HomeMy WebLinkAbout06-12-2017 - Agenda Packet MEDINA CITY COUNCIL MEETING
Monday, June 12, 2017
6:30 PM - REGULAR MEETING
AGENDA
Cynthia Adkins, Council Member
Patrick Boyd, Council Member
David Lee, Council Member
John Maffei, Council Member
Alex Morcos, Council Member
Curt Pryde, Council Member
Sheree Wen, Council Member
MEDINA, WASHINGTON
MEDINA CITY COUNCIL
REGULAR MEETING AGENDA
Medina City Hall, Council Chambers
501 Evergreen Point Road, Medina
Monday, June 12, 2017
6:30 PM
MAYOR
ALEX MORCOS
CITY MANAGER
MICHAEL SAUERWEIN
DEPUTY MAYOR
SHEREE WEN
CITY ATTORNEY
KATHLEEN J. HAGGARD
COUNCIL MEMBERS
CYNTHIA ADKINS
PATRICK BOYD
DAVID LEE
JOHN MAFFEI
CURT PRYDE
CITY CLERK
AIMEE KELLERMAN
AGENDA
1. REGULAR MEETING - CALL TO ORDER
Council Members Adkins, Boyd, Lee, Maffei, Morcos, Pryde and Wen
2. PLEDGE OF ALLEGIANCE
The Mayor will lead the Pledge.
3. APPROVAL OF MEETING AGENDA
4. PRESENTATIONS
4.1 Swearing in of new Police Officer, Mathew Kelly.
4.2 Recognition to Public Works Maintenance Supervisor, Pat Crickmore for 25 years of service to the City and Public Works Maintenance Worker, Dave Stifler for 20 years of service to the City.
4.3 State Senator Patty Kuderer, Representative Patty Mcbride, and Representative Vandana Slatter will provide an update from the legislature.
4.4 Seattle Police Harbor Patrol will provide an update to Council on waterfront patrol.
5. PUBLIC COMMENT PERIOD
At this time, citizens may address the City Council regarding any issue on the council agenda and any non-agenda items 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.
6. BOARDS AND COMMISSIONS REPORTS
6.1 Advisory Boards/Commissions/Committees
7. CITY MANAGERS REPORT
7.1 Department Directors Report: Police, Development Services, Finance, City Clerk, and
Public Works.
8. CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
8.1 Subject: April 17, 2017 Approved Park Board Meeting Minutes
Recommendation: Receive and file.
Staff Contact: Sunita Hall, Deputy City Clerk
8.2 Subject: April 25, 2017 Approved Planning Commission Meeting Minutes.
Recommendation: Receive and file.
Staff Contact: Kristin McKenna, Development Services Coordinator
8.3 Subject: May 8th, 2017 City Council Draft Meeting Minutes
Recommendation: Adopt Minutes.
Staff Contact: Aimee Kellerman, City Clerk
8.4 Subject: May 2017, Check Register
Recommendation: Approve.
Staff Contact: Julie Ketter, Acting Finance Director
8.5 Subject: Youth Membership on Parks Board
Recommendation: Adopt Ordinance No. 946.
Result of Recommended Action: Adoption of this ordinance will confirm appointments
to a Youth Advisory to Park Board.
8.6 Subject: Appointment Confirmations and Reappointment to the Medina Park and Recreation Board, Civil Service Commission, and Planning Commission
Recommendation: a) Confirm the appointment of Gretchen Stengel to Position 1, reappoint Penny Martin to Position 3 and Gabriele Dickmann to Position 4 of the Park and Recreation Board.
b) Confirm the appointment of Daniel Sherzer as the Youth Advisor to the Park and Recreation Board for a term of one year.
c) Confirm the reappointment of John Bell to Position 1 and the appointment of William Kinzel to Position 3 of the Civil Service Commission.
d) Confirm the appointment of Laurel Preston to Position 1 and reappoint Shawn Schubring to position 5 of the Planning Commission.
Result of Recommended Action: Action on this item will fill all open and upcoming vacancies on the Park and Recreation Board and the Planning Commission for a four -year term beginning July 1, 2017 and expires on June 30, 20121; with the exception of the Youth Advisory appointment, which is set for term of one year, beginning July 1, 2017 and expires June 30, 2018. The Civil Service Commission appointments are set
for six years beginning on July 1, 2017 and expires on June 30, 2023.
8.7 Subject: Ordinance Adopting Puget Sound Energy Franchise
Recommendation: Adopt Ordinance No. 947.
Staff Contact: Michael Sauerwein, City Manager
9. OTHER BUSINESS
9.1 Subject: Adoption of Ordinance Amending Chapter 2.04 of the Medina Municipal Code - City Council Guidelines
Recommendation: Adopt Ordinance No. 948.
Result of Recommended Action: Adoption of this ordinance will revise Chapter 2.04 of the Medina Municipal Code related to Council Meetings and approve the revised City Council Guidelines.
9.2 Subject: City Council Agenda Calendar
Recommendation: Discussion item only; no action needed.
Result of Recommended Action: Council and staff will review upcoming meetings and make necessary changes as needed.
Staff Contact: Michael Sauerwein, City Manager
10. PUBLIC HEARING
10.1 Subject: Adoption of Ordinance No. 945 - Repeal and Readopt Sign Code
Recommendation: Staff recommends discussion at this meeting and action at the July
meeting.
Result of Recommended Action: Adoption of this ordinance will update the City's sign regulations to be consistent with case law and the community's character.
Staff Contact: Robert Grumbach, Development Services Director
11. PUBLIC COMMENT
Comment period limited to ten minutes. Speaker comments limited to one minute per person.
12. ADJOURNMENT
ADDITIONAL INFORMATION
Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Medina City Hall.
The agenda items are accessible on the City’s website at www.medina-wa.gov on Thursdays or Fridays prior to the Regular City Council Meeting.
Monday, June 26, 2017 City Council Study Session - Cancelled
Tuesday, July 4, 2017 Independence Day - City Hall Closed
Monday, July 10, 2017 City Council Regular Meeting - (6:30 PM)
Monday, July 24, 2017 City Council Study Session - Tentative (6:30 PM)
Monday, August 14, 2017 City Council Regular Meeting - (6:30 PM)
Monday, August 28, 2017 City Council Study Session - Tentative (6:30 PM)
Monday, September 4, 2017 Labor Day - City Hall Closed
Monday, September 11, 2017 City Council Regular Meeting - (6:30 PM)
Monday, September 25, 2017 City Council Study Session - 2018 Budget (5:30 PM)
Monday, October 9, 2017 City Council Regular Meeting - (6:30 PM)
Monday, October 23, 2017 City Council Study Session - Tentative (6:30 PM)
Friday, November 10, 2017 City Hall Closed in Observance of Veterans Day
Monday, November 13, 2017 City Council Regular Meeting - (6:30 PM)
Thursday and Friday, November 23 -
24, 2017
Thanksgiving and Day After Thanksgiving - City
Hall Closed
Monday, November 27, 2017 City Council Study Session - Tentative (6:30 PM)
Monday, December 11, 2017 City Council Regular Meeting - (6:30 PM)
Monday, December 25, 2017 Christmas Day - City Hall Closed
In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to
the meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Aimee Kellerman, City Clerk for the City of Medina, declare that the foregoing agenda for the Monday, June 12, 2017 Regular Meeting of the Medina City Council was posted and available for review on Thursday, June 8th, 2017 at City Hall of the City of Medina, 501
Evergreen Point Road, Medina, WA 98039. The agenda is also available on the city website at www.medina-wa.gov.
Signed Friday, June 9, 2017 at Medina, Washington.
__________________________
Aimee Kellerman, City Clerk
Medina Park Board
Memo
To: Medina City Council
From: Drew Blazey/Chair
cc:
Date: June 12, 2017
Re: Park Board Items for CC Consideration
This will be a written report to supplement any oral report:
1.The Park Board would like to invite the City Council to our Park Celebration Daythat will be held on 24 June at 1:00 PM in Medina Park. We are planning ondemonstrating a bocce game, enjoying the new playground with an operable water
fountain and serving small treats. It should be fun!
2.Last month we discussed the beautification of Fairweather Park. Many thanks toour Public Works Dept. who pulled much of the ivy and removed a lot of theunnecessary brush. With T-Mobile dropping its suit and the anticipated removal of thetemporary cell tower, we can begin the process of beautifying this park. We will
discuss this project at our next PB meeting (12 June) and define a timeline.
3. At our May PB we discussed estimating the size and scope of the Medina ParkBoardwalk Project to determine overall feasibility. Ryan Osada, Dir. of PW, thoughtthe initial budget to do this preliminary design/cost would be $10-$15K and he put it2018 budget. We would like the Council to reconsider this budget item for 2017.
4. Kudos to Catey McGauran of our Public Works Dept. for doing such a great job
with the triangle at 84th Ave and Overlake Drive West (technically not a park) andViewpoint Point with the flowers and the bark. Best ever! Here are some pics:
AGENDA ITEM 6.1
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Figure 1 Triangle 84th Ave and Overlake Drive West
Figure 2 Viewpoint Park looking west
AGENDA ITEM 6.1
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CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
Date: June 12, 2017
To: Mayor and City Council
FR: Michael Sauerwein, City Manager
RE: City Manager Report
84th 24th – Draft Project Time Line
•Spring/Summer 2017 – Complete Project Design and Prepare Bid Documents
•4th Quarter 2017 Newsletter – Start Public Notification Process. Frequently Asked
Questions (Why are we doing this project? Who is paying for it? How long will it take?Are trees being removed? Are trees being replaced in accordance with the Medina TreeCode? Can we drive through it? Walk through it?)
•By January 2018 – Bid Project and Award the Contract
•1st Quarter 2018 Newsletter – Updated Frequently Asked Questions.
•March/April 2018 – Install Signs for West Bellevue Commuters (Bellevue Way 520Ramps). Notice in City of Bellevue Publications
•April 2018 – Open House on the Project (advertised with postcard)
•May 2018 – Project Construction.
Civil Service Commission
The Civil Service Commission filled two positions with Incumbent John Bell and new member William Kinzel. Bell has lived in Medina for 32 years, is an attorney, and has served on the commission the last two years. He is currently the chair of the commission and his knowledge
and experience aides in the critical decisions made by the Civil Service Commission.
William Kinzel is new to the Commission and has lived in Medina for 50 years. He practiced criminal and civil law for over 43 years before retiring in 2014. Kinzel experience in the legal field adds an asset to the commission and his expertise is welcomed.
AGENDA ITEM 7.0
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Evergreen Point Lids As we have previously discussed, the two-year maintenance period on the Evergreen Point Road 520 Lid ended May 31, 2017. Since your last Council Meeting, City Staff has taken the following actions:
May 31, 2017 – Walk Through Evergreen Point Lid with WSDOT and Contractor – City Staff participated in the walk-through to inspect the lid’s landscaping, maintenance, and irrigation systems. Any items of landscaping and irrigation work discovered in the field will be corrected within the following 30-day period (June 30, 2017)
June 1, 2017 – Meeting with Washington Secretary of Transportation Roger Millar – The Points Cities Mayors, City Administrators, and City Managers met with Secretary Millar to discuss maintenance of the three 520 Lids. The Cities were represented by our attorney Glen Amster. A summary of the meeting is attached. (Attachment 1)
Bid for Maintenance – To ascertain the true cost of maintaining the lids, City Staff contacted three landscaping firms. The low bids are attached. Please Note…the bids DO NOT include the cost of water for irrigation or electricity for lighting. City Staff is working with Bellevue Utilities and PSE to determine these costs. (Attachments 2, 3, 4)
To avoid the landscaping and grass on the Evergreen Point Lid from dying…City Staff will be watering the landscaping and mowing the grass on the Evergreen Point Lid while discussions proceed.
AWC Business Meeting City Clerk Aimee Kellerman recently emailed out information regarding the AWC Annual Conference. In conjunction with the Conference, the AWC Annual Business Meeting is scheduled for Thursday, June 22, 2017, from 4 to 5:45 pm, at the Hilton Vancouver Washington
Convention Center. The City Council can appoint up to 3 Members to serve as voting delegates
at the Business Meeting. 2016 City Manager Performance Review – 2017 Objectives Each month I will be giving a brief update on the status of each of these projects. Highlighted
sections are updated since the previous month.
• Aggressively manage the SR 520 expansion joints noise issue to achieve an agreeable
resolution
o Megeba has completed their analysis of the use of foam to reduce noise from the
520 expansion joint.
o Committee of the Whole (COW) meeting Wednesday, April 12, 2017 at 8:00
AM. City Staff met with WSDOT the week before the COW Meeting.
AGENDA ITEM 7.0
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o Re-connected with Sound View Strategies and developed a Work Plan for the
remainder of 2017, attached. (Attachment 5)
• Improve and identify possible solutions to help streamline the permitting process.
o Selected a Noise Consultant (February 2017)
o Follow-Up Study to the Tree Code Amendments (February 2017)
o Updating Development Services Department Forms and putting them on line (2nd
Quarter of 2017)
We are planning to have a presentation at your August 14, 2017 City
Council Meeting.
• Implement a regular survey system to receive feedback from residents regarding
city services. Consider a survey to cover the last three years of issued permits. Brief
surveys subsequent to development services interaction with residents
o Developing Customer Feedback Survey. Using the City of Bellevue’s 2016
Customer Feedback Report as a Model (Present to the City Council 3rd Quarter of
2017)
o Received proposal from BERK Communications, (firm that conducted Bellevue’s
Customer Feedback Study). Attached. (Attachment 6).
• Solid Waste – identify custom options for garbage contract and consider moving the
city contract to a flexible agreement. Report to council whether such change is
desirable and of benefit to residents.
o Discussed the differences between the Utilities and Transportation Commission
Regulatory Model…used in Medina and the Contract or Franchise Model…used
in Clyde Hill. (February 2017). Council directed Staff to further explore the
Contract or Franchise Model.
• Master streets and sidewalks plan including Walkable Medina – Propose to council
a plan of action for 2017 and beyond (Present to the City Council 3rd Quarter of 2017)
o City Staff is reviewing a Scope of Work from City Engineer Roger Kuykendall
for the Evergreen Point Road Sidewalk Predesign.
o Public Works Director Ryan Osada and City Engineer Roger Kuykendall are
scheduled to make a presentation at the July 10, 2017 City Council Meeting.
• Improve community involvement by considering “open door Friday” and/or
monthly availability at a coffee shop for casual communication with residents
o I spend a considerable amount of time outside of normal business hours at
community events and celebrations. This year we added Coffee with the Mayor
AGENDA ITEM 7.0
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and City Manager at Tully’s. Our monthly event is scheduled for Thursday, June
15, 2017 at 10:00 AM
• Issuance of Council agenda – maintain the schedule of draft and final agenda as in
2016, as well as the draft minutes issued promptly after council meetings.
o City Clerk Aimee Kellerman will continue her excellent work
• Sidewalks and trimming bushes – Follow up on the work done in 2016 and expand
to cover as much of the city remaining sidewalks.
o In 2017 the City budgeted for Seasonal Employees to address this issue. They
will start work in the 2nd Quarter of the year.
o So far we have…
Provided notices to 120+ properties
Provided follow-up…1-week to comply…notices to 40+ properties
Completed trimming bushes on 84th Avenue from Overlake Drive to NE
24th Street
o Next Steps
NE 24th and NE 12th Streets
Evergreen Point Road
o Additional details…including before and after pictures…are available in Public
Works Director Ryan Osada’s Monthly Report.
• Quarterly status report on progress in meeting objectives.
o Monthly updates are included in the City Council Meeting Packet
Up-Coming Meetings
• Thursday, June 15, 2017, 10:00 AM Coffee with the Mayor and Manager
• Saturday, June 24, 2017 1:00 PM Medina Park Celebration – Grand Opening of the Park
Playground with popsicles, ice-cream, balloons. Bocce ball demonstrations.
• Monday, July 10, 2017 City Council Meeting
o 5:30 PM Executive Session (tentative)
o 6:30 PM Regular City Council Meeting
AGENDA ITEM 7.0
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ATTACHMENT 6
MEDINA POLICE DEPARTMENT
DATE: June 2, 2017
TO: City Manager Michael Sauerwein
FROM: Chief Stephen R. Burns
RE: Police Department Update – May 2017
________________________________________________________________________
The following is a summary highlighting Medina Police Department activity in May 2017.
Medina PD Accreditation: The Medina Police
Department participates in the Washington Association
of Sheriffs & Police Chiefs (WASPC) Law Enforcement Accreditation Program and was initially accredited in May 2013. In May 2017, Medina was awarded re-accreditation for successfully achieving the professional
standards as outlined in the WASPC Law Enforcement
Accreditation Program. It is a tremendous honor for Medina Police Department to be recognized for meeting the high standards set by WASPC.
Sergeant John Kane Retires: Sergeant John Kane retired on June 1st after 14 years of service with the Medina Police Department. John was hired on May 1, 2003, as an officer and was promoted to sergeant on
June 2007. John was instrumental in the maintaining the
intersection camera system while providing support and operational assistance to officers. His leadership was valuable during several chief transitions. He is a respected member of the Medina police department.
Burglary: On May 11th a burglary occurred at an abandoned home under construction at the 2800 block of Evergreen Point Road. An observant home owner provided home surveillance video footage of the suspect vehicle from their residence. Medina police officers reviewed City video footage and were able to determine the registered owner. The investigation is ongoing
with a possible suspect being identified.
