao 0 O E o g o 15.'a, a wn .10.N c c m a 3 m C ¢ 0 n v v -O LLN0/, ` N v c c 'c w a 0c°a o o m s =r a m n o 0 0O O N N N N - N 3 0 = ` N vt O C J 0 0 0 Z # a7} C 4fE J• O r N L 4222 3 J cxJ 3 ll lD IA o A , o J N• L V V N N N ' N x 1N 1i LL N C d N N N t-5' m `0 `0 `O NO go N O 01 v m 8 8 p p O N `1 N E ?.. °' .- N w o 0 0 N m N N w E w w m r m > - - m 0 l7 x l.J V m 0 i7 2 LL a a s 2 c 3 3 3 h V w Q Y L. 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W = F- a co• O O E ° cn I- 0 >c ai a Ina o6 O N W W E D (a • C a a 3 C Q a C) 2 (a 0 a C • a a0i a 3 C I d d W 7 ~ x -, m 7 m aci > a>i 7 C (L a 3 LL Q 1- 3 > , a) u) a aa) c E o 7 C a 3 - U Q Q rn> 015ccLLTf6F- a) > C LL C LL 7 C LL O _ LL n.? Q) O 2 a) n LL 7 co u_ (0 _ Z ZCZma n .c O c a 'c u — LL ai 7 4 a m Z m N .i3 8 c 1O CD so ° ,, aa.)• m RI LL 3 '4 'Q Q m _ 'E F Ys.W 0 O C E 0() (NO a) a) C a' o) t 0) d •y LL .-' CO O W y CO'Q) C a) m m C -- 0 O > 0 ,,_ 00' d 0 y C iO I-° H C N Wca) ' a) v c (o c c m () m 'aO Y F- d C m = x C m a) o E a) a) m W yd (nUmJ — d Li2O (uY , (a o x0J2W IJOdiiW0Lt O d ., m coo p 0 0QI W (7 N F— 0 F— W U' fn F- 0 F- F- m U ITEM CA-3 CITY OF MEDINA CHECK REGISTER SEPTEMBER 2013 I, the undersigned, of the City of Medina of King County, Washington, do herby certify that the merchandise or services specified have been received and the Claim Check Numbers 54472-54559 in the amount of$164,620.53 and the Payroll Check Numbers 3675-3686 in the amount of$215,293.78 are approved for payment this day of October 14, 2013 Voided AP Checks are: None Voided Payroll checks are: None Robert Grumbach, Interim City Manager Certified Correct Nancy Adams, Director of Finance Exceptions I,the undersigned, Mayor of the City of Medina of King County, Washington at the direction of the City Council have hereby reviewed the check registers October 14, 2013. Michael Luis, Mayor ITEM CA-4 CITY OF MEDINA Planning Commission Meeting August 27, 2013 Medina City Hall Council Chambers 6:00 p.m. 501 Evergreen Point Road CALL TO ORDER The Planning Commission meeting of August 27, 2013, was called to order at 6:01 PM by Chair Nunn. ROLL CALL Present: Chair Heija Nunn, Jennifer Garone, Peter May, Peter Papano, Randy Reeves and Shawn Schubring. Absent: Alex Morcos (excused) Staff Present: Robert Grumbach, Development Services Director Donna Goodman, Development Services Coordinator Kevin Cricchio, CMP Consultant ANNOUNCEMENTS Grumbach made the following announcements: The preliminary 2014 budget will be presented to the City Council at their September 10th meeting. Reminded commissioners that some of them are signed up for training to be held September 5th at 6:00 PM at the City of Sammamish. Nunn commented that she had previously attended the training and it was very beneficial. Chair Nunn asked if there were any announcements from commissioners, and there were none. APPROVAL OF MINUTES (6:04 PM) MOTION PAPANO / SECOND REEVES TO APPROVE THE MINUTES FOR THE JUNE 25, 2013, AND JULY 23, 2013, PLANNING COMMISSION MEETINGS AS WRITTEN. APPROVED 6 — 0. (6:04 PM) ITEM CA-4 AUDIENCE PARTICIPATION (6:04 PM) There were no comments from the audience. PUBLIC HEARING (6:05 PM) QUASI-JUDICIAL: 1) Level 2 Tailored Construction Mitigation Plan. File No. CMP-13-009. Applicant: Gregory Whitten Site Address: 8335 Overlake Drive West Proposal: Demolish an upper floor and construct a new upper floor addition to a nonconforming single-family residence Chair Nunn announced that the Appearance of Fairness Doctrine applies and asked the commissioners if they had any disclosures. There were no disclosures by commissioners and no challenges to any of the commissioners participating in the hearing. Chair Nunn described the procedures for conducting the hearing. The oath was administered to CMP Consultant, Kevin Cricchio. Cricchio provided a brief introduction to the project and explained the proposal. He noted that notices had been issued per City regulations and showed a site plan of the property and aerial photograph of the site. Cricchio explained that the project triggered a public hearing due to the cost of the project and the fact that they are proposing to use a tower crane. He added that the applicant is now changing the site plan by proposing to remove fourteen trees rather than nine trees. They are also now indicating that there will be five parking spaces onsite during excavation and eight parking spaces onsite following excavation. In addition, an existing vegetated island will be removed and following construction will be replanted and possibly decreased in size. Cricchio noted one final change in that the CMP Plan Manager was changed from the owner's agent to the contractor, Brian Wygal of Roberts Wygal LLC. Cricchio explained that the tower crane will be located on a barge for the purpose of off-loading materials to the site. He added that this had been reviewed for conformance with the criteria in the code and that staff was recommending approval of the CMP with the eight conditions listed in the staff report. Papano asked about the existing nonconformities and Grumbach explained that they would continue to exist. Grumbach distributed two revised site plans for the project, to replace exhibit 2B in the packet. One site plan showed the site configuration during excavation with the five onsite parking spaces, and the second plan showed eight parking spaces after excavation had occurred. Cricchio responded to questions from the commissioners regarding the crane and barge, the landing pad, possible environmental issues, silt fencing and the length of Planning Commission Minutes Page 2 August 27, 2013 ITEM CA-4 time the crane would be in place. Cricchio deferred to the applicant to answer some of their questions. He indicated that they are proposing two truck routes. The oath was administered to Stephen Rising, TCA Architecture, representing the property owner. Rising noted that the scope of work described as "item 3" on page 4 of 10 was not a complete description of the project under the building permit. He explained that they are proposing a whole-house remodel and are replacing the existing second floor with a larger second floor. Garone asked if they are raising the building's height and Rising responded that they are raising it to the maximum allowed. The duration of the project is expected to be two years or less. Regarding the barge and crane, Rising opined that every day the barge is present, its use can reduce the length of work by a week and that it is not intended as a cost savings, but a time savings. He estimated that the barge would be present at the site for a total of three months, on and off. He stated the tower crane will be 120 feet tall with a 70 foot boom, however, it could be smaller depending on what is available at the time they need it. Nunn asked if there are limitations on tower cranes and Grumbach explained that there are no standards in the code, however, that is why the use of a tower crane triggers a construction mitigation plan review before the Planning Commission. May expressed concern with the potential environmental effect to Lake Washington of materials to be carried over the water and piled behind the silt fence. He explained that there are various types of silt fencing, some more effective than others. Rising assured the commission that they intend to conform to best management practices and that they do not intend to bring in any soil or gravel via the barge. Schubring asked a follow up question about what they would use the barge for. Rising explained that there will be a second barge with materials, such as lumber and stone, and the crane will be on the first barge to transport the materials onto the site. Garone expressed concern with the trucks and subsequent cost to the city to maintain streets and requested clarification from the applicant on his statement that the barge would be used for the duration of the project vs the three month time frame quoted. Rising responded that he felt the barge would be needed for three months, but that he couldn't say which three months. He explained that it is not a large property and there is no space to place materials and the access from the front to the rear of the property was problematical. Discussion followed. Reeves suggested that the time allowed for the barge and crane to be on site should be limited. Grumbach shared that the City did not have the resources to monitor a time limit and that it would have to be up to the applicant to track. There was discussion regarding a possible requirement for reporting on the Planning Commission Minutes Page 3 August 27, 2013 ITEM CA-4 timeframe that the barge would be on site. It was also suggested that additional time to use the barge & crane should be allowed if it becomes necessary. The oath was administered to Brian Wygal, Roberts Wygal Construction, who testified that he was comfortable with the three month timeframe for the barge. Garone asked about the removal of the additional trees and Rising responded that they had not applied for the tree removal permit as yet and they wanted to make sure the CMP process would not be complicated by any future decisions about which trees would be removed. Chair Nunn opened the hearing to public testimony. There were no comments from the audience and Chair Nunn closed the public hearing. MOTION REEVES / SECOND GARONE TO APPROVE CMP-13-009, WITH THE CONDITIONS IN THE STAFF REPORT. (6:55 PM) Discussion followed. MOTION REEVES / SECOND SCHUBRING TO AMEND THE MOTION TO ADD THE CONDITION THAT THE DURATION OF THE CRANE ON THE SITE IS TO BE LIMITED TO 90 DAYS, WITH THE POTENTIAL FOR THREE 30-DAY EXTENSIONS WITH ADMINISTRATIVE APPROVAL AND A TOTAL DURATION NOT GREATER THAN SIX MONTHS (6:55 PM) Rising testified that the three