AGENDA ITEM 7.1a
Medina Police Department Update May 2017
2
Homeowner Video Footage Homeowner Video Footage
Entering the City -City Video Footage Leaving the City - City Video Footage Package Theft: On May 9 a theft of packages from a doorstep in the 2000 block of 79th
Avenue NE was reported to the Medina Police Department. The victim had a video doorbell
that captured the theft on video, including the suspect’s face and the associated vehicle. The
vehicle information was used in the city’s camera system. A Medina officer has been able to positively identify the suspect and file Theft 3rd Degree charges.
Homeowner Video Footage City Video Footage
AGENDA ITEM 7.1a
Medina Police Department Update May 2017
3
Boater Safety Class: On May 13 and June 3rd Seattle Police Harbor Patrol held Boater Safety classes at Medina City Hall. The eight-hour classes taught 40 students and met the requirement that boaters in Washington must have their Washington State Boater Education
Card with them when operating a boat 15 horsepower or greater.
AGENDA ITEM 7.1a
MEDINA POLICE DEPARTMENT
Steve Burns, Chief of Police
MONTHLY SUMMARY
MAY 2017
FELONY CRIMES
Fraud/ID Theft 2017-000001635 05/01/2017
Unknown suspect(s) solicited information over the phone from a Medina resident. The
suspects withdrew $2200.00 from the victim's checking account and also convinced him
to purchase and provide the information for a debit card in the amount of $1900.00. The
victim's bank has closed the accounts.
Theft 2017-000001666 05/03/2017
A Medina resident reported the theft of four goldfish from her pond in her back yard. The
goldfish were valued at $800.00. The theft occurred between April 6, 2017 and May 3,
2017 while she was away from her home.
Fraud/ID Theft 2017-000001690 05/05/2017
The victim stated that she received a call from a third party collections agency stating that
she owed $1239.43 to PAYPAL. The victim stated that she has never used PAYPAL and
that someone had fraudulently used her personal information. The victim stated that the
collection agency didn't tell her when the fraud occurred.
Burglary 2017-000001779 05/11/2017
A contractor working on a remodel in Medina reported that Person(s) unknown had
removed tools that had been left in the unoccupied building. There was no sign of forced
entry to the building. A link in the chain gate had been cut allowing the gate to be
lowered.
Fraud/ID Theft 2017-000001839 05/15/2017
A Medina resident stated that someone had illegally used his personal information to
open an account with Verizon Wireless and charge approximately $1900. The victim
stated that he had no knowledge of these charges and he immediately notified the fraud
department within Verizon.
Assault/DV 2017-000001899 05/19/2017
The victim stated that she was punched in the face twice by her boyfriend before she
jumped from the van. A K9 track was conducted by Kent PD but the track was
unsuccessful in locating the suspect. The victim was treated by aid at the scene and given
a courtesy transport the transit center. Suspect vehicle was towed.
Fraud 2017-000001963 05/23/2017
A Medina resident reported that he rented a house via a Craig's List add. He received and
signed the associated rental agreements from the Agent in Ca. then mailed a partial
payment to an elderly woman in Louisiana who cashed the check. After they requested
more money, he asked to cancel the rental and asked for a refund. Since then, they do not
reply to calls, texts, or emails.
AGENDA ITEM 7.1a
MISDEMEANOR CRIMES
Motor Vehicle Prowl 2017-00001680 05/04/2017
A Medina resident reported that sometime during the early morning hours, Person(s)
unknown broke into his construction trailer and removed clothing, a spray gun, and a gas
powered water pump. The total loss was approximately $2,500.00.
Theft 2017-000001765 05/09/2017
A resident reported theft of packages from the front porch. The approximate value of the
items stolen was $31.58. Video footage at the residence showed the suspect vehicle and a
suspect taking the packages from the front porch.
Motor Vehicle Prowl 2017-00001769 05/10/2017
A Medina resident reported that sometime during the night, person(s) unknown entered
their unlocked vehicle and removed items. The estimated loss is $110.00.
Motor Vehicle Prowl 2017-00001780 05/11/2017
A Medina resident reported that sometime between 05-10-2017 and 05-11-2017,
person(s) unknown entered her unlocked vehicle that was parked in her driveway and
removed items. Estimated loss is $30.00.
Motor Vehicle Prowl 2017-00001844 05/15/2017
A Medina resident reported a vehicle prowl. A gift certificate worth $60.00 was taken
from her unlocked vehicle parked in the driveway.
Liquor Violation 2017-000002017 05/26/2017
A Police Officer contacted two juvenile males on the dock in the 3200 block of 78th
Place NE. The juvenile males were in possession of alcohol, both open and unopened.
The juveniles poured the alcohol out at the scene and charges were forwarded to the
Juvenile Prosecutor's Office for review.
AGENDA ITEM 7.1a
CRIMES Current Month YTD 2017 YTD 2016 2016 Year End
Arson 0000
Assault
DV Aggravated Assault1145
Non‐DV Aggravated Assault0000
Sexual Assault/Rape0000
Simple Assault0011
Burglary
Residential1328
Attempted0002
Malicious Mischief
Felony0000
Misdemeanor 0302
Theft
Auto0001
Fraud (ID Theft)4 151022
Over $750 1126
Under $750 1217
Motor Vehicle Prowl 4 101128
TOTAL CRIMES 12 35 31 82
ENFORCEMENT Current Month YTD 2017 YTD 2016 2016 Year End
Drug Violations 0000
Minor in Possession 1202
Possession of Stolen Prop.0212
Warrant Arrests 12716
TOTAL ENFORCEMENT 2 6 8 20
TRAFFIC Current Month YTD 2017 YTD 2016 2016 Year End
Accidents
Injury0011
Non‐Injury1218
Citations
DUI0138
Other*4 143755
Infractions
Speeding 3 17 91 134
Parking 7 24 55 123
Other** 3 12 83 123
Warnings 84 372 909 1720
TOTAL TRAFFIC 102 442 1180 2172
CALLS FOR SERVICE Current Month YTD 2017 YTD 2016 2016 Year End
Animal Complaints 5 12 12 27
Assists 42 186 146 439
False Alarms 38 98 116 249
House Watch 38 303 232 619
Missing Person1301
Property Lost/Found 2 8 3 17
Suspicious Circumstances195164179
Other ***5 171766
TOTAL SERVICE 150 678 590 1597
*DWLS, Fail to transfer title, No License
** Expired tabs, No insurance, Fail to stop, Defective equipment, Cell phone use
***Civil Dispute, Disturbance, Death investigation, Suicide Attempt, Trespass, Harassment, Mental
MEDINA POLICE DEPARTMENT
Steve Burns, Chief of Police
City of Medina
May 2017 ‐ Monthly Report
AGENDA ITEM 7.1a
TOWN OF HUNTS POINT
Steve Burns, Chief of Police
MONTHLY SUMMARY
MAY 2017
FELONY CRIMES
Nothing to report.
MISDEMEANOR CRIMES
Nothing to report.
AGENDA ITEM 7.1a
CRIMES Current Month YTD 2017 YTD 2016 2016 Year End
Arson 0000
Assault
DV Aggravated Assault0000
Non‐DV Aggravated Assault0000
Sexual Assault/Rape0000
Simple Assault0001
Burglary
Residential0004
Attempted0001
Malicious Mischief
Felony0000
Misdemeanor 0000
Theft
Auto0002
Fraud (ID Theft)0326
Over $750 0001
Under $750 0202
Motor Vehicle Prowl 0118
TOTAL CRIMES06325
ENFORCEMENT Current Month YTD 2017 YTD 2016 2016 Year End
Drug Violations 0000
Minor in Possession 0000
Possession of Stolen Prop.0122
Warrant Arrests 0035
TOTAL ENFORCEMENT0157
TRAFFIC Current Month YTD 2017 YTD 2016 2016 Year End
Accidents
Injury0001
Non‐Injury0113
Citations
DUI0000
Other*0025
Infractions
Speeding 3 11 59 80
Parking 2 3 40 61
Other** 0 2 13 28
Warnings 20 69 229 381
TOTAL TRAFFIC 25 86 344 559
CALLS FOR SERVICE Current Month YTD 2017 YTD 2016 2016 Year End
Animal Complaints0125
Assists 8 23 23 47
False Alarms 10 32 16 47
House Watch 7 41 23 68
Missing Person0011
Property Lost/Found0022
Suspicious Circumstances18720
Other ***1116
TOTAL SERVICE 27 106 75 196
*DWLS, Fail to transfer title, No License
** Expired tabs, No insurance, Fail to stop, Defective equipment, Cell phone use
***Civil Dispute, Disturbance, Death investigation, Suicide Attempt, Trespass, Harassment, Mental
MEDINA POLICE DEPARTMENT
Steve Burns, Chief of Police
Town of Hunts Point
May 2017 ‐ Monthly Report
AGENDA ITEM 7.1a
2017 Burglaries & Vehicle Prowls
Medina & Hunts Point
Prior Month(s) Burglaries
Current Month Vehicle Prowls
AGENDA ITEM 7.1a
AGENDA ITEM 7.1b
1
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
June 12, 2017
To: Honorable Mayor and City Council Via: Michael Sauerwein, City Manager From: Robert J. Grumbach, Director of Development Services Subject: Development Services Department Monthly Report DEPARTMENT PERMITTING ACTIVITY:
Applications Received May 1 to May 31:
LAND USE APPLICATIONS:
File No. Description Location
PL-17-014 Substantial Dev Permit 601 76th Ave NE
PL-17-015 Shoreline/ SEPA Exempt 7733 Overlake Dr. W
PL-17-016 SEPA Exempt 601 76th Ave NE PL-17-017 SEPA Exempt 444 Overlake Dr. E
PL-17-018 Admin Substantial Dev Permit 444 Overlake Dr. E
BUILDING PERMIT APPLICATIONS:
Type Applications Received
Building Permits 4
Mechanical Permits 11
Plumbing Permits 9
Demolition Permits 0
Roof/ Reroof Permits 1 Gate/ Fence Permits 0
Total 25
GRADING & DRAINAGE/ RIGHT-OF-WAY PERMIT APPLICATIONS:
Type Applications Received
Grading/ Drainage 3
Right-of-way Permits 7
Total 10
AGENDA ITEM 7.1b
2
TREE PERMIT APPLICATIONS:
File No. Description Location TREE-17-015 Admin Tree Activity Permit 1859 Evergreen Pt. Rd TREE-17-016 Admin Tree Activity Permit 2425 80th Ave NE TREE-17-017 Admin Tree Activity Permit 2051 78th Ave NE
TREE-17-018 Admin Tree Activity Permit 444 Overlake Dr. E TREE-17-019 Admin Tree Activity Permit 3421 Evergreen Pt. Rd. TREE-17-020 Admin Tree Activity Permit 7851 NE 10th Street TREE-17-014 Admin ROW Tree Activity Permit Adjoining 647 Evergreen Pt. Rd.
Land Use Decisions Issued (through May 31):
TYPE 3 DECISIONS - HEARING EXAMINER/ PLANNING COMMISSION:
File No. Description Location Decision PL-16-033 Substantial Dev Permit 3242 78th Place NE Approved
TYPE 2 DECISIONS – DIRECTOR:
File No. Description Location Decision CMP-17-002 Level 1 CMP 8835 Overlake Dr. W Approved CMP-16-025 Level 1 CMP 7842 NE 21st Street Approved
YEAR TO DATE TOTALS – TYPE 2/ 3 DECISIONS:
Decision Type Total
Variances/ Minor Deviations 2
Conditional/ Special Use Permits 1
Shoreline Permits (All) 1
Site Plan Reviews 0
SEPA 0
Short Subdivision/ Subdivision 0
Level 1/ 2 Tailored Construction Mitigation Plans 10
Non-administrative Tree Activity Permit 0
Others 0
Total 12
PLANNING COMMISSION:
May Meeting Recap: The Planning Commission held their regular meeting on May 23, 2017. The Planning Commission discussed updating the view and sunlight obstruction ordinance. There were a lot of questions including view corridors and property damage. Staff agreed to seek the City Attorney’s input and the discussion was continued to the
next meeting.
AGENDA ITEM 7.1b
3
OTHER ITEMS OF INTEREST:
1. New Noise Code. The 90-day period with Ecology will expire in mid-June. Once the Ecology review-time expires, the City’s new noise ordinance will go into effect.
2. Code Enforcement. Code enforcement cases are significantly up at this time. The
types of enforcement have involved tree removals, various zoning violations, building code violations, and construction mitigation plan violations. Each of these cases involves considerable staff time and resources.
Permit Report
April, 2017
2017 2016
Current Current 2017 2016
Month Month YTD YTD Difference
Construction Value
New Construction 0 2,206,418 7,711,222 3,206,418 $4,504,804
Addition / Alteration 48,170 279,000 2,201,170 1,367,603 $833,567
Accessory Structure 20,000 0 128,000 103,500 $24,500
Repair / Replace 0 0 139,370 45,000 $94,370
Fence/Wall 0 0 17,000 36,150 ($19,150)
Wireless Comm Facility 0 0 0 0 $0
TOTAL VALUE 68,170 2,485,418 10,196,762 6,012,442 5,438,091
Permits Issued
New Construction 0 1 4 3 1
Permit Extension 1 0 2 6 (4)
Addition / Alteration 1 1 11 4 7
Accessory Structure 1 0 4 4 0
Fence/Wall 0 0 1 2 (1)
Demolition 0 1 4 3 1
Grading/Drainage 0 2 5 7 (2)
Tree Mitigation 1 4 13 5 8
Mechanical 9 6 38 24 14
Plumbing/Gas 8 0 20 0 20
Other - Moving 0 0 1 0 1
Reroof 1 2 2 4 (2)
Repair / Replace 0 0 3 2 1
Right-of-Way Use 6 10 18 18 0
Construction Mitigation 0 1 6 4 2
Wireless Comm Facility 0 0 0 0 0
TOTAL PERMITS 28 28 132 82 46
Inspections
Building 72 34 251 143 108
Construction Mitigation 8 4 37 50 (13)
Grading/Drainage 11 12 80 36 44
Tree Mitigation 9 18 30 67 (37)
Right-of-Way 16 93 66 70 (4)
TOTAL INSPECTIONS 116 161 464 366 98
CITY OF MEDINA
June 12, 2017
To: Mayor and City Council
From: Julie Ketter, Acting Finance Director
Re: May 2017 Financial Reporting
The May 2017 Reporting includes:
•May 2017 AP Check Register Activity Detail (8.4)
•May 2017 Revenue & Expense Summary
•May 2017 Cash Position Report
Key Items for May YTD include:
GENERAL FUND
Revenue:
•The first half of the Property Tax has been deposited, $1.5MK as of May 2017. Property Tax normally is
deposited during the April/May and October/November fiscal periods so we shouldn’t be receiving the
rest of our assessment until the fall.
•Sales Tax Revenues are at $364K as of May, tracking 27% lower than budget. Annualized, the trend
would give us $875K in Sales Tax for the year vs an annual budget of $1.2M. However, sales tax
doesn’t come in evenly throughout the year and will often have “spikes” corresponding to large
destination-based purchases. It is too early in the year to adjust the forecast but it is worth monitoring.
•Utility Taxes have caught up from their sluggish rate of Q1 with most utility companies having updated
their rates to reflect the 2017 increase. Large utilities that had underpaid Q1 with the old rate have been
successfully collected.
Expense:
•Finance pays the full 2017 annual WCIA Insurance Liability premiums in January, $191K. Additionally,
annual software support is paid out of Finance. These expenses cause over 40% of the cost center’s
annual budget to be spent in the first 2 months. Since then expenses have come in lower than the
original budget pace due to staffing changes and unbilled expenses.
•Police: Expenses are running slightly below budget due to an open Officer position during the first
quarter. Now that it filled, on-boarding costs will be incurred that will bring that number up but small
fluctuations are still expected with additional staffing changes over the summer.
•Fire & Medical Aid: Contract payments to Bellevue are due in the spring & fall. The first installment was
paid in April.
•Recreational Services: Bellevue Boys and Girls Club received $20,000 from the City of Medina in
February. This recreational service is tracked along with Lifeguard Services in the
recreational/lifeguard services budget. No other expenses will be incurred until the lifeguard program
begins in the summer.
•Overall expenses continue to trend a bit low but mostly due to timing of invoices and seasonal
expenses.
STREET FUND
Revenue:
•Motor Vehicle Fuel Tax is tracking close to budget with $26K as of May. A $25K DOE grant is
expected later in the year.
AGENDA ITEM 7.1c
Expense:
• Expenses are low through May due to expected occurrence of seasonal costs later in the year.
CAPITAL FUND
Revenue:
• Real Estate Excise Taxes are $370K through May. The Capital Fund is expected to have a surge in
REET deposited over the next few months and we could possibly exceed our anticipated budget of
$874K. The budget total for this fund also includes a $190K grant which is received as we submit
expenses for reimbursement. The related projects have not begun.
Expense:
• Capital expenditures are $315K as of May 2017, 30% of overall budget. $103K of this is attributed to
the City Hall sidewalk project which was offset by a TIB grant. Expenses are expected to increase as the
improved weather continues and planned projects are completed.