month duration they hoped would be consecutive, but might not be. Garone advised that she would not vote for the amendment without including the requirement for reporting. Discussion followed. Rising stated that the people who would be impacted by the crane would be well aware of it and that if it is there longer than the allowed days there will be a complaint. There was further discussion that the applicant would have a record of the days the crane is on the site because there will be invoicing associated with it. Discussion then took place on how to propose sequential amendments to the original motion. MOTION FOR AMENDMENT FOR TIME LIMITS DESCRIBED ABOVE TO BE I ADDED AS CONDITION 9, APPROVED 6 — 0. (7:07 PM) MOTION NUNN / SECOND GARONE FOR A SECOND AMENDMENT TO REQUIRE THE APPLICANT TO MAIL A COPY OF THE CMP APPROVAL WITH I CONDITIONS TO THE ORIGINAL NOTIFICATION MAILING LIST. (7:08 PM) Planning Commission Minutes Page 4 August 27, 2013 ITEM CA-4 Cricchio proposed that the applicant be required to display a second sign with the additional conditions added or whatever limitation the commission desires. Discussion followed. Grumbach advised that the commissioners are not advocates when in the decision- making role. He suggested that they should look at the facts of the case and make conditions based on what is presented. He clarified that if a neighbor expresses a concern it is appropriate to address it in the conditions, but otherwise it is speculation. Nunn disagreed that the commission should not act as an advocate, however agreed with May that the administrative oversight should be simpler and withdrew her motion for the amendment which would have required an additional mailing to neighbors. She expressed her desire, however, that this issue of further notifications be addressed when the code on construction mitigation plans is reviewed in the future. ORIGINAL MOTION TO APPROVE CMP-13-012, SUBJECT TO THE CONDITIONS IN THE STAFF REPORT WITH THE ADDED CONDITION NO. 9 THAT THE DURATION OF THE CRANE ON THE SITE IS TO BE LIMITED TO 90 DAYS, WITH THE POTENTIAL FOR THREE 30-DAY EXTENSIONS WITH ADMINISTRATIVE APPROVAL AND A TOTAL DURATION NOT GREATER THAN SIX MONTHS, APPROVED 5- 0, GARONE OPPOSED (7:14 PM) OTHER BUSINESS 1) Continued Discussion on Streetscape Comprehensive Plan Amendment (7:15 PM) Grumbach began by asking the commission to clarify if they wished to keep the parameters of the discussion limited to the streetscape or if they preferred to get into a broader update of the comprehensive plan. He explained that if they keep the scope narrow then they would be able to move forward with the narrower scope this year, but if they preferred to be broader in their scope, it would be incorporated into the larger comprehensive review required by the state. Grumbach added that there is a public participation requirement for comprehensive plan amendments and there will be more resources available for public participation for the bigger update than for the narrower review. Nunn restated Grumbach's description of the two options available to the commission 4 and asked each commissioner to state their preference. Reeves expressed a preference for considering the streetscape as part of the larger scope of work. May stated he was comfortable with the more focused approach, looking only at the goals and policy statements and map, and then deciding where that leads. Nunn felt that both ways were feasible, but advocated for the more comprehensive approach. it Planning Commission Minutes Page 5 August 27, 2013 ITEM CA-4 Schubring expressed a desire for the more focused approach — to get one thing actually completed and then move on. Papano agreed with focusing on the specifics of the streetscape in response to the public interest at this time. Garone pointed out that the current comprehensive plan specifies informal and natural streetscapes and yet the most recent street projects are not. Garone said she would prefer the approach that would actually have an impact on the decisions about projects that are implemented in the future. Grumbach clarified that the comprehensive plan is only the first step and provides goals and guidance. The second part of the review will be to make sure that the development regulations reflect the goals and policies. Garone asked that the minutes reflect Grumbach's statement that the policies don't always translate into what you see because your regulations don't always align with what your policies are. She asserted that if the commission is going to work on policies and the implementation guidelines don't align with that, there is a big disconnect that the city should be addressing. May voiced that there are challenges in doing that and, as Grumbach has stated, the translation occurs in the development regulations, which the commission has worked on the past two years and would continue to work on. Discussion followed on this issue. Nunn read from the current comprehensive plan, indicating that "where sidewalks, trails or pathways are installed, they shall be designed and landscaped in accordance with the landscape plan and public input in order to maintain the city's natural and informal character". Grumbach clarified that the city did not actually have local street standards when this comprehensive plan was adopted because the streets and sidewalks were already built. Because no one was using the sidewalks due to the problems with them, the city obtained grant money for the recent improvements. He explained that the Public Works Director did make an effort to reach out to the public on it, but it was not adequate. That was because there was no guidance as to what the public process should have been. Grumbach continued, adding that in preparation for the upcoming WSDOT project on NE 28th Street, the council did adopt standards, but they are broad and mostly apply to arterials. They don't necessarily indicate how redevelopment should occur throughout the city. He noted that lessons are being learned from recent projects and that the council has indicated a desire to put better processes in the regulations. May suggested that, for the sake of moving forward, the commission focus on the goals and policies beginning on page 11 , including the map, and then move forward Planning Commission Minutes Page 6 August 27, 2013 I ITEM CA-4 with the smaller amount of public process, recognizing that they can come back to the rest at a later date. The consensus of the commission was to take this approach. Nunn suggested that commissioners read the document prior to the next meeting. 2) Briefing on Shoreline Master Program Update (7:47 PM) Grumbach distributed to the commissioners a document containing the status of the Shoreline Master Program update. He explained that they are working with the Department of Ecology to get agreement on the changes. Grumbach provided a rundown of the various sections of the document and briefed the commission on specific changes and agreements with Ecology. He noted that many of the changes involve more vegetation being required. Grumbach suggested that if anyone has questions about specific sections, they can contact him later. ADJOURNMENT MOTION MAY / SECOND REEVES TO ADJOURN THE AUGUST 27, 2013, PLANNING COMMISSION MEETING. APPROVED 6 - 0. (8:14 PM) The next Planning Commission meeting is scheduled for Tuesday, September 24, 2013, at 6:00 PM. Minutes taken by: Donna Goodman Development Services Coordinator Planning Commission Minutes Page 7 August 27, 2013 ITEM CA-5 CITY OF MEDINA Park Board Meeting Minutes Monday, July 15, 2013 Medina City Hall I Council Chambers CALL TO ORDER Chair Adam called the July 15, 2013 Park Board meeting to order at 6:03 pm. ROLL CALL Present: Miles Adam, Drew Blazey, Gabriele Dickmann, Susan Flagg, Susan Loren-Taylor Staff Present:Joe Willis, Director of Public Works Pam Greytak, Admin. Assistant/Deputy City Clerk ANNOUNCEMENTS (6:03 pm) Adam congratulated Dickmann and Flagg on their park board reappointments. APPROVAL OF MINUTES I MOTION BLAZEY/SECOND DICKMANN TO APPROVE THE JUNE 17, 2013 PARK BOARD fl MEETING MINUTES AS WRITTEN. MOTION PASSED UNANIMOUSLY AT 6:05 PM. PUBLIC COMMENT (6:06 pm) No public comment. NEW BUSINESS Update on Landscape Design for the Evergreen Point Lid (6:06 pm) Willis and the board discussed illustrations of the proposed SR-520 Lid at Evergreen Point Road. The board reiterated the need for sufficient seating on the Lid. 2014 Budget Review (6:23 pm) Willis reviewed the parks maintenance list items and determined that most items are fixed cost so they would not need to be budgeted for separately. The board discussed the need to improve the par course equipment in Medina Park and possibly replace some of the more popular pieces in a few years. Flagg pointed out that a dog waste station is needed along Indian Trail. Adam asked Greytak to add the item to the maintenance list. Park Board Minutes Page 1 July 15, 2013 Status of Arbor Day Plaques (6:35 pm) ITEM CA-5 Adam noted that the purchase and installation of Arbor Day tree plaques should be included in the 2014 budget. Adam stated that ideally the plaques would list the date the tree was planted and tree type. Medina Park Beautification Day (6:38 pm) Willis stated that the crew acknowledged they would like assistance with the following tasks: Trim blackberries around the North pond Fluff bark in play area Weed the back of Five Corners Clean tree wells Clean North pond's viewing dock down to the bridge Adam requested that Greytak send out a Gov Delivery notice inviting residents to help beautify Medina Park on Saturday, August 3 from 9 am to Noon_ Request to Change Park Board Meeting Time Ordinance, MMC 2.40.030 (6:49 pm) Willis confirmed he would ask the City Council to approve an ordinance to change the park board meeting time to 5:00 pm. OTHER BUSINESS Tree in View Point Park (6:53 pm) Adam inquired about the status of the tree that is blocking views in View Point Park. Willis explained that he still needed to discuss the matter with the city's tree consultant. PARK REPORTS (6:54 pm) Blazey reported overgrowth around Lake Lane dock. Dickmann suggested adding a water bag to a recently planted tree that is dying in Medina Park. Willis confirmed for Flagg that the only maintenance completed in the Fairweather Nature Preserve is the removal of trees when they fall across the walking path. Adam reported that he recently saw a large amount of trash on south side of city hall. He suggested that the lifeguards pay more attention to cleaning up that area of the park. ADJOURNMENT Meeting adjourned at 7:02 pm. The next Park Board regular meeting will be held on Monday, September 16, 2013, at 5:00 pm. Minutes taken by: tLV Pamela Greytak, CMC Administrative Assistant/Deputy Clerk Park Board Meeting Minutes Page 2 July 15, 2013 Medina City Council Meeting ITEM CA-6 Monday, October 14, 2013 AGENDA BILL Resolution Approving Interlocal Agreement with AWC regarding Subject: self-insurance Cate o Consent Ordinance Public Hearing9ry: City Council Business .1 Resolution Other- Discussion Prepared By Nancy Adams, Finance Director Summary: The AWC Employee Benefit Trust Board of Trustees voted to move from a fully insured benefit program to a self-insured model. Among the advantages and opportunities that go along with self-funding, is AWC's projection of a zero percent increase for those covered by the Trust's Regency/Asuris Medical, Group Health Medical, WDS Dental, and VSP Vision self- insured plans for 2014. The remaining insurance products will continue to be fully-insured. One of the overriding factors to self-insure is the potential for cost savings to members. Several taxes mandatory to full insurance plans will be eliminated, and retention and stop loss fees are expected to be lower. In order for AWC to conduct business as a self-insured program, AWC is required to comply with RCW 48.62 (Local Government Insurance Transactions) and WAC 200-110 (Local Government Self-insurance health and welfare program requirements). One of those requirements is that each member must approve, by resolution, an Interlocal Agreement authorizing the local government to participate in the self-insurance program. In order to meet state deadlines, AWC has requested that action on the Resolution and Interlocal Agreement be completed with signed copies submitted by November 15, 2013. Members who do not return a signed Interlocal Agreement and Resolution will not be eligible to purchase medical, dental, and vision benefits from the Trust as of January 1, 2014. Attachment: 1. Resolution 2. Interlocal Agreement Budget/Fiscal Impact: 20K reduction than originally projected in 2014 Staff ApproveRecommendation: City Manager Approval: Motion to adopt Resolution approving an Interlocal Agreement with Association of Washington Cities to create a joint self-insurance health Proposed and welfare benefit program and authorizing the Mayor to sign the Council Motion: Interlocal Agreement ITEM CA-6 CITY OF MEDINA WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF MEDINA, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST CREATING A JOINT SELF-INSURANCE HEALTH AND WELFARE BENEFIT PROGRAM WHEREAS,the Association of Washington Cities Employee Benefit Trust(the Trust") is an entity to which contributions by cities and towns and non-city entities organized and existing under the Constitution or laws ofthe State of Washington and who are members of the Trust ("Participating Cities and Towns" and "Participating Non-City Entities") and their employees can be paid and through which the Board of Trustees of the Trust ("Trustees") provides one or more insured health and welfare benefit plans or programs to Participating Cities and Towns' and Non-City Entities' employees, their dependents and other beneficiaries ("Beneficiaries"), on whose behalf the contributions were paid; and WHEREAS, the Trust qualifies as a voluntary employee beneficiary association within the meaning of Section 501(c)(9) of the Internal Revenue Code, providing for the payment of life, sick,accident or other benefits to Beneficiaries; and WHEREAS, the Trust and Participating Cities and Towns and Non-City Entities have determined that it is in the best interest ofParticipating Cities and Towns and Non-City Entities to jointly self-insure certain health benefit plans and programs for Beneficiaries through a designated account within the Trust, while at the same time having the Trust continue as the entity to which other insured health and welfare benefit program contributions are paid and through which insured health and welfare benefit plans and programs are provided to Beneficiaries;and WHEREAS, it appears economically feasible and practical for the parties to do so;and WHEREAS, Chapter 48.62 RCW provides that two or more local government entities may, by Interlocal Agreement under chapter 39.34 RCW,jointly self-insure health benefit plans and programs, and/or jointly hire risk management services for such plans or programs by any one or more ofcertain specified methods; and Resolution# 1 ITEM CA-6 WHEREAS, the Association of Washington Cities Employee Benefit Trust Interlocal Agreement (the"Interlocal Agreement") attached hereto creates a joint self- insured health and welfare benefit program (the "Health Care Program") to be administered by the Trustees for the purposes of providing self-insured health benefits to Beneficiaries; and WHEREAS, WAC 200-110-030 requires every local government entity participating in a joint self-insurance health and welfare benefit program to adopt such program by resolution; and WHEREAS, Chapter 48.62 RCW requires Health Care Program assets to be managed consistent with existing authority over use of municipal funds in RCW 35.39.030. The Trust will manage Health Care Program reserves in compliance with Chapter 48.62 RCW; RCW 35.39.030, and the Health Care Program Investment Policy; and WHEREAS, all premium contributions for use in the Health Care Program are deposited into a designated account within the Trust, the Health Care Program Account (the "HCP Account"), and the HCP Account represents a pool of funds that is independent ofall other Trust or AWC funds; and WHEREAS, the Trust intends to manage the HCP Account assets in compliance with federal and state laws and the Interlocal Agreement; and WHEREAS, the City of Medina believes it is in the best interest of the Health Care Program to allow the Trust to manage the HCP Account. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,DOES RESOLVE AS FOLLOWS: Section 1. Interlocal Agreement Authorized. The City Council of the City of Medina, Washington, hereby authorizes the Mayor to sign an Interlocal Agreement between the City of Medina and the Association of Washington Cities Employee Benefit Trust, in substantially the form of the Agreement attached hereto as Exhibit "A". By adopting this Interlocal Agreement, the City of Medina acknowledges that it shall be subject to assessments as required by the Health Care Program. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF 2013. CITY OF MEDINA Mayor Michael Luis Resolution# 2 ITEM CA-6 ATTEST/AUTHENTICATED: City Clerk Approved as to form: Kari L. Sand, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution No.: Date Posted: Resolution# 3 EXHIBIT A ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST HEALTH CARE PROGRAM INTERLOCAL AGREEMENT This Agreement is made and entered into in the State of Washington by and among the Association of Washington Cities Employee Benefit Trust(the"Trust") and cities and towns, and non-city entities organized and existing under the Constitution or laws of the State of Washington and who are members of the Trust("Participating Cities and Towns,"or Participating Non-City Entities"), all ofwhom are signatories to this Agreement. RECITALS WHEREAS,the Trust is an entity to which contributions by Participating Cities and Towns and Non-City Entities(defined below)and Participating Employees(defined below)are paid and through which the Board of Trustees provides one or more insured health and welfare benefit plans or programs to Participating Employees,their covered dependents and other beneficiaries("Beneficiaries"), on whose behalf the contributions were paid; and WHEREAS,the Trust qualifies as a voluntary employee beneficiary association within the meaning of Section 501(c)(9)of the Internal Revenue Code ("VEBA"),providing for the payment of life,sick, accident or other benefits to Beneficiaries; and WHEREAS, the Trust and the Participating Cities and Towns have determined that it is in the best interest of Participating Cities and Towns to jointly self-insure certain health benefit plans and programs for Beneficiaries through a designated account within the Trust, while at the same time having the Trust continue as the entity to which health and welfare benefit plan or program contributions are paid and through which insured health and welfare benefit plans and programs are provided to Beneficiaries; and WHEREAS, it appears economically feasible and practical for the parties to this Agreement(defined below)to do so; and WHEREAS, Chapter 48.62 RCW provides that two or more local government entities may,by Interlocal agreement under Chapter 39.34 RCW,jointly self-insure health benefit plans and programs,and/or jointly hire risk management services for such plans or programs by any one or more of certain specified methods; and WHEREAS, each local government entity that is a signatory hereto,as required by WAC 200-110-030,acts upon the authority of a resolution adopting this Agreement and the Health Care Program(defined below) created herein; NOW,THEREFORE, for and in consideration of all ofthe mutual benefits, covenants and agreements contained herein,the parties hereto agree as follows: 74234347.6 0053138-00001 1 EXHIBIT A ARTICLE 1 DEFINITIONS The following are definitions of terms used in the Agreement. Unless indicated otherwise, other terms are defined where they are first used. Defined terms are capitalized when used in the defined context. 