Other Finance Items:
• The annual State audit is currently scheduled to begin the week of July 17th.
• The 2018 tentative budget calendar will be included with next month’s report.
AGENDA ITEM 7.1c
City of Medina
Revenue & Expense Summary
May 2017
REVENUE: MAY ACTUAL
MAY YTD
ACTUAL
2017 MAY
YTD BUDGET
2017 ANNUAL
BUDGET
% of Budget
Total
BUDGET
REMAININGGeneral Fund
Property Tax $554,297 $1,505,194 $1,505,194 $2,734,048 55.05%$1,228,854
Sales Tax $85,241 $364,386 $499,215 $1,198,116 30.41%$833,730
Criminal Justice $7,638 $35,438 $34,845 $83,628 42.38%$48,190
B & O Tax: Utility & Franchise Fee $141,711 $320,417 $328,839 $686,273 46.69%$365,856 Leasehold Excise Tax $0 $286 $1,657 $3,977 7.20%$3,691 Licenses & Permits $72,200 $243,380 $183,398 $440,155 55.29%$196,775 General Government $0 $69,486 $73,234 $332,908 20.87%$263,422 Planning & Development, Passport $20,518 $126,210 $136,667 $328,000 38.48%$201,790
Fines, Penalties, Traffic Infr.$3,231 $18,371 $25,000 $60,000 30.62%$41,629
Misc. Invest. Facility Leases $7,992 $72,187 $68,499 $164,397 43.91%$92,210
Other Revenue, Dispositions $0 $0 $1,250 $3,000 0.00%$3,000
General Fund Total $892,828 $2,755,356 $2,857,797 $6,034,502 45.66% $3,279,146 General Fund Transfers In $0 $0 $0 $0 0.00%$0
Street Fund $5,647 $26,032 $28,696 $93,871 27.73%$67,839 Street Fund Transfers In $20,833 $104,169 $104,167 $250,000 41.67%$145,831Tree Fund $0 $0 $4,167 $10,000 0.00%$10,000Capital Reserve Fund $0 $0 $0 $0 0.00%$0
Capital Fund $135,613 $461,204 $453,871 $1,089,290 42.34%$628,086Total (All Funds)$1,034,088 $3,242,592 $3,344,531 $7,227,663 44.86% $3,985,071 Total (All Funds) Transfers In $20,833 $104,169 $104,167 $250,000 41.67%$145,831
EXPENDITURES:MAY ACTUAL
MAY YTD
ACTUAL
2017 MAY
YTD BUDGET
2017 ANNUAL
BUDGET
% of Budget
Total
BUDGET
REMAININGGeneral Fund
Legislative $62 $13,441 $15,460 $37,103 36.23%$23,662
Municipal Court $4,878 $25,929 $38,833 $93,200 27.82%$67,271 Executive $27,142 $102,047 $121,343 $291,224 35.04%$189,177 Finance $17,678 $379,121 $410,216 $717,051 52.87%$337,930 Legal $9,710 $93,030 $95,833 $230,000 40.45%$136,970 Central Services $35,498 $174,825 $154,792 $427,717 40.87%$252,892
Police Operations $135,936 $816,629 $898,213 $2,192,426 37.25%$1,375,797 Fire & Medical Aid $0 $348,211 $348,211 $696,421 50.00%$348,211 Emergency Prep.$0 $1,399 $8,104 $19,450 7.19%$18,051 Public Housing $0 $3,977 $6,840 $16,417 24.22%$12,440 Environmental Services $0 $9,624 $9,624 $12,512 76.92%$2,888 Development & Planning $71,440 $295,018 $303,263 $727,832 40.53%$432,814 Mental Health Services $0 $204 $333 $800 25.53%$596
Recreational Services $0 $20,000 $20,000 $54,250 36.87%$34,250
Parks $33,564 $160,780 $211,655 $507,972 31.65%$347,192
General Fund Total $335,908 $2,444,234 $2,642,721 $6,024,375 40.57% $3,580,141 General Fund Transfers Out $17,500 $87,500 $87,500 $210,000 41.67%$122,500Street Fund $25,007 $117,408 $163,256 $391,814 29.97%$274,406Tree Fund $645 $16,834 $14,583 $35,000 0.00%$18,166
Capital Fund $1,297 $314,832 $433,750 $1,041,000 30.24%$726,168
Capital Fund Transfers Out $3,333 $16,669 $16,667 $40,000 41.67%$23,331Total (All Funds)$362,857 $2,893,309 $3,254,310 $7,492,188 38.62%$4,598,879 Total (All Funds) Transfers Out $20,833 $104,169 $104,167 $250,000 41.67%$145,831
Note: Cash and Investments has moved to a separate report
2017 YTD Cashflow Report
January - May 2017
2017 Beginning Cash Balance 1/1/2017 2017 Cash Balance 5/31/17
TOTAL CASH & INVESTMENTS TOTAL CASH & INVESTMENTSBeginning Year: 1/1/2017 Period Ending: 5/31/17
WA ST INV POOL 1,804,446$ WA ST INV POOL 1,367,280$
OTHER INVESTMENTS 1,527,631 OTHER INVESTMENTS*1,527,030 CHECKING 142,788 CHECKING 947,192
3,474,865$ 3,841,502$
*Bond maturity dates:12/26/2018 6/30/2020 4/13/2021
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
June 12, 2017
To: Honorable Mayor and City Council
Via: Michael Sauerwein, City Manager
From: Aimee Kellerman, City Clerk
Subject: Central Services Department Monthly Report
JUNE AND JULY PUBLIC MEETINGS AND EVENTS
Event Date Time Location
Medina Park Celebration June 24 1:00 pm to
3:00 pm
Medina Park
Planning Commission Meeting June 27 6:00 pm Medina City Hall
Independence Day – CITY HALL CLOSED July 4
City Council Meeting July 10 6:30 pm Medina City Hall
Park Board Meeting July 17 5:00 pm Medina City Hall
Planning Commission Meeting July 25 6:00 pm Medina City Hall
Meetings are publicly noticed on the City’s three official notice boards, City website, and via Govdelivery.
Occasionally notices require publication in the City’s official newspaper, The Seattle Times. Public
meetings scheduled after publication of this report can be found on the City’s website.
COMMUNICATION TO OUR COMMUNITY E-Notice Program: During the month of May, the City issued 33 bulletins amounting to a total of 32,312
bulletins delivered to subscribers; approximately 21.2% were opened. See Attachment 1.
As of May 31, the City had 4,879 subscribers (change in total subscribers +54), with a combined total of
32,653 subscriptions (change in total subscriptions +722).
RECORDS REQUESTS
As of May 31, 21 public records requests have been received by central services. See Attachment 2.
AGENDA ITEM 7.1d
Bulletins
Developed
Total
Recipients
Total
Delivered
Unique Email
Opens
Unique Email
Open Rate
Wireless
Recipients
May, 2017 33 32,864 32,312 5,619 21.20%5,906
April, 2017 28 30,722 30,096 5,463 21.60%4,866
March, 2017 28 24,678 24,253 4,086 21.20%5,037
February, 2017 13 11,434 11,139 2,528 27.10%1,855
January, 2017 19 9,994 9,761 1,582 20.80%2,159
December, 2016 8 6,066 5,909 857 17.80%1,120
November, 2016 33 23,496 22,955 3,569 19.60%4,851
October, 2016 32 30,217 27,795 4,538 20.10%5,345
September, 2016 23 21,840 21,383 3,570 20.50%4,063
August, 2016 31 30,980 30,095 4,621 18.70%5,718
July, 2016 32 28,189 27,488 4,545 20.20%5,335
June, 2016 32 28,508 27,770 5,236 22.80%5,060
May, 2016 37 35,493 35,161 5,867 20.10%6,121
April, 2016 41 32,221 31,917 5,727 22.00%5,944
March, 2016 28 17,534 17,318 3,089 21.50%3,032
February, 2016 19 19,672 19,390 3,345 20.80%3,451
January, 2016 21 18,954 18,662 3,629 23.30%3,195
December, 2015 20 22,733 22,194 3,604 19.20%3,547
November, 2015 24 15,522 15,180 2,200 18.30%3,239
October, 2015 25 19,884 19,507 3,059 18.90%3,425
September, 2015 21 15,494 15,276 2,437 19.60%2,930
Date Sent Top 10 Most Read Bulletins During May Emails Opened
Email Open
Rate
05/02/2017 12:12 PM PST 513 22%
0504/2017 02:37 PM PST 599 21%
05/05/2017 08:53 AM PST 604 22%
05/16/2017 02:24 PM PST 595 19%
05/17/2017 09:57 AM PST 513 23%
05/17/2017 12:41 PM PST 725 26%
05/17/2017 01:02 PM PST 756 26%
05/26/2017 08:46 AM PST 582 20%
05/28/2017 08:26 AM PST 690 43%
05/31/2017 12:10 PM PST 600 22%
SR 520 Construction Notification: Evergreen Point Road
Pavement Repair
Monday, May 8, 2017 Medina City Council Special and
Regular Meeting Agenda Packet
Comparisons:
Construction Activity on Evergreen Point Road Near SR 520
Monday, May 8, 2017 Medina City Council Special and
Regular Meeting Agenda Packet
Here Comes the Sun…
Overgrown Vegetation
Medina Area Traffic Impacts - Sunday, May 28
Heavy Bicycle Traffic
Fairweather Park - Tennis Courts Closed
Overgrown Vegetation
ATTACHMENT 1
501 EVERGREEN POINT ROAD • P.O. BOX 144 • MEDINA, WA 98039-0144
TELEPHONE (425) 233-6400 • FAX (425) 451-8197 • www.medina-wa.gov
DATE: June 12, 2017
TO: Mayor and City Council
From: Aimee Kellerman, City Clerk
Subject: May, Public Records Request Tracking
In May 2017, central services staff received 21 new public records requests. These
requests required approximately hours of 8.5 hours central services staff time and zero
time of consulting time with the City Attorney. The overall May cost, which includes staff hourly rate plus benefits is approximately $411.
In addition, the police department receives public records requests specific to police
business that require records research and information distribution. In May 2017, the Police Department received 14 new records requests. These requests required approximately 3.75 hour of staff time at a direct cost of $163. The requests are from outside law enforcement agencies, insurance carriers, the public and person’s involved
in the incidents.
ATTACHMENT 2
Assigned
Dept Reference No
Required
Completion
Date
Summary Customer Full
Name
PRR - Type of
Records
Requested
Public Record
Desired
Central
Services
P000600-
050117
5/10/2017 Public
Records
Request
Nima Foroutan Building 1- Survey document
2- any easements on
record for the below
address: 515
Overlake Dr E
Medina Wa 98039
Central
Services
P000602-
050217
5/11/2017 Public
Records
Request
Mr Paul Silva Development
Services
Recently Issued
Building Permits
Central
Services
P000603-
050217
5/11/2017 Public
Records
Request
Jessica Ko-
Dalzell
Building I would like to view
the permit/scope of
work for work
performed on the
dock at 338
Overtake Dr. E.
Medina.
Central
Services
P000605-
050317
5/12/2017 Public
Records
Request
Randall Olsen Building All land use and
building permit
documents in the file
for 1625 Rambling
Lane dated 2014 to
present.
Assigned Staff
Sunita Hall
Sunita Hall
5/3/2017 Public
Records
Request
5/2/2017 Public
Records
Request
5/2/2017 Public
Records
Request
5/1/2017 Public
Records
Request
Sunita Hall
Sunita Hall
Create Date Request Type
Medina Public Records Request Report
Run Date: 06/05/2017 9:42 AM
Medina Public Records Request Report Run Date: 06/05/2017 9:42 AM
Central
Services
P000606-
050417
5/15/2017 Public
Records
Request
Research
Specialist
David Elliott
Building Have a permit no. B-
15-070, need to
know who the
General Contractor
is. Thanks, Dave
Central
Services
P000609-
050517
5/16/2017 Public
Records
Request
Grant Gibbs Development
Services
Building Plans and
Permits 426 Upland
Road
Central
Services
P000610-
050517
5/16/2017 Public
Records
Request
Diane Nelson Public Works Storm systems
schematics that
shows where the
runoff from
Evergreen Point Rd
and NE 12th Street
outlets to Lake
Washington.
Central
Services
P000613-
050917
5/18/2017 Public
Records
Request
Ms Jean
LeTellier
Building City inspections for
new construction
single family home
at 2410 80th Ave
NE, Medina, WA
98039. Specifically
relating to exterior
siding, stucco and
tile.
Central
Services
P000614-
051017
5/19/2017 Public
Records
Request
Paralegal
Christopher
Borgman
Building Requesting all
inspection reports,
building permits,
plans/permitted
plans for
construction of a
home at 923
Evergreen Point
Road, Medina, WA.
Sunita Hall
Sunita Hall
Sunita Hall
Sunita Hall
5/9/2017 Public
Records
Request
5/10/2017 Public
Records
Request
5/5/2017 Public
Records
Request
5/5/2017 Public
Records
Request
5/4/2017 Public
Records
Request
Sunita Hall
Central
Services
P000617-
051517
5/24/2017 Public
Records
Request
Mike
Wallinger
Development
Services
Building
Permits/Plans for
New & remodel.
New construction &
remodel applications
for permit. No
Interior projects and
contractors/designer
s only
Central
Services
P000618-
051517
5/24/2017 Public
Records
Request
Ben Thorn Development
Services
Building
Permits/Plans 8345
Overlake DR West
McDonald Dock
installation Pre 1962
Central
Services
P000620-
051617
5/25/2017 Public
Records
Request
Design
Consultant
John Fish
Central
Services
An example of
"ADMINISTRATIV
E SPECIAL USE
PERMIT" for a
residential
swimming pool. I
am preparing a
swimming pool
application for 2637
77thAve NE and
would like to review
a previously
approved
application.
Central
Services
P000623-
052217
6/1/2017 Public
Records
Request
Brian Lent Building All building permits
(inclusive of
landscaping,
renovation, repairs,
etc...) going back to
2006 - today.
Sunita Hall
Sunita Hall
Sunita Hall
5/16/2017 Public
Records
Request
5/22/2017 Public
Records
Request
5/15/2017 Public
Records
Request
5/15/2017 Public
Records
Request
Sunita Hall
Central
Services
P000624-
052317
6/2/2017 Public
Records
Request
Stella Sun Development
Services
Building
Permits/Plans 2209
79th Ave NE
Sunita Hall
Jennifer Grant Development
Services
We are looking for
the version of Ch.
17.40 MMC (Lot
Development
Standards) in effect
on March 30, 1999.
Please provide the
original ordinance
creating Ch. 17.40
and the ordinance
numbers of any
subsequent
ordinances
modifying it (unless
you happen to have a
codified copy of that
chapter in effect on
that specific date, in
which case, you
could just send a
copy of that). This
is a time sensitive
request. Please
contact me if you
have any questions.
Thank you!!
Aimee Kellerman
5/23/2017 Public
Records
Request
Central
Services
5/24/2017 P000625-
052417
Public
Records
Request
6/5/2017 Public
Records
Request
Central
Services
P000626-
052417
6/5/2017 Public
Records
Request
Jennifer Grant Development
Services
Please provide a
copy of Variance
No. 900.
Central
Services
P000627-
052517
6/6/2017 Public
Records
Request
Bryce Giveni Development
Services
Building
Permits/Plans 2424
79th Ave NE
Central
Services
P000628-
052517
6/6/2017 Public
Records
Request
Grant Gibbs Development
Services
Building
Permits/Plans 414
Upland Road
Central
Services
P000629-
052517
6/6/2017 Public
Records
Request
Laurie
kaufmann
Development
Services
Building Plans from
when house was
built in 1990 3319
Evergreen Point
Road
Central
Services
P000631-
053017
6/8/2017 Public
Records
Request
Daniel Lipkie Development
Services
Building
Permits/Plans 2051
78th Ave NE
Central
Services
P000634-
053117
6/9/2017 Public
Records
Request
Jennifer Grant Development
Services
Copy of the variance
granted on
November 15, 1994
affecting the
property located at
1605 73rd Avenue
NE. Variance
number unknown.
(Said variance is
described in the
notice attached
hereto which was
included in the
records provided in
response to request
P000626-052417.)
Aimee Kellerman
Sunita Hall
Sunita Hall
Sunita Hall
Sunita Hall
5/31/2017 Public
Records
Request
5/25/2017 Public
Records
Request
5/30/2017 Public
Records
Request
5/25/2017 Public
Records
Request
5/25/2017 Public
Records
Request
5/24/2017 Public
Records
Request
Sunita Hall
AGENDA ITEM 7.1e
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
June 12, 2017
To: Mayor and City Council
Via: Michael Sauerwein, City Manager
From: Ryan Osada, Public Works Director
Subject: May 2017 Public Works Report
1. ROW Trimming – This month our two seasonal maintenance workers began the ROW Trimming
project. To date, there has been more than 120 post card notices left along 84th Ave NE, NE 24th
Street, NE 12th Street, NE 8th Street, Evergreen Point Road and Overlake Drive. Second notices are
left a week prior to the crew arriving to perfrom the trimming work. The responses from the
residents have been mostly positive and the trimming crew is making good progress. The goal for
this summer is to complete 84th, 24th, 12th and 8th. They will finish out the season concentrating on
the worst areas along Evergreen Point Road.