1.1 Agreement means this Interlocal Agreement entered into under the authority of Chapter 39.34 RCW and as required by RCW 48.62.031(2) between the Trust and Participating Employers. 1.2 Association of Washington Cities or AWC means the Association of Washington Cities, a not-for-profit membership association established pursuant to the laws ofthe state of Washington for the purpose of providing various services to and on behalf of its member cities. 1.3 Association of Washington Cities Employee Benefit Trust or the Trust means the trust and all property and money held by such entity, including all contract rights and records, established for the sole purpose ofproviding life, sick accident or other health and welfare benefits to Participating Employees, their covered dependents and other beneficiaries, and which is approved by the Internal Revenue Service as a VEBA. 1.4 Employee Benefits Advisory Committee or EBAC means the committee defined in Article V of the Trust Agreement that may be delegated responsibility by the Board of Trustees, including but not limited to: overseeing the operations of the Health Care Program,analyzing and developing annual premium levels and benefit coverage changes for recommendation to the Board of Trustees and performing other duties necessary to ensure that the needs of Participating Employers are met and the long-term financial health of the Health Care Program is maintained. 1.5 Health Care Program means the joint self-insurance program offering self-insured health benefit options through the HCP Account. 1.6 HCP Account means a designated account within the Trust and created by this Agreement,the Trust Agreement and Trust Health Care Program policies all under the authority of Chapter 48.62 RCW to provide self-insured health benefits to Participating Employees,their covered dependents and other beneficiaries and further described in Article 6. 1.7 Non-City Entity means any public agency,public corporation, intergovernmental agency or political subdivision,within the state of Washington that meets the requirements of Article IX, Section 1(c)(ii) and(iii)of the Trust Agreement for participation in the Health Care Program. 1.8 Participating City means any city or town within the state of Washington that meets the requirements of Article IX, Section 1(a)or Section 1(b)of the Trust Agreement. 74234347.6 0053138-00001 2 EXHIBIT A 1.9 Participating Employee means any individual employed by a Participating Employer and for whom the Participating Employer makes contributions to the Trust, and any individual who may have been so employed but is subsequently laid off,terminated,or retired. 1.10 Participating Employer means a Participating City or Non-City Entity that is also a party to this Agreement. 1.11 Resolution means the resolution adopted by each Participating City or Non-City Entity that authorizes the Health Care Program. 1.12 State Risk Manager or Risk Manager means the risk manager of the Risk Management Division within the Department of Enterprise Services. 1.13 Stop Loss Insurance or Reinsurance means a promise by an insurance company that it will cover losses of the Health Care Program over and above an agreed-upon individual or aggregated amount, which definition shall be modified by any changes to the definition of stop loss insurance in WAC 200-110-020. 1.14 Third-Party Administrator means the independent association, agency, entity or enterprise which, through a contractual agreement,provides one or more of the following ongoing services to the Health Care Program: pool management or administration services,claims administration services,risk management services,or services for the design,implementation, or termination of an individual or joint self-insurance program. 1.15 Trust Agreement means the Trust Agreement Governing the Trust amended and restated July 1,2013,and any subsequent amendments thereto. 1.16 Trustees or Board of Trustees means the following individuals and their successors, who together, govern the Trust and the Health Care Program: 1.16.1 the AWC President and the AWC Vice President; 1.16.2 the EBAC Chair and the EBAC Vice Chair; and 1.16.3 an individual elected pursuant to the procedures in Article III, Section 5 of the Trust Agreement to serve as the trustee from one of the following regions: a) North East Region(known as the"North East Region Trustee"); b) North West Region(known as the"North West Region Trustee"); c) South East Region(known as the"South East Region Trustee");and d) South West Region(known as the"South West Region Trustee"). Individuals from Non-City Entities are not eligible to serve as Trustees. 74234347.6 0053138-00001 3 EXHIBIT A ARTICLE 2 PURPOSE This Agreement is entered into for the purpose of authorizing the Health Care Program created by the Trust to provide self-insured health benefits to Participating Employees,their covered dependents and other beneficiaries. The Health Care Program shall comply with the statutory provisions found in Chapters 48.62 and 39.34 RCW and the regulatory requirements contained in WAC 200-110 applicable to joint self-insurance programs. ARTICLE 3 PARTIES Each party to this Agreement certifies that it intends to participate in the Health Care Program. Participating Employers are signatories of this Agreement to become effective on a date to be mutually determined(the "Effective Date")and with such other Participating Cities and Non-City Entities as may later be added to and become signatories to this Agreement. ARTICLE 4 DURATION OF AGREEMENT 4.1 This Agreement shall become effective on the Effective Date. 4.2 This Agreement shall have perpetual duration unless terminated as hereinafter provided. ARTICLE 5 MEMBERSHIP COMPOSITION The Health Care Program shall be open to Participating Cities and Non-City Entities. Participation in the Health Care Program is voluntary and not a requirement of AWC membership. The Board of Trustees shall provide for the reasonable admission of new Participating Cities and Non-City Entities. ARTICLE 6 HCP ACCOUNT 6.1 All premium contributions by Participating Employers,Non-City Entities and Participating Employees for use in the Health Care Program are deposited into the HCP Account. 6.2 The HCP Account represents a pool of funds that is independent of all other Trust or AWC funds and independent of all other Participating Employer and Non-City Entity funds. The funds deposited into the HCP Account are held,managed and expended only for the Health Care Program and reasonable expenses, consistent with applicable state 74234347.6 0053138-00001 4 EXHIBIT A and federal statutes and rules governing joint self-insurance programs and self-insurance programs generally. 6.3 The HCP Account is subject to audit by the State Auditor's Office. ARTICLE 7 TRUSTEE POWERS RELATED TO HEALTH CARE PROGRAM The Board of Trustees is provided with the powers and functions established under RCW 48.62.031 to accomplish the following: 7.1 Promote the economical and efficient means by which health benefits coverage is made available to Participating Employers and Non-City Entities and provided to Participating Employees,their covered dependents and other beneficiaries; 7.2 Protect the financial integrity ofthe Health Care Program through purchase of Stop Loss Insurance or Reinsurance in such form and amount as needed; 7.3 Contract for or otherwise provide risk management and loss control services; 7.4 Contract for or otherwise provide legal counsel for the defense of claims and other legal services; 7.5 Consult with the state insurance commissioner and the State Risk Manager; 7.6 Obligate the Participating Employers and Non-City Entities to pledge revenues or contribute money to secure the obligations or pay the expenses of the Health Care Program, including the establishment of a reserve or fund for coverage; and 7.7 Exercise all other powers and perform all other functions reasonably necessary to carry out the purposes of the Health Care Program, Chapter 48.62 RCW and Chapter 200-110 WAC. ARTICLE 8 ORGANIZATION OF HEALTH CARE PROGRAM 8.1 The operations of the Health Care Program are managed by the Board ofTrustees or its delegates. The Trustees or any delegates review and analyze Health Care Program- related matters and make operational decisions regarding premium contributions, reserves,plan options and benefits in compliance with Chapter 48.62 RCW. 8.2 The Board of Trustees has decision authority consistent with the Trust Agreement,Health Care Program policies, Chapter 48.62 RCW and Chapter 200-110 WAC. 74234347.6 0053138-00001 5 EXHIBIT A ARTICLE 9 RESPONSIBILITIES OF THE TRUSTEES 9.1 The Board of Trustees shall discharge its responsibilities under this Agreement as follows: 9.1.1 Provide for the efficient management and operation of the Health Care Program; 9.1.2 Provide for health benefit coverage options for Participating Employees,their covered dependents and other beneficiaries; 9.1.3 Determine the level of Stop Loss Insurance or Reinsurance coverage for claims expenses above the amounts deemed appropriate for self-insurance; 9.1.4 Ensure that the Health Care Program meets required state and federal statutes and rules; 9.1.5 Contract with vendors required to meet the responsibilities established by the Trust Agreement, Health Care Program policies, and applicable state and federal statutes and rules; 9.1.6 Maintain the balance between meeting the Health Care Program needs of Participating Employers and the long-term financial integrity of the Health Care Program; 9.1.7 Prepare an annual financial report on the operations of the Health Care Program; and 9.1.8 Provide for other services deemed appropriate by the Board of Trustees to meet the purposes of this Agreement. 