AGENDA ITEM 7.1e
BEFORE
AFTER
AGENDA ITEM 7.1e
84th AVE NE & NE 24th ST
AGENDA ITEM 7.1e
2. TIB - 84th AVE NE – Last month KPG sent out the pre 30% design to the utility companies and
WSDOT for review. The City also contacted Medina Circle to give them an update on the design.
Eventhough this is the early stages of the project, both Medina and Clyde Hill are constantly informing
the community since the project schedule is firm with TIB. Potholing along the project corridor will
begin soon to identify potential utility conflicts which can have large impacts to the overall schedule.
This project is still on track to bid by the end of 2017 and construction to begin May 2018.
PRE 30% DESIGN
3. FAIRWEATHER TENNIS COURT RESURFACE – For 2017 the Park Board decided that there was
community support to provide a Pickle Ball facility. Originally both of the Fairweather Tennis
Courts were to receive the Pickle Ball striping but after further review, both courts needed
complete resurfacing. In the end, it was decided to resurface just one of the Fairweather Tennis
Courts due to budget restraints and stripe it to accommodate a Pickle Ball Court. Next year,
there will be funds budgeted to resurface the upper Fairweather Tennis Court and in 2019 the
Medina Park Tennis Court will be resurfaced.
AGENDA ITEM 7.1e
Fairweather Tennis Court
AGENDA ITEM 7.1e
4. MAINTENANCE UPDATES – As mentioned earlier the two seasonal maintenance workers (Aaron
Murk & Josh Satterlee) are spending a majority of their time trimming the right-of-way. Pat Crickmore
has the task of identifying the areas that need to be trimmed and handing out first and also second
notices of vegetation overgrowth to the residents. Catey is very busy with the maintenance and cleanup
of the Medina Beach and View Point Parks. Ken and Dave have been tackling all the mowing in the city
which will increase when the City becomes responsible for part of the Evergreen Point LID.
AGENDA ITEM 7.1e
5. PROJECT UPDATES –
2016 NE 32nd Street Overlay – The city has offered the contractor the option to repair all the
defective areas and sealcoat the entire project. Additionally, the contractor will need to provide
a 10 year warranty, retention bond and a second sealcoat in 2022.
2016 City Hall Sidewalk – The new luminaire have been installed by Intolight and TIB has signed
off on the project. The East Railing will still need to be installed and goes out for bid in June.
City Staff will landscape the new areas once the east railing is installed.
2016 84th Ave NE Overlay & NE 24th St Intersection – KPG is currently working on the final
design and has initiated contact with WSDOT and the utility companies. This project will go out
for bid at the end of 2017 and actual construction will start Spring of 2018.
2015 Medina Park Stormwater Pond Imp. – Gray & Osborne is working on developing a
dredging plan for the upper pond. Additionally, they have hired The Watershed Company to
assist with the environmental requirements of the project.
2016 Post Office Park Landscaping – City Staff will complete the landscaping in the Spring.
Planting Pots and a bench has bee
2016 Bocce Ball Court – 2017 PW will add benches and tables in addition to signage.
2016 Medina Park Playground – Complete. The restored grassy areas around the playground
will need time to dry-out and grow.
2016 Relight Washington – Intolight has completed the installation of the LED lighting.
2016 Park Drinking Fountains & Shower – A contractor has been hired to install the drinking
fountains this month.
2017 Hazardous Tree Removal – Norwest Tree Service will begin removing trees this month.
2017 Overlake Drive Bridge Railing & Repair – Draft plans will be completed soon. The
residents that will be impacted by this project have been contacted.
AGENDA ITEM 7.1e
2017 City Hall Parking Improvements – Draft plans will be completed soon. This project is
scheduled to go out for bid in June but will not start until after Labor Day.
2017 Citywide Sidewalk Design – Summer 2017
2017 Medina Park South Pond Bridge Replacement – Design work has begun. This project is
scheduled to go out for bid in June.
2017 Medina Beach Park Tree Replanting – A four phase conceptual plan has been drafted and
part of the first phase will be implemented this Spring/Summer.
2017 NE 32nd Street Gravel Path – This project was added for 2017 and draft plans are complete.
The budget will determine when/if this project will be constructed.
AGENDA ITEM 8.1
AGENDA ITEM 8.1
AGENDA ITEM 8.1
AGENDA ITEM 8.2
AGENDA ITEM 8.2
AGENDA ITEM 8.2
AGENDA ITEM 8.2
MEDINA, WASHINGTON
MEDINA CITY COUNCIL
SPECIAL & REGULAR MEETING MINUTES
Medina City Hall, Council Chambers
501 Evergreen Point Road, Medina
Monday, May 8, 2017
5:00 PM
MAYOR
ALEX MORCOS CITY MANAGER
MICHAEL SAUERWEIN
DEPUTY MAYOR
SHEREE WEN CITY ATTORNEY
KATHLEEN J. HAGGARD
COUNCIL MEMBERS
CYNTHIA ADKINS
PATRICK BOYD
DAVID LEE
JOHN MAFFEI
CURT PRYDE
CITY CLERK
AIMEE KELLERMAN
MINUTES
SPECIAL MEETING
Mayor Morcos called the study session to order in the Medina Council Chambers at 5:00 p.m.
Council Members Present: Adkins, Boyd, Lee, Maffei, Wen and Mayor Morcos
Council Members Absent: Pryde
Staff Present: Sauerwein, Haggard, Ketter, Osada, Sherf, Burns, and Kellerman
STUDY SESSION - CALL TO ORDER / ROLL CALL
City Council Guidelines.
ACTION: Council and staff reviewed chapters 8 through 11 of the proposed City Council Guidelines and made suggested changes. The proposed changes will be presented to Council for approval at the June 12 City Council meeting.
ADJOURNMENT
Council will adjourn to the regular meeting in the Medina Council Chambers.
AGENDA ITEM 8.3AGENDA ITEM 8.3
1. REGULAR MEETING - CALL TO ORDER / ROLL CALL
Mayor Morcos called the regular meeting to order in the Medina Council at 7:05 p.m.
Council Members Present: Adkins, Boyd, Lee, Maffei, Wen and Mayor Morcos
Council Members Absent: Pryde
Staff Present: Sauerwein, Haggard, Ketter, Osada, Burns, and Kellerman
2. PLEDGE OF ALLEGIANCE
The Mayor led the pledge.
3. APPROVAL OF MEETING AGENDA
ACTION: Motion Boyd to pull Agenda Item 8.6 for a separate discussion.
ACTION: Motion Maffei second Boyd and carried by 6:0 (Pryde absent) vote; Council approved the meeting agenda as amended.
4. PRESENTATIONS
None.
5. PUBLIC COMMENT PERIOD
Mayor Morcos opened the public comment period at 7:07 p.m. The following individual addressed the Council:
• Nicole Truitt commented roads and trees and noted that the accessibility of
roads and preponderance of trees helps with the air quality here and making Medina a great place to live. She also commented on the proposal from Clyde Hill to increase the delay time on to SR-520 and felt that it would not be in the best interest of the community for Council to consider it.
Mayor Morcos closed the public comment period at 7:10 p.m.
ACTION: Motion Maffei second Adkins; Council excused the absence of Council Member Pryde.
AGENDA ITEM 8.3AGENDA ITEM 8.3
6. REPORTS AND ANNOUNCEMENTS
6.1 Commissions, Boards, and Advisory Committee Reports.
Planning Commission Chair Shawn Schubring gave a brief report on Planning Commission work.
Police Chief Burns gave a brief report on Emergency Preparedness.
Council reported on events since the last meeting.
7. CITY MANAGER'S REPORT
7.1 Police, Development Services, Finance, Central Services, Public Works
City Manager Michael Sauerwein gave an update on the 84th/24th street design project.
He reported that Senator Kuderer will be on an upcoming Council agenda to provide an update from the State Legislators and also talk about the SR-520 joints noise issue.
8. CONSENT AGENDA
ACTION: Motion Maffei second Wen and carried by 6:0 (Pryde absent) vote; Council approved the Consent Agenda with the exception of Agenda Item 8.6, which was moved to 10.4 for further discussion.
8.1 Subject: April 17, 2017 Approved Park Board Minutes
Recommendation: Receive and file.
Staff Contact: Sunita Hall, Deputy City Clerk
8.2 Subject: April 25, 2017 Approved Planning Commission Minutes
Recommendation: Receive and file.
Staff Contact: Kristin McKenna, Development Services Coordinator
8.3 Subject: April 10, 2017 City Council Regular DRAFT meeting minutes
Recommendation: Adopt.
Staff Contact: Aimee Kellerman, City Clerk
8.4 Subject: April 2017, Check Register
Recommendation: Approve.
Staff Contact: Julie Ketter, Acting Finance Director
8.5 Subject: Proclamation: National Police Week and Peace Officer Memorial Day
Recommendation: Approve.
Staff Contact: Stephen Burns, Chief of Police
AGENDA ITEM 8.3AGENDA ITEM 8.3
8.7 Subject: 2017 Hazardous Tree Removal Project.
Recommendation: Approve.
Result of Recommended Action: Approval will authorize the City Manager to
negotiate and enter into an agreement with Norwest Tree Experts for the 2017 Hazardous Tree Removal Project.
Staff Contact: Ryan Osada, Public Works Director
9. PUBLIC HEARING
None.
10. OTHER BUSINESS
10.1 Subject: Membership on Boards and Commissions
Recommendation: Discussion and Guidance
Result of Recommended Action: Discussion item; outcome depends upon the conclusion of council discussion.
Staff Contact: Stephen Burns, Chief of Police
Mayor Morcos gave a brief summary of the staff report. Council discussed different options for including youths on boards and commissions.
ACTION: Council directed staff to prepare an ordinance authorizing the appointment of one youth advisory member to the Park and Recreation Board, for a one year term.
10.2 Subject: SR 520 Metering
Recommendation: Discussion item only. Outcome depends upon the conclusion of Council discussion.
Result of Recommended Action: Discussion item; outcome depends upon the
conclusion of council discussion.
Staff Contact: Stephen Burns, Chief of Police
City Manager Michael Sauerwein gave a brief report of Clyde Hill’s proposal of revising the meter on the 84th Avenue ramp going westbound on SR 520 in an attempt to reduce traffic during rush hour.
Council briefly discussed.
ACTION: By consensus, Council agreed that this is not the best option for the community and no further action will be taken.
10.3 Subject: City Council Agenda Calendar
Recommendation: Discussion item only; no action needed.
Result of Recommended Action: Council and staff will review upcoming meetings and make necessary changes as needed.
Staff Contact: Michael Sauerwein, City Manager
AGENDA ITEM 8.3AGENDA ITEM 8.3
ACTION: Council and staff reviewed upcoming meetings and there were no changes to the meeting calendar.
8.6 Subject: Receive Sign Code Planning Commission Recommendations Recommendation: Approve.
Result of Recommended Action: Approval will:
1. Accept receipt of the Planning Commission’s recommendation regarding Sign Code Amendments and direct staff to prepare an ordinance;
2. Schedule a discussion on the proposed ordinance for the June 12, 2017, regular city council meeting; and
3. Schedule a public hearing on the proposed ordinance for the July 10, 2017, regular city council meeting.”
Staff Contact: Robert Grumbach, Development Services Director
Council Member Boyd commented on the timeline of the sign code and felt that both the discussion and public hearing should be combined at the June City Council meeting.
ACTION: Motion Boyd, second Maffei , to prepare an ordinance , set the public hearing and Council discussion for the June 12 regular meeting. This carried by a 4:2 (Pryde
abent) (Adkins and Lee dissented) vote.
11. PUBLIC COMMENT
Mayor Morcos opened the public comment period at 8:01 p.m. The following individual addressed the Council:
• Mark Nelson commented on getting clarification of Council’s direction regarding the Planning Commission’s recommendation of the sign code.
City Manager Sauerwein responded that Council’s comments and/or suggestions would be included with the Planning Commission’s recommendation.
Mayor Morcos closed the public comment period at 8:02 p.m.
12. ADJOURNMENT
Motion Wen second Adkins; Council adjourned the Regular Meeting at 8:08 p.m.
_______________________
Alex Morcos, Mayor
Attest:
_____________________________
Aimee Kellerman, City Clerk
AGENDA ITEM 8.3AGENDA ITEM 8.3
CITY OF MEDINA
CHECK REGISTER May, 2017
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 Accounts Payable Check Numbers 58752-58814 & ACHs in the amount of $91,527.02 and the Payroll Check Numbers 4225-4235 & ACHs in the amount of $272,711.43 are approved for
payment this day of June 12, 2017.
Voided AP checks are: 58814
Voided Payroll checks are: None
Notes:
None
____________________________________ Michael Sauerwein, City Manager
Certified Correct. . . . . . ____________________________________ Julie Ketter, Acting Finance Director
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 register June 12, 2017.
____________________________________ Alex Morcos, Mayor
AGENDA ITEM 8.4
Medina City Council Meeting AGENDA ITEM 8.5 Monday, June 12, 2017
AGENDA BILL
Subject: Youth Membership on Parks Board
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Michael Sauerwein, City Manager
Summary:
A discussion was initiated by the Personnel Committee at the May 8 Council meeting regarding the possible appointment of youth members under 18 to the Parks Board. Council consensus was to enact an ordinance amending the municipal code to allow an optional youth member of the Parks Board. The optional youth member would serve a one year term and be entitled to attend all meetings and
participate in discussions, but would not count toward the quorum, vote, or serve as chair or vice chair.
The ordinance accompanying this agenda bill adopts the above changes to the municipal code.
Budget/Fiscal Impact: None Staff Recommendation: Approve Ordinance No. 946
City Manager Approval:
Proposed Council Motion:
“I move to adopt Ordinance No.946 which will amend the Municipal Code to allow for a Youth advisory member to the Park and Recreation Board.””
r---_:s_
Ordinance No. 946 Page 1 of 2
Ordinance No. 946 MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTION 8.04.020 OF THE MEDINA MUNICIPAL CODE RELATED TO MEMBERSHIP ON THE PARKS AND RECREATION BOARD WHEREAS, the City Council of the City of Medina wishes to extend to high school students a limited membership opportunity on the Parks and Recreation Board, and to clarify the Medina Municipal Code provisions accordingly. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Amend MMC 8.04.020. Section 2.40.020 of the Medina Municipal Code is amended to read as follows:
2.40.020 Membership.
A. Number of Members. The parks and recreation board shall consist of seven voting members,
each of whom shall be appointed for a term of four years. An optional eighth member may be
appointed, who is between the ages of 15 and 18 and enrolled in high school. The term of the
optional youth member shall be one year. The optional youth member shall be entitled to
participate in all discussions and meetings of the parks and recreation board in an advisory
capacity, but shall not vote, count toward the quorum, or serve as chairperson or vice
chairperson. However, the first appointments to the parks and recreation board shall consist of
two individuals appointed for terms of two years, two individuals appointed for terms of three
years, and three individuals appointed for terms of four years. Subsequent appointments shall
be for four-year terms. Terms shall expire on June 30th.
B. Appointment. The mayor Council Personnel Committee shall recommend appointment, with
the consent confirmation of the city council, of members of the parks and recreation board.
Members of the parks and recreation board must reside within the city limits of Medina. Parks
and recreation board members shall be selected and serve without compensation.
C. Removal. Members of the parks and recreation board may be removed at any time by the
mayor, with the prior consent of the city council, for neglect of duty, conflict of interest,
malfeasance in office or other just cause, or for unexcused absence for more than three
Ordinance No. 946 Page 2 of 2
consecutive regular meetings. The decision of the city council shall be final and there shall be
no appeal.
D. Vacancies. Vacancies, occurring other than through the expiration of term, shall be filled for
the unexpired term in the same manner as for appointments as provided by this chapter.
Section 2. Effective Date. This ordinance shall take effect five days after passage as required by law. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 12TH DAY OF JUNE 2017.
Alex Morcos, Mayor
Approved as to form:
Attest:
Kathleen J. Haggard, City Attorney Porter Foster Rorick LLP Aimee Kellerman, City Clerk
Medina City Council Regular Meeting AGENDA ITEM 8.6 Monday, June 12, 2017
AGENDA BILL
Subject: Confirmation of Appointment and Reappointment to the Medina Park and Recreation Board, Civil Service Commission, and Planning Commission
Category:
Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Aimee Kellerman, City Clerk, for Alex Morcos, Mayor
Summary: On June 30, 2017, the following terms will expire for the Medina Park and Recreation Board, Civil Service Commission and Planning Commission:
• Park and Recreation Board, Positions 1, 3, and 4
• Civil Service Commission, Position 1
• Planning Commission, Positions 1 and 5 The Civil Service Commission also has an immediate opening due to the resignation of Anthony
Shapiro in Position 3, with an expiring term on June 30, 2019. Volunteers in these positions were notified of expiring terms and encouraged to reapply. On April 14, 2017 recruitment notices were posted on City notice boards, on the City’s website, and delivered through the City’s e-notice program. On May 11, the personnel committee interviewed two applicants, Lou Hillenbrand and William Kinzel. Appointments to CSC are made by the City Manager and approved by the City Council. The Personnel Committee interviewed as a courtesy at the City Manager’s request. City Manager Michael Sauerwein recommends the reappointment of John Bell to Position 1 and
appoint William Kinzel to the remaining term of Position 3, set to expire on June 30, 2019. There were no interviews conducted for the Park and Recreation Board. The Mayor
recommends the reappointment of Penny Martin to Position 3 and Gabriele Dickmann to Postion 4. The Mayor also recommends the appointment of Gretchen Stengel to Position 1.