9.2 The Board of Trustees may delegate the responsibilities described in this Article 9 to the EBAC or other delegates at its complete discretion. ARTICLE 10 RESPONSIBILITIES OF THE PARTICIPATING EMPLOYERS In order to participate in the Health Care Program, Participating Employers shall: 10.1 Be a Participating City or Non-City Entity in good standing and comply with the requirements of admission or qualification as established by the Board of Trustees; 10.2 Adopt this Agreement by Resolution, agreeing to its terms and provisions; 10.3 Submit the Resolution and Agreement to the Trust; 74234347.6 0053138-00001 6 EXHIBIT A 10.4 Read the terms,conditions and representations set forth in the application agreement related to participation in the Health Care Program; 10.5 Designate an employee of the Participating Employer to be a contact person for all matters relating to the Participating Employer's participation in the Health Care Program; 10.6 Pay premiums for the Health Care Program to the Third-Party Administrator no later than the tenth day ofthe month in which the premium is due; 10.7 By formal action of the legislative body of the Participating Employer,approve policies and procedures necessary to secure protected health information("PHI")in accordance with Chapter 70.02 RCW and the Health Insurance Portability and Accountability Act HIPAA")privacy and security rules, codified at 45 C.F.R. Parts 160-164; 10.8 Provide the Health Care Program with such information or assistance as is necessary for the Health Care Program to meet its responsibilities under this Agreement; and 10.9 Cooperate with and assist the Health Care Program and any insurer of Stop Loss Insurance or Reinsurance, in all matters relating to the administration and operation ofthe Health Care Program and all matters relating to this Agreement. 10.10 Comply with all bylaws,rules,regulations and policies adopted by the Board ofTrustees relating to the Health Care Program. ARTICLE 11 RESERVE FUND INVESTMENT All reserve fund investments from the HCP Account shall be made in a manner that is consistent with RCW 48.62.111, Chapter 39.59 RCW, WAC 200-110-090 and the Health Care Program Investment Policy. ARTICLE 12 FINANCIAL RECORDS 12.1 The Board of Trustees shall develop estimated revenue and expenditures to establish a budget for each fiscal year covering January 1 through December 31 annually. Actual Health Care Program revenues and expenditures shall be monitored monthly by the Board of Trustees and reported at its quarterly meetings. 12.2 The accounting records of the Health Care Program are maintained in accordance with methods prescribed by the State Auditor's office under the authority ofChapter 43.09 RCW. The Health Care Program also follows applicable accounting standards established by the Governmental Accounting Standards Board ("GASB"). Year-end financial reporting is done on an accrual basis and submitted to the Office of the State Auditor as required by Chapter 200-110 WAC. Once reviewed and approved by the 74234347.6 0053138.00001 7 EXHIBIT A Office of the State Auditor the year-end financial report is transmitted to the Office of the State Risk Manager. 12.3 Financial records of the Health Care Program shall be subject to audit by the Office of the State Auditor. Year-end financial reports and audit results shall be made available to interested parties.The Health Care Program shall provide financial information as required by state statute and rule to the Office of the State Risk Manager. ARTICLE 13 PARTICIPATING EMPLOYER TERMINATION AND WITHDRAWAL 13.1 A Participating Employer must remain in good standing with the Trust and adhere to the requirements of this Agreement. In the event that a Participating Employer fails to be a Participating City or Non-City Entity in good standing, participation in the Health Care Program shall automatically terminate without notice as shall all health and welfare benefits provided through the Health Care Program. 13.2 The Board of Trustees may take action to terminate membership or deny membership in the Health Care Program where it determines that such termination or denial is in the best interest of the Health Care Program 13.3 When a Participating Employer's eligibility in the Health Care Program is affected due to merger or annexation,the affected Participating Employer may petition the Board of Trustees to remain in the Health Care Program. 13.4 A Participating Employer may only withdraw its participation in the Health Care Program at the end of the calendar year and must provide written notice to the Trust at least thirty-one (31) days in advance of the end of the calendar year(December 31st). 13.5 In the event of withdrawal or non-renewal, the Health Care Program will cover any of the Participating Employer's remaining outstanding Health Care Program claims expenses incurred prior to the Participating Employer's withdrawal from or non-renewal in the Health Care Program. 13.6 No Participating Employer, because of withdrawal or any other reason,has any right or interest in the HCP Account because of its nature as a rate stabilization fund. In the event any Participating Employer withdraws from the Health Care Program,its Participating Employees,their covered dependents and other beneficiaries and any Consolidated Omnibus Budget Reconciliation Act of 1985 as amended(COBRA)participants and contract personnel and dependents approved by the Board of Trustees, shall forfeit all right and interest to the HCP Account. 74234347.6 0053138-00001 8 4 EXHIBIT A ARTICLE 14 TERMINATION OF HEALTH CARE PROGRAM 14.1 In the event the Health Care Program is terminated,the Board of Trustees shall distribute the remaining funds in the HCP Account to the Trust or any successor association authorized by Chapter 39.34 RCW for like put-poses for use in any program with similar purposes. 14.2 Upon termination,this Agreement and the HCP Account shall continue for the purpose of paying remaining outstanding claims and expenses and fulfilling all other functions necessary to complete the business of the Health Care Program. ARTICLE 15 MEETINGS,NOTICES AND COMMUNICATIONS 15.1 The Board of Trustees and the EBAC, if any responsibilities for Trust management have been delegated thereto, shall provide notice of their regular and special meetings and hold their meetings in accordance with Chapter 42.30, RCW Open Public Meetings Act. 15.2 Communications with Participating Employers may occur using mail, email or posting on the Health Care Program website. The website shall be partitioned to provide information for the general public and information specific to Participating Employers and their employees. 15.3 Communications may come directly from the Health Care Program,through the Third-Party Administrator or through another vendor on behalf of the Health Care Program. ARTICLE 16 AMENDMENTS TO INTERLOCAL AGREEMENT 16.1 The Board of Trustees shall review and analyze any proposed amendment to this Agreement. An amendment may be proposed for review by any party to this Agreement. 16.2 The Board of Trustees upon its discretion may take action by resolution on any amendment at any regular meeting of the Board of Trustees. ARTICLE 17 PROHIBITION ON ASSIGNMENT 17.1 No Participating Employer may assign any right or claim ofinterest it may have under this Agreement. 74234347.6 0053138-00001 9 4 EXHIBIT A 17.2 No creditor, assignee or third-party beneficiary of any employer shall have the right, claim or title to any party, share, interest,premium or asset of the Trust,HCP Account or the Health Care Program. ARTICLE 18 HEALTH CLAIM DISPUTES AND APPEALS In the event that a dispute arises over a health claim,the procedures,adjudication requirements and administrative remedies shall be found in the Health Care Program's plan document applicable to the Health Care Program covering the claimant. ARTICLE 19 PLAN ADMINISTRATION DISPUTES AND APPEALS 19.1 In the event that a dispute arises between a Participating Employer and the Health Care Program,the Participating Employer shall document the circumstances causing the dispute and submit a written request for review of the disputed circumstances to the Board of Trustees. Upon review of such information,the Board of Trustees shall attempt to resolve the dispute. 19.2 If the Board of Trustees' resolution to the dispute is deemed unsatisfactory, then alternative dispute resolution through mediation or binding arbitration may be necessary. ARTICLE 20 ENFORCEMENT OF TERMS OF AGREEMENT 20.1 The Board of Trustees may enforce the terms of this Agreement. 20.2 In the event legal action is initiated to enforce any term or provision of this Agreement against any present or previous Participating Employer, the prevailing party shall receive such reimbursement of costs as the court deems reasonable for attorneys' fees and costs related to the relevant legal action. ARTICLE 21 DEFAULT 21.1 If any Participating Employer fails to perform any term or condition of this Agreement and such failure continues for a period of sixty (60) days after the Board of Trustees has given the Participating Employer written notice describing such failure,the Participating Employer shall be considered in default. 21.2 Upon default,the Board of Trustees may immediately cancel the Participating Employer's participation in the Health Care Program without additional notice or exercise some other remedy otherwise provided by law. 74234347.6 0053138-00001 10 EXHIBIT A 21.3 The rights and remedies of the Board of Trustees are cumulative in nature and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver ofany other remedies available hereunder or otherwise available by law. ARTICLE 22 NO WAIVERS No waiver or forbearance of a breach of any covenant,term, or condition of this Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of the same or of any other covenant,term or condition, and the acceptance of any performance hereunder, or the payment of any sum of money after the same has become due or at a time when any other default exists hereunder,shall not constitute a waiver or right to demand payment of all sums owing or a waiver of any other default then or thereafter existing. ARTICLE 23 CONTRACT MANAGEMENT The Health Care Program shall designate a person to whom the State Risk Manager shall forward legal process served upon the Risk Manager; The AWC Chief Executive Officer designee or successor). The Health Care Program Director shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. ARTICLE 24 SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions ofthis Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose ofthis Agreement, and to this end the provisions of this Agreement are declared to be severable. ARTICLE 25 COUNTERPART COPIES This Agreement may be signed in counterpart or duplicate copies and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. 74234347.6 0053138-00001 11 EXHIBIT A ARTICLE 26 HEADINGS The Article and Section headings in this Agreement are inserted for convenience only and are not intended to be used in the interpretation of the contents of the Articles and Sections they introduce. ARTICLE 27 AGREEMENT COMPLETE This Agreement and the documents referenced herein contains all the terms and conditions agreed to by the parties. No other understandings, oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties hereto. Signature page follows] 74234347.6 0053138-00001 12 I EXHIBIT A IN WITNESS WHEREOF,the undersigned parties have executed this Agreement. Association of Washington Cities Participating Employer Employee Benefit Trust r Signature Signature: Name: Michael A. McCarty Name(print): Title: Chief Executive Officer Title: Date: 4._<...4 41 3 0, „1-61/-s Date: o Effective Date: January 1, 2014 74234347.6 0053138-00001 13 Medina City Council Regular Meeting ITEM CA-7 Monday, October 14, 2013 AGENDA BILL Authorizing the Mayor to sign letter of support for work to be done under Subject: a GMA grant Cate o Consent Ordinance El Public Hearing9ry: City Council Business 7 Resolution Other— Discussion Prepared By: Robert J. Grumbach, AICP Summary: The Washington State Department of Commerce is awarding grants to assist local jurisdictions with meeting the state mandate for reviewing and updating comprehensive plans and development regulations. According to the Growth Management Act, Medina is required to complete this review and updating work by June 30, 2015. The City is allocated a grant award of$10,000 to be used during the 2013-15 Biennium fiscal period. The funds are distributed as reimbursement for work performed by the City based on performance under the grant contract and completion of actions and deliverables outlined in the scope of work. To be eligible to receive the grant funds, the City must complete a grant application and provide a letter signed by the mayor supporting the work to be done under the grant. Staff developed a scope of work under the grant and a copy of the grant application is attached. The scope of work includes an outline of the work program and schedule, and the estimated costs. These costs include estimated in-kind contribution from the City for FTE staff and materials. It is worth noting that the grant funds will be used by the City to primarily offset some of the costs for public outreach and information and have been included in the 2014 proposed budget. Attachments: 1. Draft Letter of support 2. Application Material Budget/Fiscal Impact: 10,000 revenue Staff Recommendation: prove City Manager Approval: Mov to approve a motion authorizing the Mayor to sign a Proposed Council Motion: letter supporting work to be done under the GMA grant cv° f MEo,4, CITY OF MEDINA 501 Evergreen Point Road, Medina WA 98039 425.233.6400 (phone) 425.451.8197 (fax) www.medina-wa.gov 4sHn j' October 14, 2013 Washington State Department of Commerce Growth Management Services Attn: Grants Team Post Office Box 42525 Olympia, WA 98504-2525 Re: Letter of Support for GMA Grant Funds Dear Grants Team, On behalf of the Medina City Council I am writing this letter in support of the work to be done as funded by the 2013-15 Growth Management Update grant. The funds from this grant will aid the City in conducting its review and updating of its comprehensive plan and development regulations. If you have any questions, please do not hesitate to contact the City. Sincerely, Michael Luis, Mayor City of Medina Part III: APPLICATION This form is used to apply for a GMA Update Grant from Commerce. Be sure to answer each question clearly and with sufficient detail. Information on how to address the questions can be found above in Part II (Application Instructions) of this Update Grant Application Manual. For additional information or questions, please contact the GMA Update Grant Coordinator at (360) 725-3048. You may choose to return the entire application or just this Part III portion when completed. However, be certain that you fully complete and submit Part III Application (pgs. 11-14). Two items required to be submitted with your application are: 1) A completed grant application (Part III Application); and (2) A letter of support from the mayor (for cities and towns); or the county executive or the chair of the board of county commissioners (for counties), supporting the work to be done as funded by this grant. Section 1 : Proposal Request Please give a brief description of your grant proposal. (50 words or less) Review the Medina Comprehensive Plan and development regulations and update as necessary for consistency with the residents vision of the community and changes to the Growth Management Act. Medina is a built-out low-density residential community with a stable population that has changed by less than 0.5% since 1990. The review of the comprehensive plan will include identifying housekeeping items that need updating to reflect current conditions. The funds from the grant will be used for notification and public outreach efforts and to utilize a planning consultant as needed. Section 2: Jurisdiction Information Applying Jurisdiction City of Medina Joint Applicants NA Project Manager Name Robert J. Grumbach Title Director Department Development Services Mailing Address 501 Evergreen Point Road City Medina State WA Zip Code 98039 Telephone Number 425 233-6413 Fax Number 425 451-8197 Email rgrumbach@medina-wa.gov Do you wish to receive information and materials via email? Yes © No Financial Contact If different than Project Manager) Name Same as project manager Title Department Mailing Address City State Zip Code Telephone Number Fax Number Email Federal Tax Identification Number 91-6010170 Statewide Vendor (SWV) Number 0033652-00 Grant Application Overview& Instructions for Update Grants Page 2 of 5 rev 08.13 Section 3: Eligibility Requirements 3.1 Does your jurisdiction(s) have an adopted comprehensive plan, critical areas ordinance and/or, where applicable, a natural resources lands ordinance? YES I NO 3.2 Has your jurisdiction(s) adopted other necessary development regulations under the GMA, including ordinances for subdivision of land, controls on the location and intensity of development (i.e., zoning code) and critical areas? E YES n NO Section 4: Statement of Work This section provides information about the project, its proposed schedule and the final product it will generate. The applicant must prepare the following "Statement of Work", which will be examined in detail during the grant review process. It will become part of a contract if the grant is awarded. Applicants are not limited to the number of lines represented on the grant application form. Additional lines will most likely be necessary. Goals/ Actions/ Description Timeline Deliverables Goal 1 Initial public outreach to determine scope of Jan. 1, 2014 to Apr. 26, 2014 work Action 1.1 Open house/ public noticing By May 31, 2014 Action 1.2 Planning Commission review of initial public By May 31, 2014input Goal 2 Develop Scope of Work for Update Review existing comprehensive plan and Action 2.1 development regulations By July 31, 2014 Commerce Checklist Deliverable Develop Scope of Work By July 31, 2014 Goal 3 Develop Planning Commission Aug. 1, 2014 to Mar. 30, 2015Recommendation Analyze collected data and review of Action 3.1 comprehensive plan elements to generate Aug. 1 to Jan. 27, 2015 amendments to the comprehensive plan Action 3.2 Present recommended amendments to Jan. 27, 2015PlanningCommission Action 3.3 Open house/ Public Information Jan. / Feb. 2015 Action 3.4 Prepare notices, distribute information and Feb./ Mar. 2015conductpublichearings Grant Application Overview&Instructions for Update Grants Page 3 of 5 rev 08.13 Action 3.5 Make changes to amendment package per planning commission recommendations Action 3.5 Planning Commission Recommendation to City Council Deliverable Planning Commission Recommendation on April 28, 2015ComprehensivePlanamendments Goal 4 City Council Action on Planning Commission May 14, 2015Recommendation Action 