Mayor Morcos also recommends the appointment of Daniel Scherzer for the advisory position on the Park Board following approval of the ordinance creating a Youth Membership position to the Park Board. There were no interviews conducted for the Planning Commission. Mayor Morcos recommends the reappointment of Shawn Schubring to Position 5 and appointment of Laurel Preston to Position 1.
Per Resolution 332, recommendations must be presented to the full council at least ten days prior to the meeting at which they are to be considered. The attached email was sent in accordance with this rule and the original record included the applications. If appointed this evening, all upcoming vacancies and current vacancies will be filled.
Medina City Council Regular Meeting AGENDA ITEM 8.6 Monday, June 12, 2017
Attachment:
6/1/2017 Email to Council Members
Budget/Fiscal Impact: None
Staff Recommendation:
a) Confirm the appointment of Gretchen Stengel to Position1, reappoint Penny Martin to Position 3 and GabrieleDickmann to Position 4 of the Park and Recreation Board.
b) Confirm the appointment of Daniel Sherzer as the YouthAdvisor to the Park and Recreation Board for a term of oneyear.
c) Confirm the reappointment of John Bell to Position 1 and
the appointment of William Kinzel to the remaining term ofPosition 3 of the Civil Service Commission.
d) Confirm the appointment of Laurel Preston to Position 1
and reappoint Shawn Schubring to position 5 of thePlanning Commission.
City Manager Approval:
Proposed Council Motion: “I move to approve confirmation of the Personnel Committee’s recommendations.”
From:Aimee Kellerman
To:Alex Morcos; Sheree Wen; Cynthia Adkins; John Maffei; Patrick Boyd; David Lee; Curt Pryde (cpryde@medina-wa.gov)
Cc:Michael Sauerwein; Kathleen J. Haggard
Subject:Appointment Confirmations
Date:Thursday, June 1, 2017 2:31:00 PM
Honorable Mayor and Council Members,
During the June 12 City Council meeting the agenda will include the following:
1) Confirm the appointment of Gretchen Stengel to Position 1; reappointment of Penny
Martin to Position 3 and Gabriele Dickmann to Position 4 of the Park and Recreation Board
2) Confirm the appointment of Laurel Preston to Position 1 and reappointment of Shawn
Schubring to Position 5 of the Planning Commission
3) Confirm the appointment of Daniel Scherzer to the newly created youth advisory to the
Park and Recreation Board
4) Confirm the appointment William Kinzel to Position 3 and reappointment of John Bell to
Position 1 of the Civil Service Commission
Civil Service Commission:
On May 11, the personnel committee interviewed two applicants, Lou Hillenbrand and WilliamKinzel. Appointments to CSC are made by the City Manager and approved by the City Council. ThePersonnel Committee interviewed as a courtesy at the City Manager’s request. Park Board:There were no interviews conducted. The Mayor recommends the reappointment of Penny Martin andGabriele Dickmann. The Mayor also recommends the appointment of Gretchen Stengel who had appliedlast year and was previously interviewed and approved by the Personnel Committee.Chair Blazey and the Mayor interviewed Daniel Scherzer for the advisory position on the Park Boardfollowing approval of the ordinance creating a Youth Membership position to the Park Board. Planning Commission:There were no interviews conducted. The Mayor recommends the reappointment of Shawn Schubring.The Mayor also recommends the appointment of Laurel Preston who had applied last year and waspreviously interviewed and approved by the Personnel Committee.
Sincerely,
Aimee Kellerman, City Clerk/HR Manager
City of Medina
PO Box 144 | 501 Evergreen Point Road
Medina, WA 98039-0144
O: 425.233.6411
F: 425.451.8197
The information contained in this email may be confidential and/or protected from disclosure. If youare not the intended recipient, any dissemination, distribution, or copying of the contents of this
message is strictly prohibited. If you believe you received this message in error, please delete themessage and email the sender at akellerman@medina-wa.gov
AGENDA BILL
Subject: Ordinance PSE Franchise
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Michael Sauerwein, City Manager
Summary:
Puget Sound Energy (PSE) currently has facilities for natural gas and electrical power over
and under City of Medina streets and public properties. PSE facilities have occupied the right
of way practically since the City was incorporated (1955). PSE has been operating under an old franchise agreement which expired in 2010.
In order to accomplish future undergrounding of utilities, an update to the franchise agreement
is required. PSE proposed a draft agreement and the City responded with several additional
terms designed to protect the City’s rights and property. Through negotiation, the parties agreed upon mutually-acceptable terms. The franchise requires PSE to confine its facilities to the franchise area, obtain all required permits and furnish a bond for construction, fully restore the franchise area after construction, accept liability for claims arising out of PSE’s facilities,
relocate its facilities as necessary to accommodate public works projects, and maintain
insurance of the types and amounts acceptable to WCIA.
In response to Council comments at the April meeting, staff negotiated additional changes with PSE, including a shorterned term of 15 years, a revised definition of “franchised area” to
clearly exclude public properties except rights-of-way, a requirement for City consent to
assignment, and a requirement for PSE to adhere to any applicable code requirements for screening or visual mitigation of facilities.
Franchise Fee and Utility Tax:
State law prohibits the City from imposing a franchise fee on electrical power or gas companies; however, the City does collect a utility tax.
Adoption of the Franchise Ordinance
RCW 35A.47.040 states, “No ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving
vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective.”
In compliance with this statute, the Franchise Ordinance was “introduced” at the March 13, 2017 City Council Meeting and will be “adopted” at the June 12, 2017 City Council Meeting.
Budget/Fiscal Impact: NA
AGENDA ITEM 8.7
Staff Recommendation: Adopt the Franchise Ordinance No. 947
City Manager Approval:
Proposed Council Motion: “I move to adopt the Franchise Ordinance No.947.”
AGENDA ITEM 8.7
Ordinance No. 947 Page 1 of 12
ORDINANCE NO. 947
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON GRANTING PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO SET, ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH, CONNECT, MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA TO PROVIDE FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ENERGY FOR POWER, HEAT AND LIGHT, AND ANY OTHER PURPOSES FOR WHICH GAS AND ENERGY MAY BE USED.
WHEREAS, State law confers upon Code cities the authority to regulate uses of the public rights-of-way, as well as the authority to “grant non-exclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for . . . poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy [and] gas . . . .”; and
WHEREAS, the City of Medina and Puget Sound Energy (PSE) have negotiated a mutually-acceptable franchise agreement as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions.
1.1 Where used in this franchise (the "Franchise") the following terms shall mean:
1.1.1 "PSE" means Puget Sound Energy, Inc., a Washington corporation, and its successors and assigns.
1.1.2 "City" means the City of Medina, a code city of the State of Washington, and its successors and assigns.
1.1.3 "Franchise Area" means all rights-of-way for public roads, streets, avenues, alleys, and highways of the City as now laid out, platted, dedicated, acquired or improved; all rights-of-way for public roads, streets, avenues, alleys, and highways that may hereafter be laid out, platted, dedicated, acquired or improved within the present limits of the City and as such limits may be hereafter extended; and all City owned utility easements dedicated for the placement and location of various utilities provided such easement would permit PSE to fully exercise the rights granted under this Franchise within the area covered by the easement.
1.1.4 "Facilities" means, collectively, any and all (i) natural gas distribution systems, including but not limited to, gas pipes, pipelines, mains, laterals, conduits, feeders, regulators, valves, meters, meter-reading devices, fixtures, and communication systems; (ii) electric transmission and distribution systems, including but not limited to, poles (with or without crossarms), wires, lines, conduits, cables, braces, guys, anchors and vaults, meter-reading
Commented [PSE1]: Moved to the end of the grant text in paragraph 2.1.
Ordinance No. 947 Page 2 of 12
devices, fixtures, and communication systems; and (iii) any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the same be located over or under ground.
1.1.5 "Ordinance" means Ordinance No._947___, which sets forth the terms and conditions of this Franchise.
Section 2. Facilities Within Franchise Area.
2.1 The City does hereby grant to PSE the right, privilege, authority and franchise to set, erect, lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area to provide for the transmission, distribution and sale of gas and energy for power, heat, light and such other purposes for which gas and energy may be used. This Franchise shall not convey to PSE any right to use City-owned or leased property outside the Franchise Area for installation of Facilities.
2.2 Existing Facilities installed or maintained by PSE on public grounds and places within the City in accordance with prior franchises (but not within the Franchise Area as defined by this Franchise) may be maintained, repaired and operated by PSE at the location such Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided, however, that no such Facilities may be enlarged, improved or expanded without the prior review and approval of the City pursuant to applicable ordinances, codes, resolutions, standards and procedures. If PSE seeks to enlarge, improve, or expand such Facilities not contained within the Franchise Area, the City may request that PSE relocate the Facilities into the Franchise Area pursuant to the rights granted by this Franchise as part of the enlargement, improvement or expansion work. PSE will consider the facts and conditions that bear upon such request and will meet with the City to discuss such request prior to enlarging, improving or expanding the Facilities. When reasonably determined by PSE to be consistent with prudent utility practice, PSE will relocate such Facilities into the Franchise Area as so requested by the City.
2.3 PSE shall at all times post and maintain proper barricades and comply with all applicable safety regulations during any period of construction or maintenance activities within the Franchise Area as required by City or state regulations, including RCW 39.04.180 for the construction of trench safety systems.
2.4 PSE shall, after any installation, construction, relocation, maintenance, or repair of Facilities within the Franchise Area, promptly restore the Franchise Area to at least the same condition as existed immediately prior to any such installation, construction, relocation, maintenance or repair in accordance with City standards at its sole cost and expense. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored per WAC 332-120, as the same now exists or may hereafter be amended, and all pertinent federal, state and City standards and specifications. The Public Works Director shall have final approval of the condition of the Franchise Area after restoration.
2.5 Before undertaking any work within the Franchise Area authorized by this Franchise, PSE shall, if requested by the City, furnish a bond executed by PSE and a corporate surety authorized to do surety business in the State of Washington, in a sum to be set and approved by the Public Works Director as reasonably sufficient to ensure performance of PSE’s obligations under this Franchise with respect to such work. The bond shall be conditioned so that PSE shall restore or replace any defective work or materials discovered in the restoration of the
Ordinance No. 947 Page 3 of 12
Franchise Area within a period of two years from the final City inspection date of any such restoration.
Section 3. Noninterference of Facilities.
3.1 PSE's Facilities shall be maintained within the Franchise Area so as not to unreasonably interfere with the free passage of traffic and in accordance with the laws of the State of Washington. In the event that the Public Works Director determines, after providing written notice to PSE and a reasonable opportunity for PSE to respond to the Public Works Director’s concerns, that any one or more of PSE’s Facilities within the Franchise Area unreasonably interfere with the free and safe passage of pedestrian and vehicular traffic therein (including with respect to then-existing routes of ingress or egress to properties abutting thereto), PSE shall promptly take such action as is reasonably necessary to eliminate such interference. The City shall fully cooperate with PSE, including, without limitation, allowing changes to or modifications of the Franchise Area at PSE’s expense, if such changes or modifications provide the most effective and economical means of eliminating such interference. PSE shall exercise its rights within the Franchise Area in accordance with applicable federal and state laws, as well as City codes, ordinances, and permits governing use and occupancy of the Franchise Area, including any applicable City code requirements for visual screening of Facilities; provided, however, in the event of any conflict or inconsistency of such codes, ordinances and permits with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded PSE by such City codes and ordinances.
3.2 PSE shall provide the City, upon the City's reasonable request, copies of available drawings in use by PSE showing the location of its Facilities at specific locations within the Franchise Area. As to any such drawings so provided, PSE does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. Further, upon the City’s reasonable request in connection with the City’s design of public improvement of the Franchise Area, PSE shall provide field markings of its underground Facilities within the Franchise Area, if such Facilities can be so marked with reasonable accuracy. Nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities.
3.3 In the event PSE’s Facilities or operations cause or contribute to a condition that appears to endanger any person or substantially impair the lateral support of the Franchise Area or public or private property adjacent thereto, the Public Works Director may direct PSE, at no charge or expense to the City, to promptly take such action as may be reasonably necessary to resolve such condition and eliminate such endangerment. Such directive may include compliance within a prescribed period of time. In the event PSE fails to promptly take action as directed by the City, or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take actions as it reasonably believes are necessary to protect persons or property and in such event PSE shall be responsible to reimburse the City for its costs incurred in so doing. In taking such emergency action, the City shall not direct or authorize any staff or contractors to move, manipulate, or come into contact with any PSE facility, other than actions taken by trained emergency response personnel to stop the flow of natural gas actively contributing to a dangerous condition by closing the natural gas supply valve at a meter or appliance.
Ordinance No. 947 Page 4 of 12
Section 4. Relocation of Facilities.
4.1 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area, and such public right of way improvement requires the relocation of PSE's then existing Facilities within the Franchise Area (for purposes other than those described in paragraph 4.2 below), the City shall:
4.1.1 provide PSE, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and
4.1.2 provide PSE with reasonable plans and specifications for such public right of way improvement.
After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities within the Franchise Area at no charge to the City. If the City requires the subsequent relocation of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 4.1, the City shall bear the entire cost of such subsequent relocation. As used in this Section 4, the term “public right of way improvement” is a City-funded capital improvement to the public right of way identified in the City’s six-year transportation improvement program.
4.2 Whenever (i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, PSE shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities.
4.3 Any condition or requirement imposed by the City upon any person or entity, other than PSE, that requires the relocation of PSE's Facilities shall be a required relocation for purposes of paragraph 4.2 above (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development).
4.4 Nothing in this Section 4 "Relocation of Facilities" shall require PSE to bear any cost or expense in connection with the location or relocation of any Facilities then existing pursuant to easement or such other rights not derived from this Franchise.
4.5 Upon the City’s request, PSE shall provide the City copies of any plans or drawings prepared by PSE for potential improvements, relocations, or conversions to its Facilities within the Franchise Area; provided, however, that any such plans so submitted shall be for information purposes only and shall not obligate PSE to undertake any specific improvements within the Franchise Area, nor shall such plans be construed as a proposal to undertake any specific improvement within the Franchise Area.
Section 5. Shared Use of Excavations.
5.1 In the event either PSE or the City shall cause excavations to be made within the Franchise Area, the party causing such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to use such excavation so long as such joint use does not unreasonably delay the work of the party causing such excavation, and such joint use is arranged
Ordinance No. 947 Page 5 of 12
and accomplished upon terms and conditions reasonably satisfactory to the party causing such excavation.
Section 6. Reservation of Easement in Event of Vacation.
6.1 In the event the City vacates any portion of the Franchise Area during the term of this Franchise, the City shall, in its vacation procedure, reserve and grant an easement to PSE for PSE's Facilities.
Section 7. Moving Buildings within the Franchise Area.
7.1 If any person or entity obtains permission from the City to use the Franchise Area for the moving or removal of any building or other object, the City shall, prior to granting such permission, require such person or entity to arrange with PSE for the temporary adjustment of PSE's overhead wires necessary to accommodate the moving or removal of such building or other object. Such person or entity shall make such arrangements, upon terms and conditions acceptable to PSE, not less than thirty (30) days prior to the moving or removal of such building or other object. In such event, PSE shall, at the sole cost and expense of the person or entity desiring to move or remove such building or other object, adjust any of its overhead wires which may obstruct the moving or removal of such building or object.
Section 8. Indemnification.
8.1 PSE shall indemnify and hold the City, its agents, officers and employees harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another, to the extent such injury or damage is caused by the willfully tortious acts or negligence of PSE, its agents, servants or employees in exercising the rights granted to PSE in this Franchise; provided, however, that in the event any such claim or demand be presented to or filed with the City, the City shall promptly notify PSE thereof, and PSE shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand; provided further, that in the event any suit or action is begun against the City based upon any such claim or demand, the City shall likewise promptly notify PSE thereof, and PSE shall have the right, at its election and its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election.
8.2 Solely to the extent required to enforce the indemnification provisions of this Section 8, PSE waives its immunity under Title 51 RCW, Industrial Insurance; provided, however, the foregoing waiver shall not in any way preclude PSE from raising such immunity as a defense against any claim brought against PSE by any of its employees. This provision has been mutually negotiated by the parties hereto, and PSE acknowledges that the City would not enter into this Franchise without PSE’s agreement to the foregoing waiver.
Section 9. Insurance.
9.1 PSE shall procure and maintain insurance, as required in this Section, without interruption for the duration of this Franchise. PSE’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of PSE to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.
Ordinance No. 947 Page 6 of 12
9.2 PSE’s required insurance shall be of the types and coverage as stated below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. Automobile Liability insurance shall have a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be included as additional insured under PSE’s Commercial General Liability insurance policy with respect to the work performed under this Franchise. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $10,000,000 general aggregate and $10,000,000 products-completed operations aggregate limit.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington and employer’s liability insurance of not less than $2,000,000.
9.3 PSE’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City for claims arising out of PSE’s indemnity obligations under this Franchise. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of PSE’s insurance and shall not contribute with it.
9.4 Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
9.5 PSE shall furnish the City with original certificates evidencing the insurance requirements of PSE before commencement of the work.
9.6 If any coverage required herein is issued on a “claims-made” basis, PSE warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Franchise termination.
9.7 In lieu of the insurance requirements set forth in this Section 9, PSE may self-insure against such risks in such amounts as are consistent with good utility practice. Upon the City's request, PSE shall provide the City with reasonable written evidence that PSE is maintaining such self-insurance.
Section 10. Default.
10.1 If PSE shall materially fail to comply with the provisions of this Franchise, the City may serve upon PSE a written order to so comply within sixty (60) days from the date such order is received by PSE. If PSE is not in compliance with this Franchise after expiration of said sixty (60) day period, the City may, by ordinance, declare an immediate forfeiture of this Franchise; provided, however, if any failure to comply with this Franchise by PSE cannot be corrected with due diligence within said sixty (60) day period (PSE's obligation to comply and to proceed with
Ordinance No. 947 Page 7 of 12
due diligence being subject to unavoidable delays and events beyond its control), then the time within which PSE may so comply shall be extended for such time as may be reasonably necessary and so long as PSE commences promptly and diligently to effect such compliance.
Section 11. Nonexclusive Franchise.
11.1 This Franchise is not, and shall not be deemed to be, an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area that do not interfere with PSE's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof.
Section 12. City Use of Facilities.
12.1 During the term of this Franchise, the City may, subject to PSE's prior written consent which shall not be unreasonably withheld, install and maintain City-owned overhead wires for traffic signalization and police and fire communications upon PSE's poles which are Facilities located within the Franchise Area. The foregoing rights of the City to install and maintain such wires are further subject to the following:
12.1.1 The City shall perform such installation and maintenance at its sole risk and expense in accordance with all applicable laws and in accordance with such reasonable terms and conditions as PSE may specify from time to time (including, without limitation, requirements accommodating Facilities or the facilities of other parties having the right to use the Facilities); and
12.1.2 PSE shall have no obligation under Section 8 of this Franchise in connection with any City-owned wires installed or maintained on PSE's poles. The City shall indemnify, defend and hold harmless PSE in connection with the City's use of PSE's poles.
Section 13. Underground installation of Facilities
13.1 Subject to and in accordance with applicable tariffs on file with the Washington Utilities and Transportation Commission, PSE will cooperate with the City in the formulation of policy and development regulations concerning underground installation of PSE facilities within the Franchise Area. If, during the term of this Franchise, the City shall direct PSE to replace (convert) its overhead electric distribution facilities then existing within the Franchise Area with underground Facilities, such underground conversion shall be arranged and accomplished subject to and in accordance with applicable tariffs on file with the Washington Utilities and Transportation Commission.
Section 14. Franchise Term.
14.1 This Franchise is and shall remain in full force and effect for a period of fifteen (15) years from and after the effective date of the Ordinance; provided, however, PSE shall have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this Franchise unless PSE shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. Within two (2) years, but not less than 180 days prior to the expiration of the term of this Franchise, PSE may make written request to the City to extend the term of this Franchise for one or more additional five (5) year periods, not to
Ordinance No. 947 Page 8 of 12
exceed a combined total term of 30 years, which may be granted at the discretion of the Medina City Council.
Section 15. Assignment.
15.1 PSE shall have the right to assign its rights, benefits and privileges in and under this Franchise with the City’s advance consent, which shall not be unreasonably withheld. Any assignee shall, within thirty (30) days of the date of any assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, PSE shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits and privileges in and under this Franchise for the benefit of bondholders.
Section 16. Recovery of Costs.
16.1 As specifically provided by RCW 35.21.860, the City may not impose a franchise fee or any other fee or charge of whatever nature or description upon PSE. However, as provided in RCW 35.21.860, the City may recover from PSE actual administrative expenses incurred by the City that are directly related to: (i) receiving and approving a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii) preparing a detailed statement pursuant to Chapter 43.21C RCW.
16.2 Promptly following adoption of this Franchise, the City shall provide to PSE a statement of actual administrative expenses incurred by the City that are properly reimbursable to the City under Section 16.1, and thereafter PSE shall promptly reimburse the City for such expenses.
Section 17. Utility Tax
Nothing in this Franchise shall exempt PSE from payment of any and all taxes lawfully imposed by the Medina Municipal Code and due from PSE; provided that nothing in this Section shall be construed as a waiver of PSE’s rights to contest the validity of any such tax or the amount of any tax due.
Section 18. Dispute Resolution
The parties recognize that cooperation and communication are essential to resolving issues quickly and efficiently. If any dispute arises in regard to the terms or conditions of this Franchise, then the parties shall meet and engage in good faith discussions with the objective of settling the dispute within ten (10) days after either party requests such a meeting. If the parties cannot resolve the dispute within such ten (10) day period, the parties will, upon the written request of either party, seek to resolve the dispute in accordance with the following dispute resolution process:
Level One – A representative from PSE and the City’s Public Works Director shall meet to discuss and attempt to resolve the dispute in a timely manner. If these representatives cannot resolve the dispute within fourteen (14) calendar days after referral of the dispute to Level One, either party may by written notice to the other party refer the dispute to Level Two.
Ordinance No. 947 Page 9 of 12
Level Two –In the event either party properly refers the dispute to Level Two, the parties shall refer the dispute to mediation using a mediator mutually agreeable to the parties. If such mediation does not resolve the dispute within fourteen (14) calendar days after referral of the dispute to Level Two, either party may seek resolution of the dispute through litigation or other judicial proceedings.
Notwithstanding the foregoing or any other provision of this Franchise to the contrary, with respect to any dispute arising under this Franchise, either party may commence litigation or other judicial proceedings within thirty (30) days prior to the date after which the commencement of litigation could be barred by any applicable statute of limitations or other law, rule, regulation, or order of similar import or in order to request injunctive or other equitable relief necessary to prevent irreparable harm. In such event, the Parties will (except as may be prohibited by judicial order) nevertheless continue to follow the procedures set forth in this Section.
Section 19. Miscellaneous.
19.1 If any term, provision, condition or portion of this Franchise shall be held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Franchise which shall continue in full force and effect. The headings of sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.
19.2 This Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 5 above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically:
19.2.1 references this Franchise; and
19.2.2 states that it supersedes this Franchise to the extent it contains terms and conditions that change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control.
19.3 This Franchise is subject to the provisions of any applicable tariff on file with the Washington Utilities and Transportation Commission or its successor. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control.
Section 20. No Third Party Beneficiary
20.1 Nothing in this Franchise shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. This Franchise
Ordinance No. 947 Page 10 of 12
shall not confer any right or remedy upon any person other than the City and PSE. No action may be commenced or prosecuted against either the City or PSE by any third party claiming as a third party beneficiary of this Franchise. This Franchise shall not release or discharge any obligation or liability of any third party to either the City or PSE.
Section 21. Effective Date.
21.1 This Ordinance shall be effective on ________________, 2017, having been: (i) introduced to the City Council not less than five days before its passage; (ii) first submitted to the City Attorney on ________________, 2017; (iii) published at least five days prior to the above-referenced effective date and as otherwise required by law; and (iv) passed at a regular meeting of the legislative body of the City of Medina by a vote of at least five members of the City Council on June 12, 2017.
Signed and approved by the Mayor on the 12th day of June, 2017.
Alex Morcos, Mayor
Approved as to form:
Attest:
Kathleen J. Haggard, City Attorney Porter Foster Rorick LLP Aimee Kellerman, City Clerk
Ordinance No. 947 Page 11 of 12
STATE OF WASHINGTON ) ) ss. COUNTY OF KING )
I, Aimee Kellerman, the duly qualified City Clerk of the City of Medina, a Non-charter Code City, situated in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 947, an ordinance of the City of Medina, entitled:
ORDINANCE NO. 947
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, the right, privilege, authority and franchise to set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and to charge and collect tolls, rates and compensation for such energy and such uses.
I further certify that said Ordinance No. 947 was: (i) introduced on the 12th day of June, 2017; (ii) submitted to the City Attorney on the 12th day of June, 2017; (iii) published on the ____ day of ______________, 2017, according to law; (iv) approved by a majority of the entire legislative body of the City of Medina, at a regular meeting thereof on the 12th day of June, 2017; and (v) approved and signed by the Mayor of the City of Medina on the 12th day of June, 2017.
WITNESS my hand and official seal of the City of Medina this ____ day of _________________, 2017.
_______________________________
_______________________, City Clerk
City of Medina, State of Washington
Ordinance No. 947 Page 12 of 12
HONORABLE MAYOR AND CITY COUNCIL CITY OF MEDINA, WASHINGTON In the matter of the application : of Puget Sound Energy, Inc., a : Franchise Ordinance No. 947 Washington corporation, for a : franchise to construct, operate : and maintain facilities in, upon, : over under, along, across and : through the franchise area of the : ACCEPTANCE City of Medina, King County, : Washington : WHEREAS, the City Council of the City of Medina, Washington, has granted a franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, by enacting Ordinance No. 947, bearing the date of June 12, 2017; and WHEREAS, a copy of said Ordinance granting said franchise was received by the Puget Sound Energy, Inc. on ___________________, 2017, from said City of Medina, King County, Washington. NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Medina, King County, Washington. IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this written Acceptance to be executed in its name by its undersigned __________________________________ thereunto duly authorized on this ____ day of __________________, 2017_. ATTEST: PUGET SOUND ENERGY, INC. _________________________________ By:_________________________________ Copy received for City of Medina: On: , 2017 By: City Clerk
Medina City Council Regular Meeting AGENDA ITEM 9.1 Monday, June 12, 2017
AGENDA BILL
Subject: Updated City Council Guidelines
Category:
Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Michael Sauerwein, City Manager
Summary: The City Council began discussions of revising the City Council Guidelines at their retreat in early 2016. Changes to the guidelines were discussed and refined at City Council Study Sessions in March and May, 2017, with the final draft proposed for adoption at the June 12, 2017 City Council regular meeting.
Attachment:
Ordinance No. 948 Amending Chapter 2.04 of the Medina Municipal Code related to Council Meetings, with the Revised City Council Guidelines attached as Exhibit A
Budget/Fiscal Impact: None
Staff Recommendation:
Adopt Ordinance No. 948, amending Chapter 2.04 of the
Medina Municipal Code and adopt the revised City Council Guidelines.
City Manager Approval:
Proposed Council Motion: “I move to adopt Ordinance No. 948 and the newly revised City Council Guidelnes.”
CITY OF MEDINA, WASHINGTON
ORDINANCE NO. 948
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING CHAPTER 2.04 OF THE MEDINA MUNICIPAL CODE RELATED TO COUNCIL MEETINGS.
WHEREAS, the Medina City Council wishes to adopt updated City Council Guidelines, which were last revised in December of 2011; and
WHEREAS, for consistency, adopting the updated Guidelines requires an update to Chap. 2.04 of the Medina Municipal Code (MMC).
NOW, THEREFORE, the City Council of the City of Medina ordains as follows:
Section 1. Chap. 2.04 MMC and the corresponding portion of Ordinance No. 460 are
amended to read as follows:
2.04.010 Time.
The regular meeting of the city council will be held on the second Monday of each month,
commencing at 6:30 p.m.
2.04.020 Place.
The regular meeting place of the city council will be at the Medina City Hall Improvement
Clubhouse at the south extreme of the Medina Dock Road (76th N.E.), Medina, Washington.
2.04.030 Rules of order.
The City Council Guidelines (“Guidelines”) are incorporated by reference as general rules of
order for the Council. Except as otherwise provided in this chapter or in the Guidelines, the
procedure of the meetings of the city council shall be governed by Robert’s Rules of Order
Revised, Seventy-fifth Anniversary Edition.
2.04.050 Duties of presiding officer.
It is the duty of the presiding officer of the council meeting to:
A.Call the meeting to order;
B.Keep the meeting to its order of business;
C.Handle discussion in an orderly way:
AGENDA ITEM 9.1
1. Give every councilmemberan who wishes a chance to speak,
2. Permit audience participation at appropriate times,
3. Keep all speakers to the rules of order, and to the questions,
4. Give pro and con speakers alternating opportunities to speak;
D. State each motion before it is discussed, and before it is voted upon;
E. Put motions to a vote and announce the outcome;
F. Appoint committees when authorized to do so.
2.04.060 Authority of chair.
All questions of order shall be decided by the presiding officer of the council with the right of
appeal to the council by any member.
2.04.070 Right to speak.
A. No member of the council shall speak more than twice on the same subject without
permission of the presiding officer.
B. No person, not a member of the council, shall be allowed to address the same while in
session unless as part of a designated public hearing or comment period without the permission
of the presiding officer five members of the Council.
2.04.080 Precedence and prerogative.
A. Motions to lay any matter on the table shall be first in order; and on all questions, the last
amendment, the most distant day, and the largest sum shall be put first.
B. A motion for adjournment shall always be in order.
C. Motions to reconsider must be by a member who voted with the majority and at the same or
next succeeding meeting of the council.
2.04.090 Ordinances, resolutions and motions to be written.
AGENDA ITEM 9.1
Motions shall be reduced to writing when required by the presiding officer of the council or any
member of the council. All resolutions and ordinances shall be in writing.
2.04.100 Suspension of rules.
The rules of the city council may be altered, amended or temporarily suspended by a vote of
two-thirds of the five members present.
2.04.110 Committees.
The city council may, from time to time, appoint temporary or long-term committees from among
its membership. All committees shall dissolve at the time of council elections.
The chairman, if any, of each respective committee of the council, or the councilmemberan
acting for him in his or her place, shall submit or make all reports to the council when so
requested by the presiding officer or any member of the council.
2.04.120 Attendance of officers.
The city manager, clerk, and city attorney, and such other officers or employees of the city as
may by the council be requested to do so, shall attend all meetings of the council and shall
remain in the council room for such length of time as the council may direct.
2.04.130 Failure to attend – Penalty.
Every officer, whose duty it is to report at the regular meetings of the council, shall in default
thereof, be fined at the discretion of the council.
2.04.140 Duty to vote.
Each member present must vote on all questions put to the council, except as to any matter in
which such councilmemberan must abstain due to a conflict of has a personal financial interest.
2.04.150 Duty of clerk.
The clerk shall keep a correct journal of all proceedings and at the wish of any member the ayes
and noes shall be taken on any question and entered in the journal.
2.04.160 Special meetings.
AGENDA ITEM 9.1
A. Special meetings may be called by the mayor or any three a majority of councilmembers by
written notice delivered to each member of the council at least 24 hours before the time
specified for the proposed meeting.
B. No ordinance or resolution shall be passed, or contract let or entered into, or bill for the
payment of money allowed at any meeting not open to the public, nor at any public meeting the
date of which is not fixed by ordinance, resolution or rule, unless public notice of such meeting
has been given by such notice to each local newspaper of general circulation and to each local
radio or television station, as provided in RCW 42.30.080 as now or hereafter amended.
Section 2. This ordinance shall take effect five days after passage as required by law. ENACTED BY THE CITY COUNCIL ON THIS DAY OF , 2017 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2017. Alex Morcos, Mayor Approved as to form: Attest:
Kathleen J. Haggard, City Attorney Porter Foster Rorick LLP Aimee Kellerman, City Clerk
AGENDA ITEM 9.1
1
CITY OF MEDINA
CITY COUNCIL GUIDELINES
Adopted April 12, 2004
Updated: December 2009
Updated: December 2011
Updated: June 2017
MEDINA CITY COUNCIL RULES AND GUIDELINES
TABLE OF CONTENTS
2
INTRODUCTION 4
ORGANIZATIONAL CHART 6
Chapter 1 GENERAL OVERVIEW 7
Basic City Documents 7
A. Medina Municipal Code 7
B. Revised Code of Washington 7
C. Annual Budget 7
D. Comprehensive Plan 8
E. Comprehensive Emergency Management Plan 8
Chapter 2 COUNCIL CORE VALUES 8
Chapter 3 MEDINA CITY GOVERNMENT 8
3.01 Council–Manager Form of Government 8
3.02 City Council 9
3.03 Role of Mayor and Deputy Mayor 9
A. Selection of Mayor 9
B. Role of Mayor
C. Selection of Deputy Mayor
D. Role of Deputy Mayor
3.04 Boards, Commissions, and Ad Hoc Committees 10
A. Role of Boards, Commissions, and Committees 10
B. Appointments, qualifications and Terms of Service 10
C. Appointment Process 11
D. Council Members’ Role and Relationship with Advisory Bodies 12
3.05 Council Committees
Chapter 4 TRAVEL POLICY 13
4.01 Travel Involving an Overnight Stay 13
4.02 Reimbursement of Travel Expenses 13
Chapter 5 CODE OF ETHICS 15
Chapter 6 INTERACTION WITH CITY STAFF/OFFICIALS 16
6.01 Overview 16
6.02 City Manager 16
6.03 City Staff 16
6.04 City Attorney 17
3
Chapter 7 CITY COUNCIL MEETINGS - GENERAL 17
7.01 Meeting Schedule 17
7.02 Special Meetings 17
7.03 Study Sessions 17
7.04 Executive Session 18
7.05 Agenda 18
7.06 Meeting Rules for Council Members 18
7.07 Meeting Rules for Members of the Public 19
A. Written Communications 19
B. Oral Communications 19
7.08 Council Rules for Interacting with Staff 19
Chapter 8 COUNCIL MEETINGS - PROCEDURE 20
8.01 Parliamentary Procedure 20
8.02 Meeting Decorum and Order 20
8.03 Order of Discussion 20
8.04 Discussion Limit 21
8.05 Basic Steps for Conducting Business 21
8.06 Voting 21
Chapter 9 COMMUNICATIONS AND RECORDS 21
9.01 Generally 21
9.02 Written Communications 21
9.03 Informal Messages 21
9.04 Electronic Communications
22
Chapter 10 REPRESENTATIONS BEFORE GOVERNMENT AGENCIES,
COMMUNITY, AND MEDIA 21
Chapter 11 CONSEQUENCES OF VIOLATING GUIDELINES 21
4
INTRODUCTION
These City Council Guidelines are intended to centralize information on common issues
related to local government, and your role as a member of the Medina City Council.