4.1 Present Planning Commission May 14, 2015recommendationtoCityCouncil Action 4.2 Prepare notices, distribute information and May 14/ Jun. 9, 2015conductpublichearings Action 4.3 Final comprehensive plan amendments Jun. 30, 2015 Deliverable Grantee has completed action to update the Jun. 30, 2015 comprehensive plan Section 5: Financial Information/Proposed Budget This section provides information about the project's cost, other funding sources, and the resources that would be committed by your jurisdiction. Table 1 SFY2014* SFY2015 7/1/2013 to 6/30/2014) (7/1/2014 to 6/30/2015) Expenses Salaries and Benefits 45,000 35,000 Goods and Supplies 500 500 Professional Services 6,000 4,000 Other Goods and Services 1,000 3,000 Total Expenses** 52,500 42,500 Table 2 SFY2014 SFY2015 7/1/2013 to 6/30/2014) (7/1/2014 to 6/30/2015) Revenues Department of Commerce Grant Funds 5,000 5,000 Other Funds 47,500 37,500 Total Revenues** 52,500 42,000 Grant Application Overview& Instructions for Update Grants Page 4 of 5 rev 08.13 The State Fiscal Year(SFY) is July 1 to June 30, and this may differ from the jurisdiction's fiscal year. Estimated Expenses must match the Total Revenue, or estimated sources of funds, for each fiscal year. For example,under the SFY2014 column, the "Total Expenses" field in Table 1 must equal the "Total Revenues" field in Table 2. Grant Application Overview&Instructions for Update Grants Page 5 of 5 rev 08.13 Medina City Council Meeting ITEM PH-1/0B-2 Monday, October 14, 2013 AGENDA BILL Subject: Ordinance on 2014 Utility Tax Rate Cate o 111 Consent Ordinance Public Hearing9ry: City Council Business Resolution Other— Discussion Prepared By: Nancy Adams, Finance Director Summary: 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 businesses, electric utilities, natural gas, sewer utility, solid waste and cable service operators. The proposed 2014 budget contains a revenue assumption that includes utility tax rates at the four percent. To include this revenue assumption in the budget, an amendment to the City Code is required. The proposed ordinance extends the collection of utility taxes for another year with a new expiration date of January 31, 2015. Without the amendment, collection of utility taxes will go down to zero on January 31, 2014. 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 4% equals $321,710Impact: Staff ApproveRecommendation: City Manager Approval: Motion to adopt an ordinance amending Section 5.04.030 of the Medina Proposed Municipal Code to extend the utility tax rate of four percent with a new Council Motion: expiration date of January 31, 2015. ITEM PH-1/0B-2 CITY OF MEDINA, WASHINGTON Ordinance No. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTIONS 5.04.030 OF THE MEDINA MUNICIPAL CODE RELATING TO UTILITY TAXES EXTENDING THE UTILITY TAX RATE REDUCTION FROM FOUR PERCENT TO ZERO PERCENT, TO JANUARY 31, 2015; PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE OF JANUARY 14, 2014 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 percent utility tax rate upon gross revenues derived from telephone and telegraph businesses, 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, the City Council approved Ordinance No. 893 increasing the utility tax rate upon gross revenues to four percent, but reduced the four percent annual tax rate to zero on January 31, 2014; 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, 2014 by extending the time period for reduction in the tax rate until January 31, 2015; 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 not 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 PH-1/0B-2 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: 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 every person engaging in or carrying on telephone business there shall be levied a tax equal to four percent of the total gross income derived from the operation of such business in the city. In computing the tax imposed under this subsection, there shall be deducted from total gross income the amounts derived from transaction in interstate or foreign commerce and any amounts upon which the city is prohibited from imposing such tax under the Constitution or laws of the United States or the Constitution or laws of the state of Washington. 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 four 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 four 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 four 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 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 four percent of the total gross revenue derived from solid waste collection, transportation, or disposal within the city. F. 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 four 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. G. Leasehold Excise Tax. Pursuant to the authorization of RCW 82.29A.040, from and after 12:01 a.m. on January 8, 2011, there is hereby imposed a leasehold excise tax on the act or privilege of occupying or using publicly owned real or personal property within the city, through a leasehold interest as defined in RCW 82.29A.020. The tax shall be paid, collected, and remitted to the Washington State Department of Revenue at the time and in the manner prescribed in RCW 82.29A.050, as it now exists or may hereafter be amended. The rate of the leasehold excise tax imposed shall be four percent of the taxable rent, as defined in RCW 82.29A.020(2) as it now exists or may hereafter be amended; provided, that the credits specified in RCW 82.29A.120, as it now exists or may hereafter be amended, shall be allowed in determining the tax payable. Leasehold interests exempted by Chapter 82.29A RCW, as it now exists or may 2 of 3 ITEM PH-1/0B-2 hereafter be amended, shall be exempt from the leasehold excise tax imposed pursuant to this section. The annual tax rate of four percent of the total gross income shall be reduced to zero on January 31, ((2011)) 2015. 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 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 on January 14, 2014. ENACTED BY THE CITY COUNCIL ON THIS DAY OF 2013 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF 2013. Michael Luis, Mayor Approved as to form: Attest: Kari Sand, City Attorney Aimee Kellerman, Deputy City Clerk 3 of 3 Medina City Council Meeting ITEM PH-2/0B-3 Monday, October 14, 2013 AGENDA BILL Subject: 2014 Preliminary Budget Cate o Consent Ordinance Public Hearing9ry: City Council Business Resolution Other— Discussion Prepared By: Nancy Adams, Finance Director Summary: 2014 Preliminary Budget: The 2014 Preliminary Budget is included in the City Council Packet and includes: 2014 Comparative Summary by Fund 2014 Budget Detail for Revenue and Expense A 2014 Council Study Session was held on September 23rd, 2013. The Council provided policy direction and 2014 Budget input which has been incorporated into the October 14, 2013 Preliminary Budget. 2014 Budget Assumptions: 1% Property Tax increase, plus new construction Sales Tax Revenue similar to 2013 Utility Tax and Franchise Fees of 4% Wireless Facility Lease Revenue expanded to include City Hall Flagpole Transfer of$270K in Real Estate Excise Tax Capital for Street Operations Cost of living increase based on existing bargaining unit contract proposals (2.6%) Fully staffed Police Department Park Board Maintenance Projects Capital Projects as outlined in 2014 CIP list Attachment: 2014 Preliminary Budget Budget/Fiscal Input only, no monetary impact at this timeImpact: Staff None—Council direction requiredRecommendation: City Manager Approval: Proposed Not Applicable Council Motion: 4 of Mf"xti ITEM OB-4 MEDINA CITY COUNCIL 2013 AGENDA/ACTION CALENDAR Meetings scheduledfor 6:30 pm,at City hall(unless noticed otherwise). JANUARY 14,City Council Special Meeting,6:00 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(i) Sand Completed. JANUARY 14,City Council Regular Meeting,6:30 pm Item Type Topic Presenter Council Action Consent Agenda 2013 ARCH Workplan and Budget Hanson Approved.(Vote 7-0) Consent Agenda 2013 ARCH Trust Fund Resolution Hanson Resolution No.362 approved.(Vote 7-0) Approval of Evergreen Point Road Sidewalk Consent Agenda Transportation Improvement Board (TIB)Grant Willis Approved.(Vote 7-0) Other Business Draft 2013 Legislative Agenda Hanson Approved.(Vote 7-0) Other Business Work Plan Presentation:Planning Commission Grumbach Approved.(Vote 7-0) Non-binding Statement of Interest for Updated Solid Waste Interlocal Agreement Between King County and Other Business the Cities Hanson Approved.(Vote 7-0) Other Business 2013 Meeting Schedule Hanson Completed. Other Business Tax Revenue Source Discussion Boyd Completed. Motion approved 5-2(D.Lee&J.Lee Other Business Reconsideration of City Manager 2013 Compensation Boyd opposed) JANUARY 28,City Council Study Session,6:30 pm Item Type Topic Presenter Council Action Discussion Long Range Visioning Completed. FEBRUARY 11,City Council Special Meeting, 5:45 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(i) Sand Completed. FEBRUARY 11,City Council Regular Meeting,6:30 pm Item Type Topic Presenter Council Action Recognize Outgoing Park Board Members Kochel, Presentation Michel Mayor Completed. Reports 2012 Financial Year End Report Adams Completed. Consent Agenda Consultant Agreement for Roth Hill-Engineering Grumbach Approved(Vote,7-0). Consent Agenda_ Consultant Agreement for Pace Engineers-CMP Grumbach Approved(Vote,7-0). Consent Agenda Consultant Agreement for OTAK-Planning Grumbach Approved(Vote,7-0). Consent Agenda Consultant Agreement for OTAK-Landscaping Grumbach Approved(Vote,7-0). Consent Agenda Police Vehicle Purchase Thomas Approved(Vote,7-0). Other Business 2013 Work Plan Presentation:Emergency Committee Thomas Approved(Vote,7-0). Other Business Architect Agreement-City Shop Design Willis Tabled to March 11. Other Business Jet Noise/Part 150 Consultant Agreement Hanson Approved(Vote,7-0). Other Business Letter of Intent-King Co Hazard Mitigation Planning Thomas Approved (Vote,7-0). Mfp,y ITEM OB-4 MEDINA CITY COUNCIL 2013 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm,at City hall(unless noticed otherwise). MARCH 11,City Council Regular Meeting,6:30 pm Item Type Topic Presenter Council Action Presentation Recognize Outgoing Planning Commissioner O'Brien Mayor Completed. Consent Agenda Approval to Surplus Police Vehicle Thomas Approved,5-0(D. Lee&Phelps absent) Consent Agenda Purchase of Equipment for NPDES Implementation Willis Approved,5-0(D.Lee&Phelps absent) Other Business 2013 Work Plan Presentation:Park Board Willis Approved,5-0(D.Lee&Phelps absent) Other Business Architect Agreement-City Shop Design Willis Approved,5-0(D.Lee&Phelps absent) Other Business DOT Funding Package Discussion held. APRIL 8,City Council Special Meeting, 6:00 pm Item Type Topic Presenter Council Action Executive Session RCW 42.310.110(1)(i) Sand Discussion held and continued. APRIL 8,City Council Regular Meeting,6:30 pm Item Type Topic Presenter Council Action Consent Agenda Approval of Arbor Day Proclamation Willis Approved,6-0(Dicharry Absent) Confirmation of Appointments to Planning Reeves and Garone appointed to positions 3 Consent Agenda Commission,Positions 3,7 Mayor and 7. Other Business Approval of Picnic Shelter Installation at Medina Park Willis Approved,6-0(Dicharry Absent) Authorize Call for Bids for 80th Ave NE Overlay&EPR Other Business Sidewalk Improvement Project Willis Approved,6-0(Dicharry Absent) Other Business Adoption of 2013 Budget Amendment Ordinance Adams Approved,6-0(Dicharry Absent) Executive Session RCW 42.310.110(1)(i) Sand Discussion held. Executive Session RCW 42.310.110(1)(g) Sand Discussion held. APRIL 10,City Council Special Meeting,4:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(g) Sand Meeting Cancelled. APRIL 22,City Council Study Session,6:30 pm Item Type Topic Presenter Council Action Discussion Zoning Code Update Grumbach Completed. Discussion Shoreline Master Program Grumbach Completed. Discussion Quorums at Advisory Meetings Discussion Grumbach Completed. MAY 13,City Council Special Meeting,6:00 pm Aem Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(i) Sand Completed. y of Mfn ITEM OB-4 MEDINA CITY COUNCIL 2013 AGENDA/ACTION CALENDAR Meetings scheduledfor 6:30 pm,at City hall(unless noticed otherwise). MAY 13,City Council Regular Meeting,6:30 pm Item Type Topic Presenter Council Action Presentation King County Solid Waste Service Guest Completed. Presentation AWC WeliCity Award of Achievement Hanson Completed. Proposed Ordinance Regarding Board and Commission Consent Agenda Quorums Grumbach Ordinance 898 Adopted(vote 7-0) Receive PC Recommendation and Set Public Hearing Consent Agenda for Zoning Code Update Grumbach Public Hearing Set 06/10/2013. Other Business Draft Six-Year CIP/TIP(2014-2019)Introduction Willis Public Hearing Set 06/10/2013. Award Bid for 80th Ave NE Overlay&EPR Sidewalk Other Business Improvement Project Willis Approved. Other Business Building Code Update Introduction Grumbach Public Hearing Set 06/10/2013. Other Business Solid Waste Interlocal Agreement Sand Discussion held. Motion to Allocate$15,000 to Consultant Other Business Jet Noise Consultants Hanson Contracts Approved(vote 7-0). JUNE 10,City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Thomas/ Presentation Lifeguard Program Crum Completed. Proclamation Recognizing Childhood Cancer Week Consent Agenda (6/23-6/29) Mayor Approved.(Vote 6-0;D.Lee Absent) Ordinance No.899 Adopted.(Vote 6-0;D. Consent Agenda Ordinance Adopting 2012 State Building Codes Grumbach Lee Absent) Consent Agenda ALPR Camera Project Acceptance Willis Accepted.(Vote 6-0;D.Lee Absent) Drew Blazey Appointed to Position#5.(Vote Consent Agenda Park Board Appointment Mayor 6-0;D.Lee Absent) Public Hearing Draft Six-Year CIP/TIP(2014-2019) Willis Completed. Public Hearing Comprehensive Zoning Code Update Grumbach Completed. Other Business Ordinance Adopting Zoning Code Updates Grumbach Amended and Action Scheduled 7/8/13. Other Business Authorization to go to Bid for Public Works Shop Willis Approved.(Vote 6-0;D.Lee Absent) Motions Passed Unanimously Per Agenda Other Business DOE Conditional Approval of Medina's SMP Grumbach Bill.(Vote 6-0;D.Lee Absent) Resolution No.363 Approved.(Vote 4-2;D. Other Business Resolution-City Hall Hours 7/5/2013 Phelps Lee Absent) JUNE 24,City Council Study Session,Time TBD Item Type Topic Presenter Council Action Discussion Medina Days Fireworks Contract Hanson Completed Joyce Nichols City of Discussion Solid Waste Options Bellevue Completed. Executive Session RCW 42.30.110(1)(i) Sand Completed. JUNE 26,City Council Study Session, 5:00 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(i) Sand Completed. Proposed Draft Separation Release Agreement Approved 5-1(D.Lee opposed,J. Action City Manager Agreement Mayor Lee absent) o1 MEo/ 29 ITEM OB-4 MEDINA CITY COUNCIL 2013 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm,at City hall(unless noticed otherwise). JULY 1,City Council Study Session,6:00 pm Item Type Topic Presenter Council Action Discussion City Manager Search Process Council Completed. JULY 8,City Council Special Meeting,6:15 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(g) Long Completed. JULY 8,City Council Regular Meeting, 6:30 pm Item Type Topic Presenter Council Action Presentation Accreditation Award Guest Completed. Presentation Recognition of Outgoing Volunteers Mayor Completed. Appointment or r<ooert urumoacn to interim Lay Presentation Manager Mayor Completed. Consent Agenda Adoption of Six-Year CIP/TIP and Resolution Willis Approved. Susan Flagg&Gabriele Dickmann Re- Consent Agenda Confirmation of Appointments to Park Board Mayor Appointed to Positions 1&4 Confirmation of Appointments to Planning Heija Nunn Re-Appointed to Position 1& Consent Agenda Commission Mayor Shawn Schubring Appointed to Position 5 Confirmation of Appointment to Civil Service Consent Agenda Commission Mayor Anthony Shapiro Re-Appointed to Position 3 Public Hearing SMP/DOE Conditional Approval Grumbach Completed. Discussion held.Motion approved to approve some conditions and to create Other Business SMP/DOE Conditional Approval Grumbach advisory committee Other Business Ordinance Adopting Zoning Code Updates Grumbach Ordinance 900 Adopted. Other Business Discuss Interim CM RFP Process Mayor Completed. JULY 16,City Council Special Meeting, 2:00 pm Item Type Topic Presenter Council Action Presentations Recruiting Firm Presentations n/a Completed. JULY 22,City Council Study Session,6:00 pm Item Type Topic Presenter Council Action Discussion 2013&2014 Annual Budget Discussion/Planning Adams Completed. Discussion City Manager Recruitment Discussion Completed. Executive Session RCW 42.30.110(1)(g) Sand Completed. AUGUST 12,City Council Regular Meeting,6:30 pm Item Type Topic Presenter Council Action Early Public Input for Preparation of Draft Preliminary Public Hearing 2014 Annual Budget Adams Completed. Proposed Ordinance Amending MMC 10.40, Parking Adopted Ordinance No.901(Vote 6-0,JL Consent Agenda Infractions Thomas Absent) Adopted Ordinance No.902(Vote 6-0,JL Consent Agenda Proposed Ordinance Amending MMC 2.40,Park Board Willis Absent) Consent Agenda MOA Btwn City and Teamsters Grumbach Approved. Consent Agenda ETP Agreement Grumbach Approved. Motion to Engage Services of Colin Other Business City Manager Recruitment Services Agreement Grumbach Baenziger&Associates Executive Session RCW 42.30.110(1)(g) Sand Completed. 4,1osmco,ITEM OB-4 MEDINA CITY COUNCIL 2013 AGENDA/ACTION CALENDAR Meetings scheduled for 6:30 pm,at City hall(unless noticed otherwise). SEPTEMBER 9,City Council Special Meeting,5:30 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(i) Rubstello Completed Executive Session RCW 42.30.110(1)(i) Sand Completed SEPTEMBER 9,City Council Regular Meeting 6:30 pm Item Type Topic Presenter Council Action Consent Agenda Recovery Month Proclamation Mayor Approved. Discussion Held.Public Hearing Scheduled Other Business 2014 Preliminary Budget-Draft Adams 10/14. Other Business Ecology SMP Conditional Approval Follow-Up Grumbach Discussion held. SEPTEMBER 23,City Council Study Session 6:00 pm Item Type Topic Presenter Council Action Executive Session RCW 42.30.110(1)(i) Sand Discussion Draft 2014 Preliminary Budget Adams OCTOBER 14,City Council Regular Meeting,6:30 pm Item Type Topic Presenter Council Action Consent Agenda Resolution&Interlocal Agreement Concerning AWC Grumbach Consent Agenda Letter of Support on GMA Grant Grumbach Public Hearing 2014 Preliminary Budget Adams Public Hearing Utility Tax Ordinance Adams Other Business Sound Cities Presentation Grumbach Other Business 2014 Utility Tax Ordinance Adams Other Business 2014 Preliminary Budget Adams Other Business City Council Agenda Calendar Grumbach OCTOBER 28,City Council Study Session,TBD IIpm Type Topic Presenter Council Action scussion 2014 Preliminary Budget Executive Session RCW 42.30.110(1)(g) Sand NOVEMBER 12(Tuesday),City Council Special Meeting,6:30 pm Item Type Topic Presenter Council Action Consent Agenda Resolution Adopting Fee Schedule Update Consent Agenda Resolution Approving 2014 NORCOM Budget Allocation Public Hearing 2014 Property Tax Levy Other Business Adoption of 2014 Property Tax Levy and Resolution Adoption of 2014 Annual Budget,Ordinance and Other Business Salary Schedule Other Business Ecology SMP Conditions Approved DECEMBER 9,City Council Regular Meeting,6:30 pm Item Type Topic Presenter Council Action