They are prepared from review of statutes, ordinances, court cases, parliamentary
procedure guides, and other sources, but are not intended to a be substitute for those
sources. All Council members are expected to follow these Guidelines and be bound by
them unless excused by a vote of at least five members of the City Council.
__________
There are many other resources available to Council members in addition to the
information set forth in these Guidelines. Two principal sources of information are:
A. Municipal Research & Services Center of Washington and Association of
Washington Cities
The Municipal Research and Services Center (MRSC) is a private, non-profit
organization based in Seattle, Washington. MRSC’s mission is to promote excellence in
Washington local government through professional consultation, research and
information services. All of the information and research services described below are
available free of charge to elected officials and staff of Washington city and county
governments. MRSC serves Washington local governments by providing: (1) Dependable
advice from a multidisciplinary team of professional consultants; (2) A comprehensive
Web site; (3) Access to thousands of sample documents; (4) Timely and informative print
and electronic publications; and (5) Access to the largest local government library
collection in the Northwest.
MRSC produces a number of useful guides and handbooks for Council members,
including the following:
Mayor & Councilmember’s Handbook. Report No. 44 Revised, October 2015.
A brief overview of the structure of municipal government in Washington State
and the role of the Councilmember in that structure. The primary focus is on the
Council meeting.
Local Government Policy-Making Process. Report No. 45, February 1999. The
purposes of this publication are to describe the local government policy-making
process, outline effective roles for local officials, and to provide practical tips to
make the local policy-making process for satisfying and productive.
Knowing the Territory - Basic Legal Guidelines for Washington City,
County, and Special District Officials. Report No. 47 Revised, August 2015.
Describes the nature, powers and duties of municipal officials for “keeping out of
trouble,” discusses limitations, regulations, and admonitions regarding the
exercise of governmental powers, including conflicts of interest law, the open
5
public meetings act, appearance of fairness doctrine and similar laws. It also
points out immunities and protections.
B. The Association of Washington Cities
The Association of Washington Cities (AWC), founded in 1933, is a private, non-profit,
non-partisan corporation that represents Washington’s cities and towns before the state
legislature, the state executive branch and with regulatory agencies. Membership is
voluntary. However, AWC consistently maintains 100% participation from Washington’s
281 cities and towns. A 24-member Board of Directors oversees the association’s
activities.
AWC’s staff focuses its work in five service areas:
Legislative representation
Educational training
Publications and resources
Technical assistance in personnel and labor relations, energy, transportation,
budgeting, planning, risk management and employee wellness
Member programs, such as municipal liability and property insurance, employee drug
and alcohol testing, and employee benefits
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7
Chapter 1
GENERAL OVERVIEW
As a City Council member, you not only establish important and often critical policies for
the community, you are also a board member of a public corporation having an annual
budget of several million dollars. The scope of services and issues addressed by the city
organization go well beyond those frequently reported in the newspaper or discussed at
City Council meetings.
Basic City Documents
This manual provides a summary of important aspects of City Council activities.
However, it cannot incorporate all material and information necessary for undertaking the
business of the City Council. Many other laws, plans, and documents exist which bind
the City Council to certain courses of action and practices. The following is a summary of
some of the most notable documents that establish City Council direction.
A. Medina Municipal Code
The municipal code contains local laws and regulations adopted by ordinances. Title 2 of
the code addresses the role of the City Council, describes the organization of City
Council meetings and responsibilities and appointment of certain city staff positions and
advisory boards and commissions. In addition to these administrative matters, the
municipal code contains a variety of laws including, but not limited to, zoning standards,
health and safety issues, traffic regulations, building standards, and revenue and finance
issues.
B. Revised Code of Washington
The Revised Code of Washington (RCW) is the compilation of all permanent state laws
now in force. It is a collection of laws enacted by the Legislature, and signed by the
Governor, or enacted via the initiative process. The state laws contain many
requirements for the operation of city government and administration of meetings of City
Councils throughout the state.
Medina is an “optional code city,” which means it operates under the general laws of the
state. As an optional code city of the State of Washington, Medina is vested with the
broadest powers of incorporated cities as set forth in the RCW, Constitution of the State
of Washington, and Medina Municipal Code.
C. Annual Budget
The annual budget is the primary tool and road map for accomplishing the goals of the
City. The budget document is the result of one of the most important processes the City
undertakes. By adopting the annual budget, the City Council makes policy decisions, sets
priorities, allocates resources, and provides the framework for government operations.
D. Comprehensive Plan
8
The Washington Legislature enacted the Growth Management Act (GMA) in 1990. The
GMA was enacted in response to rapid population growth and concerns with suburban
sprawl, environmental protection, quality of life, and related issues. The GMA is codified
primarily in Chapter 36.70A RCW.
The GMA provides a framework for regional coordination. Counties and cities planning
under the GMA are required to formally adopt planning policies to guide their respective
planning activities. This is carried out via the adoption of documents known as
“comprehensive plans.”
The City’s comprehensive plan is the starting point for any planning process and the
centerpiece of local planning. Development regulations (zoning, subdivision, and other
controls) must be consistent with comprehensive plan.
The City’s comprehensive plan is reviewed on an ongoing basis. Apart from certain
narrow exceptions provided by state law, the City’s plan may only be amended once per
year, and all proposed amendments must be considered together.
E. Comprehensive Emergency Management Plan
The City maintains a Comprehensive Emergency Management Plan that outlines actions
to be taken during times of extreme emergency. The Mayor is called upon to declare the
emergency, and then the Police Chief directs all disaster response activities. The City
Council may be called upon during an emergency to establish policies related to a
specific incident. Council members should become familiar with the Plan.
Chapter 2
COUNCIL CORE VALUES
The Medina City Council hereby establishes the following core values for its Members:
The Council shall listen to the community with a goal of achieving the
community’s interests and objectives.
Council members hold public trust and are fiduciaries of public funds; the Council
shall strive for sustainable policies that support City finances and the local
economy.
Council members shall use their best efforts to collaborate with each other,
seeking consensus wherever possible.
Council members shall exhibit respect for the professionalism and expertise of the
City Manager and staff.
9
Council members shall comply with open government laws, including the Public
Records Act and Open Public Meetings Act, to promote transparency and
maintain trust in government.
Council meetings shall be as focused and expeditious as possible. Council
members shall come to meetings prepared, and the Council shall strive to make
decisions efficiently and with an eye for finality.
Council members shall not disclose attorney-client privileged information, or
confidential information learned in executive session, without the consent of a
Council majority.
Council members are community leaders; they shall set a good example by
following City codes and policies.
Chapter 3
MEDINA CITY GOVERNMENT
3.01 Council-Manager Form of Government
The City operates under the Council-manager form of government. This approach
consists of an elected City Council which is responsible for policy making, and a
professional City Manager, appointed by the Council, who is responsible for
administration. The City Manager provides policy advice, directs the daily operations of
city government, handles personnel functions (including the power to appoint and remove
employees) and is responsible for preparation of a budget. Under the Council-manager
enabling law, the City Council is prohibited from interfering with the manager’s
administration. The City Manager, however, is directly accountable to, and can be
removed by, the Council at any time.
State law recognizes the separation of powers between the legislative and administrative
branches of government. Under state law, members of the City Council may not become
directly involved in the administrative affairs of the City. RCW 35A.13.120 specifically
prohibits interference by Council members in the City’s administrative service, including
the hiring, firing, and work of city staff, with the exception of the City Manager.
3.02 City Council
The City Council is the policy making and law making body of the City. State law and
local ordinances grant the powers and responsibilities of the Council. It is important to
note that the Council acts as a body. No member has any extraordinary powers beyond
those of other members. While the Mayor has some additional ceremonial responsibilities
such as chairing meetings, when it comes to establishing policies, voting, and other
matters, all members are equal. It is also important to note that policy is established by at
least a majority vote of the Council.
10
Although individual members may disagree with decisions of the majority, a decision of
the majority does bind the Council to a course of action. Council members should respect
adopted Council policy. In turn, it is staff’s responsibility to ensure the policy of the
Council is carried out.
The City Council is responsible for appointing one position within the city
organization—the City Manager. The City Manager serves at the pleasure of the Council.
The City Manager is responsible for all personnel within the city organization, including
the city attorney, city engineer, and hearing examiner.
Except for the purpose of inquiry, the Council and its members must deal with the
administrative personnel solely through the City Manager or the manager’s designee.
Neither the Council nor any member of the Council may give orders to any subordinate
of the City Manager.
3.03 Role of Mayor and Deputy Mayor
A. Selection of Mayor
Biennially at the first meeting of the new council, the Council members shall select a
Mayor using the following procedure. The City Clerk shall preside over the election.
1. Any Council member may nominate him or herself or a fellow member. No
second is required. Council members may decline their nominations if desired.
When all nominations have been received, the nomination period shall be closed.
2. Nominees and nominators may make a brief statement in support of their
nominations before the City Clerk closes the nomination period.
3. If more than one nomination is received, the Clerk shall ask the Councilmembers
one by one to express their votes. A nominee must receive a majority vote to be
selected as Mayor.
4. If a roll call vote fails to garner a majority of votes for a single nominee, motions
may be made, and seconded, to: (1) continue the vote to the next meeting, with
the incumbent Mayor remaining until then; or (2) remove the nominee with the
lowest number of votes and call for a re-vote; or (3) re-open the floor for
additional nominations; or (4) continue voting until a single nominee receives a
majority vote. In lieu of motions, the Council may reach a consensus on how to
proceed.
B. Role of Mayor
The Mayor serves as the presiding officer and acts as chair at all meetings of the City
Council. The Mayor may participate in all deliberations of the Council in the same
manner as any other members and is expected to vote in all proceedings, unless a conflict
of interest exists. The Mayor has no veto power. The Mayor may not move an action, but
may second a motion.Responsibility to act as the City Council’s ceremonial
representative at public events and functions has been assigned to the Mayor. The Mayor
is vested with the authority to initiate and execute proclamations.
11
The Mayor shall serve as a member of all Council standing committees.
C. Selection of Deputy Mayor
Biennially at the first meeting of a new council, the Council shall decide by
majority vote whether to select a deputy mayor, or whether to appoint a
Councilmember to serve as mayor pro-tempore as the need arises. members may
designate a deputy mayor, using the same procedure as for selecting the Mayor,
for such period as the council may specify. See RCW 35A. 13.035 (“Biennially at
the first meeting of a new council, or periodically, the members thereof, by
majority vote, may designate one of their number as mayor pro tempore or deputy
mayor for such period as the council may specify, to serve in the absence or
temporary disability of the mayor; or, in lieu thereof, the council may, as the need
may arise, appoint any qualified person to serve as mayor pro tempore in the
absence or temporary disability of the mayor.”)1 If the Council decides to appoint
a deputy mayor, he or she shall be selected through the same process for electing
the mayor.
D. Role of Deputy Mayor
The Deputy Mayor shall fulfill the Mayor’s duties in the absence of the Mayor.
In the absence of both the Mayor and Deputy Mayor, the Council will appoint
another Councilmember to fulfill the duties.
3.04 Boards, Commissions, and ad hoc committees
A. Role of Boards and Commissions
The City Council is empowered to create advisory boards and commissions pursuant to
the provisions of Title 35A RCW, or such advisory boards or commissions not
specifically enumerated, as the Council deems necessary or advisable. In the exercise of
this power, it is the desire of the City Council to establish a consistent policy in its
decision-making role to fairly and equitably evaluate those citizens of the community
who demonstrate a desire to serve on such boards or commissions.
Boards, commissions and citizen committees provide a great deal of assistance to the
Medina City Council when formulating public policy and transforming policy decisions
into action. The City currently has a standing Park Board and, Planning Commission, and
Emergency Preparedness Committee. In addition, special purpose committees and task
forces may be appointed by the City Council to address issues of interest or to conduct
background work on technical or politically sensitive issues. Special purpose committees
and task forces will be dissolved upon completion of the intended task.
On an annual basis, the Council shall develop a work plan for its standing boards and
commissions.
Standing boards and commissions shall conduct regular meetings that are open to the
public in accordance with the Open Public Meetings Act (“OPMA”), Chap. 42.30 RCW.
1
12
Upon formation of any special purpose committees or task forces, the Council shall
determine, based upon the committee’s structure and function and with advice from legal
counsel, whether such committee shall be subject to the OPMA.
B. Appointments, Qualifications, and Terms of Service
Persons wishing to be considered for appointment or reappointment to the Park Board or,
Planning Commission, or Emergency Preparedness Committee shall submit to the city
clerk’s office an application on a form provided by that office. It is the policy of the City
Council for each applicant to be evaluated on an objective basis, utilizing the following
criteria:
1. Residency - Members shall be residents of the City of Medina.
2. Sectional Composition - Consideration should be given toward
maintaining an equitable balance of community representation on all
boards and commissions. Multiple members from the same family or
household will not be appointed to a single board or commission, in order
to avoid the reality or appearance of improper influence or favor.
3. Occupation - A broad mix of occupational backgrounds on all boards and
commissions will be attempted as appointments are considered.
4. Knowledge of Municipal and Planning Process - When ranking equally
qualified applicants, consideration shall be given to background
experience and knowledge of the municipal process as appropriate to the
position, in reaching a decision.
5. Contributive Potential – Consideration will be given to the potential
contribution that each applicant may make if appointed to a board or
commission. Criteria to guide this evaluation may include:
a. Ability to communicate effectively
b. Desire to perform public service
c. Ability to express ideas, concepts, or philosophies
d. Desire to participate in decision-making process
6. Leadership Potential - Since each appointee may be called upon to serve
as a chair, consideration will be given to the applicant’s leadership
abilities, such as:
a. Past or present leadership experience (current employment, special
interests, etc.)
b. Past or present participation in community services
c. Expressed interest in a leadership role
No person shall be appointed to serve as a member of more than one board or
commission at the same time; however, persons serving on a board or commission who
have requested appointment to another board or commission position may be appointed
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to such position if they, concurrent with the appointment, resign from the board or
commission position they are holding at the time of the new appointment.
C. Appointment Process
1. Council Personnel Committee. The mayor, together with two other
Council members designated by the mayor, shall constitute a personnel
committee to perform the interviews and recommendations for
appointments to the planning commission and park board. The personnel
committee shall interview the applicants, although the committee reserves
the right to make recommendations after reviewing applications and
without conducting interviews. Subsequent to the personnel committee’s
review, the personnel committee shall make a recommendation of
appointment to the Council.
2. After the personnel committee has forwarded it’s recommendation for
appointment to the Council, the City Council will be given copies of all
applications. The City Council will be given at least ten days to review the
applicants and the committee’s recommendation prior to the meeting at
which the Council will be asked to confirm the appointment.
3. Decision and Announcement. Each applicant will be notified of the
decision after Council confirmation has been made. The city clerk will
also notify the chair of the affected board or commission of its decision.
D. Council Members’ Role and Relationship with Advisory Bodies
Council members, in their capacity as private citizens, should refrain from
providing testimony in matters pending before any advisory board that will receive, or
could potentially receive, future review or other action before the Council. Where a
Council member elects to provide such testimony, the following rules shall apply:
The Council member shall declare at the outset and upon the record that the
Council member is present in his or her private capacity as an interested citizen, and not
on behalf or at the request of the City Council.
The Council member shall refrain from stating or implying that the Council
member’s position or opinion is that of the City Council.
The Council member shall refrain from directing city staff or the advisory body to
take any action on behalf of the Council member.
The Council member shall observe any rules of procedure or protocol that apply
to any other private citizen testifying before the advisory board.
3.05 Council Committees
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Council committees are policy review and discussion arms of the Council, made up of no
more than three Council members, that discuss issues and develop recommendations for
consideration by the full Council.
Membership on each council committee shall include the Mayor. The Mayor shall make
appointments to each committee after asking each Council member’s preference and
taking those preferences into account.
Committees may be formed on topics including personnel, finance, and
facilities/community development. Committees are intended to be flexible, and may be
dissolved and reconstituted by the full Council depending on the needs of the City.
Committee topics and structures should be determined in January of each biennium, but
may be addressed more frequently if needed.
The City Manager or Council by majority vote or consensus may send items to
committees for review on an as-needed basis. Committees shall meet as often as
necessary to carry out their purpose. Committee meetings shall be open to the public,
pursuant to the Open Public Meetings Act (OPMA).
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Chapter 4
TRAVEL POLICY
Members of the City Council, City boards and commissions are subject to the following
travel policy:
4.01 Travel Involving an Overnight Stay
All reasonable transportation expenses for approved travel (as defined in the following
paragraphs) will be reimbursed. Any travel involving an overnight stay must have the
prior approval of the City Manager.
Elected and appointed officials should endeavor to attend training and conferences in the
state whenever possible, if such training or conference is of comparable value to that
offered out of state.
Anyone traveling on city business on a trip that involves an overnight stay shall submit a
travel authorization form to the finance department prior to departure. The travel
authorization form shall include a complete estimate of the costs of the trip, including
conference registration, transportation, lodging, meals, vehicle rentals, and incidentals.
The travel authorization form shall also include the purpose of the trip, the dates of travel,
and other pertinent details.
The City Manager will authorize travel expenses within the legislative budget approved
by the Council.
4.02 Reimbursement of Travel Expenses
A fully itemized claim for expense reimbursement, along with any unexpended portion of
the advance, must be submitted to the finance department within 15 calendar days of the
close of the authorized travel period for which expenses have been advanced. Any
amounts not accounted for within the 15-day period shall bear interest at the rate of 10
percent per annum from the date of default until paid (RCW 42.24.150).
1. Transportation Costs - Reimbursement costs for transportation will be at the
cost of the most reasonable means of transport. For example, airline costs will
be reimbursed at a coach rate. If an elected or appointed official chooses to fly
first class, the City will reimburse only at the coach rate and the official must
pay for the difference. Efforts should be made to book air travel at least two
weeks or more in advance to take advantage of lower rates. Frequent flyer
miles should not be the criteria for selecting a flight if lower-cost alternatives
are available.
2. Hotel/Motel Accommodations – Actual and necessary hotel/motel
accommodations will be reimbursed or paid in advance, limited to the
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maximum single-room rate of the specific hotel or motel. A vendor’s receipt
is required for all accommodations. In the event the receipt includes non-
reimbursable expenses, the official shall be responsible for such expenses.
Government or discount rates should be obtained wherever possible.
3. Individual Meals - Same Day Travel - Reasonable costs of necessary meals
while conducting city business are reimbursable, to the following maximum
amounts*, including tip:
Breakfast - $ 10.00 Lunch - $20.00 Dinner - $30.00
*These amounts are reviewed annually by the finance director and may be adjusted
from time to time by resolution of the City Council. For travel to high-expense areas,
i.e., Washington, DC, meals may be reimbursed at a higher rate than the amounts
listed above, subject to prior approval of the City Manager.
Receipts must accompany all reimbursement claims.
The cost of meals for official functions (political or professional
organizations - usually include speaker and/or room rental) will be paid at
full actual cost, even if the cost exceeds the rates above.
Tips are allowable up to 15% and should be considered as a part of the
maximum allowable amount.
Reimbursement will not be paid for alcoholic beverages.
Reimbursement will not be paid for expenses for spouses, guests, non-
employees, or other persons not authorized to receive reimbursement
under this policy or state regulations.
Reimbursement may be claimed by one person for several employees or
officials eating together, as long as all the names are listed on the
reimbursement claim.
4. Per Diem for Out-of-Town, Overnight Meals. When traveling out of town
overnight, officials will receive a per diem allowance for meals rather than
submitting a request for individual meal reimbursements. The daily per diem
rates for meals shall be sixty dollars, tip included. If meals are provided as
part of the registration fee, no per diem will be paid for those meals. Officials
can claim the daily per diem rates only for those meals they pay for directly.
5. Incidental Expenses - Reasonable costs for parking, taxis, buses, rental cars (if
necessary), etc., will be paid if itemized on the claim form and accompanied
by a receipt. Use of rental cars must have prior approval via the travel
authorization form. The cost of long distance telephone calls to the City for
city business will be reimbursed, and one telephone call home per day of
reasonable length (i.e., 15 minutes) will be reimbursed.
6. Personal Vehicles - Mileage for the pre-approved use of personal vehicles will
be reimbursed at the IRS allowable mileage rate. City officials using their
personal vehicle from home to a destination different from their usual work
site are reimbursed for miles driven in excess of their usual commute to and
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from work. The IRS rate will be published by the finance director by memo at
the beginning of each calendar year. All officials using their personal vehicles
for city business must file proof of liability insurance with the finance
director.
7. Reporting of Actual Expenses - All actual eligible expenses should be
reported on an expense reimbursement request form to be filled out by the
official within 15 calendar days after completion of travel. Receipts must be
attached for all expenses claimed. Expense reimbursement requests should be
signed by the same party originally approving the travel and filed with the
finance department for processing.
Chapter 5
CODE OF ETHICS
The Washington State Code of Ethics for Municipal Officers, Chap. 42.23 RCW, is
intended to ensure that the judgment of public officers is not compromised or affected by
inappropriate conflicts of interest, and that confidential matters are appropriately
safeguarded. The Code of Ethics has provisions that prohibit:
Using one’s official position to obtain a special privileges or exemptions.
Receiving compensation or gifts for the officer’s services.
Accepting employment or engaging in activities that could require or induce
an officer to disclose confidential information.
Disclosing confidential information or using such information for the officer’s
personal benefit.
Being beneficially interested in a contract with the City.
The consequences of violating the Ethics Code may include: (1) a determination that an
action taken by the Council is void, (2) financial penalties; (3) consequences assessed by
the Council including censure; and (4) forfeiture of office through recall.
The application of the Ethics Code must be addressed on a case-by-case basis. The
Ethics Code is not generally intended to preclude Council members from voting on
legislation with City-wide impact, such as land use, police power, and taxation
ordinances. In addition, a Council member might be found only to have a “remote
interest” in a contract, such that the Council may still approve a contract if the interested
Council member abstains from the vote.
Councilmembers are encouraged to consider whether public perception and trust would
be best served by disclosure of individual interests or relationships that are relevant to a
policy matter under consideration. To understand the effect of the Ethics Code and its
applicability to any particular situation, Council members should contact the City
Manager and City Attorney as questions arise.
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Chapter 6
INTERACTION WITH CITY STAFF/OFFICIALS
6.01 Overview
City Council policy is implemented through dedicated and professional staff. Therefore,
it is critical that the relationship between Council and staff be well understood by all
parties so policies and programs may be implemented successfully. To support effective
relationships, it is important that roles are clearly recognized.
6.02 City Manager
A. The employment relationship between the City Council and City Manager
honors the fact that the City Manager is the chief executive of the City. All
dealings with the City Manager, whether in public or private, should respect
the authority of the City Manager in administrative matters. Disagreements
should be expressed in policy terms, rather than in terms that question
satisfaction with or support of the City Manager.
B. The City Council will evaluate the City Manager on an annual basis to ensure
that both the City Council and City Manager are in agreement about
performance and goals based upon mutual trust and common objectives. The
City Manager’s performance shall be evaluated, at a minimum, in the
following areas: leadership, teamwork, job knowledge, attitude,
accountability, communication, problem-solving skills, quality of service,
safety/risk-taking, implementation and administration of adopted Council
policy.
6.03 City Staff
City Council member contact with city staff members, inclusive of the City Manager,
will be during regular business hours, except in the case of an emergency. The City
Council is to work through the City Manager when dealing with administrative services
of the City. In no manner, either directly or indirectly, shall a Council member attempt to
influence personnel matters that are under the direction of the City Manager.
6.04 City Attorney
Pursuant to recommendation of the City Manager, the City Council shall make provision
for obtaining legal counsel for the City, either by appointment of a city attorney on a full-
time or part-time basis, or by any reasonable contractual arrangement for such
professional services. At present, the city attorney is a contract employee appointed by
the City Manager; such contract is confirmed by the City Council. The city attorney is the
legal advisor for the Council, its committees, commissions and boards, the City Manager,
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and all city officers and employees with respect to any legal question involving an
official duty or any legal matter pertaining to the affairs of the City.
It is important to note that the city attorney does not represent individual members of
Council, but rather the City as a corporate entity.
Chapter 7
CITY COUNCIL MEETINGS - GENERAL
The City Council’s collective policy and law-making powers are put into action at the
Council meetings. It is here that the Council conducts its business. The opportunity for
citizens to be heard, the availability of local officials to the citizenry, and the openness of
Council meetings all lend themselves to the essential democratic nature of local
government.
7.01 Meeting Schedule
Regular meetings are held the second Monday of each month at 6:30 p.m., in the City
Hall Council chambers, 501 Evergreen Point Road, Medina. Should these days happen to
be designated as a legal holiday; the council meeting will be held the next business day or
on an alternative day selected by the Council.
7.02 Special Meetings
Special meetings may be called by the Mayor or by a majority of the members of the
Council by delivering written notice personally, by mail, by fax, or by electronic mail to
each member of the governing body; and to each local newspaper of general circulation
and to each local radio or television station which has on file with the Council a written
request to be notified of such special meeting or of all special meetings.
7.03 Study Sessions
The City Council may meet informally in a study session. The study session is the forum
used by Council to review forthcoming programs of the City, to receive progress reports
on current issues, or to receive similar information from the City Manager and others. All
discussions and conclusions held during a workshop are of an informal nature. Generally,
final action is not taken while in a study session unless delayed action may result in
adverse consequences.
7.04 Executive Session
At the call of the presiding officer, or with a majority vote, tThe City Council may
convene in executive session to privately discuss and consider matters of confidential
concern to the well being of the City. The purposes for which an executive session may
be held are identified in RCW 42.30.110, summarized as follows:
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Discussion with legal counsel of pending or potential litigation or agency
enforcement action
Property acquisition/disposition, when public knowledge of the discussion
could harm the City’s bargaining position
Matters affecting national security
Performance review of publicly bid contracts, when public knowledge of the
discussion could lead to a likelihood of increased price
Complaints or charges brought against a public officer or employee
Qualification/performance review of job applicants and employees
Evaluation of qualifications of candidates for appointment to an elective office
Before convening in executive session, the presiding officer shall publicly announce the
purpose for the executive session, and the time when the executive session will be
concluded. The presiding officer should also indicate whether Council action is likely to
be taken after the executive session. An executive session may be extended to a stated
later time by announcement of the presiding officer.
7.05 Agenda
The City Manager shall have primary responsibility for placing items on the agenda. The
City Manager and Mayor will review the agenda prior to the regular meeting. Items of
City business may be added by request of two or more Council members. So that staff
have time to prepare and Councilmembers are not prejudiced by addition of last-minute
agenda items, Councilmembers must notify the City Manager of agenda items at least
seven business calendar days in advance of the meeting.
The Council shall use a consent agenda for routine items not requiring in-depth
discussion. Any Council member may remove an item from the consent agenda for full
consideration by the Council.
Council members shall review the agenda and packet in advance of the meeting, and
address any questions to staff ahead of time if possible.
7.06 Meeting Rules for Council Members
Council members shall act in a courteous, professional and respectful manner toward
each other, the staff and the public.
Council members shall use their best efforts to maintain a balanced perspective and a
sense of humor in conducting the public’s business.
Council members shall not surprise one another or staff at a public meeting with anything
that could be discussed beforehand so that Council members and staff can be prepared to
respond in a reasonable manner.
Council members speak with one voice once a vote has been taken and do not work to
undermine the decision of the Council. The Council shall move forward expeditiously
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without rehashing previously discussed information or engaging in conversation with the
public during the business meeting.
Council members shall not use personal electronic devices during meetings except to
view the agenda packet or otherwise further the purpose of the meeting.
Council members shall not be repetitive in arguments or discussion or personally attack
other members who have contrary views.
7.07 Meeting Rules for Members of the Public
A. Written Communications. All persons may address the Council by written
communications, including via e-mail. Written communications pertaining to
items subject to a public hearing will be made a part of the public record.
B. Oral Communications. City Council meetings are recorded. Each person
addressing the Council at a regular meeting will do so from the podium and
will speak in an audible tone of voice. Citizen comments shall be allowed
only during designated comment periods and official public hearings, and
shall comply with the following rules:
1. Citizen comments shall relate to matters of City business.
2. Prior to making comments each speaker shall first give his/her name and
address.
3. Comments shall be limited to three minutes unless a greater length of time
is requested and approved by the Mayor.
4. All remarks shall be addressed to the Council as a body and not to any
member thereof. No comments shall be directed to staff.
5. Speakers may be asked to keep their remarks courteous and respectful.
Speakers shall not engage in conduct that unreasonably disrupts the
meeting.
6. Council members shall not engage in debate with citizens or each other
during the comment period, but may ask clarifying questions when
recognized by the presiding officer. Citizen comments or questions
requiring a staff response shall be referred to the City Manager for follow-
up.
7.08 Council Rules for Interacting with Staff
A. Council members may ask the City Manager for up to one hour of research on
a City related issue as long as the cumulative effect does not take staff away
from accomplishing their core duties in a timely manner. In the event that
more than one hour of staff time is required, a request for additional time may
be brought to the full Council for consideration.
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B. Council members shall not publicly criticize city staff. If there are concerns
with staff performance, they should be discussed with the City Manager
privately. If citizens make complaints about staff conduct or actions directly
to a Council member, the Council member shall refer the matter to the City
Manager for review.
C. Information generated by staff at the request of a Council member shall be
shared with all Council members.
D. Council members shall focus on policy matters and not administrative matters.
Council members shall not attempt to coerce or influence City staff in the
selection of personnel, the awarding of contracts, the selection of consultants,
the processing of development applications, the granting of City licenses or
permits, the interpretation or implementation of Council policy, or in any
other matter involving the administration of City business.
E. Staff shall bring grant opportunities that would require material matching
dollars, or materially impact City policy, to the Council for authorization
prior to applying. Council members are encouraged to bring any grant
opportunities they discover to the attention of staff, for handling by staff.
Chapter 8
COUNCIL MEETINGS - PROCEDURE
8.01 Parliamentary Procedure
Unless otherwise addressed by these Guidelines, meetings shall be conducted in
accordance with traditional rules of parliamentary procedure. Parliamentary rules are
intended to assist the Council in conducting business in an orderly manner, but strict
adherence to parliamentary procedure shall not be required. Councilmembers are
encouraged to work through discussions by consensus wherever possible. In the event
that the procedure for considering a matter is unclear or in dispute, the following
procedure shall be employed: (a) a motion shall be made proposing a course of action; (b)
a second shall be required; (c) thereafter, each Council member shall be afforded the
opportunity for discussion; and (d) the Mayor shall call for a vote. Council shall be
bound by the results of the vote.
The Mayor or any Councilmember may ask the City Attorney for clarification or
guidance on matters of parliamentary procedure. The City Manager, City Clerk, and City
Attorney shall have the ability to raise points of order as necessary to clarify the record or
prevent the Council from taking illegal or legally deficient action.
8.02 Meeting Decorum and Order
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The Mayor shall preserve decorum and decide all questions of order, subject to appeal to
the full Council. During Council meetings, Council members shall preserve order and
decorum and shall not delay or interrupt the proceedings or refuse to obey the legitimate
orders of the chair or the rules of protocol.
Any person making personal, impertinent, or slanderous remarks who creates an
unreasonable disruption while addressing the Council shall be directed to cease by the
mayor. If the unreasonably disruptive conduct continues, the person shall be removed
from the meeting.
8.03 Order of Discussion
The Mayor should follow the prepared agenda as much as possible. Any Councilmember
may propose that the order of agenda items be rearranged for necessity or convenience.
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8.04 Discussion Limit
Council members are encouraged to discuss items during the decision-making process. A
Council member should not speak more than once on a particular subject until every
other Council member has had the opportunity to speak.
8.05 Ordinances and resolutions
Ordinances and resolutions that are presented to Council for consideration and possible
action must be introduced in the form of a motion and a second.
8.06 Voting
Each Council member shall vote on all questions put to the City Council, unless a conflict
of interest under state law or appearance of fairness question requires recusal of the
Councilmember. Unless a member of the Council states that he or she is not voting, his or
her silence shall be recorded as an affirmative vote.
Chapter 9
COMMUNICATIONS AND RECORDS
9.01 Public Records
All “writings,” including letters, memoranda, text messages, emails, photographs, videos,
social media postings, and recordings, the subject of which relates to the conduct of
government or the performance of any governmental function, are public records. Public
records must be retained by the City and disclosed upon request. It is illegal to destroy a
public record while a request for it is pending.
To allow the City to fulfill its core function of retaining and providing public records
upon request, Council members shall:
Forward any requests for records they receive from citizens to the City Clerk for follow-
up; and
Avoid using personal devices, email accounts or text messaging to send, receive, create,
or store public records; and
Promptly transfer any received or created materials meeting the definition of “public
record,” including emails and social media postings, from personal devices or accounts to
a City-owned account, device, or server; and
In the event of a public records request, cooperate with directions from City staff to
search personal accounts and electronic devices, and provide any responsive public
records that may be contained thereon; and
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Refrain from deleting any public records from personal accounts and devices until the
records have been transferred to the City; and
Prior to separation from office, transfer any and all public records from personal accounts
and electronic devices to the City.
9.02 Written Communications
Written letters and memoranda received by the City, addressed to a Council Member or
the Council as a body, will be provided to all City Council Members, and a copy kept
according to the Records Retention Schedule.
9.03 Transitory Records
Records that have no retention value, such as drafts, meeting notices, reminders,
telephone messages, informal notes, and duplicate records may be deleted when no
longer needed. Council members shall confer with City Clerk on any questions on
whether a particular record has retention value.
9.04 Limits on “discussion” outside meetings
Pursuant to the Open Public Meetings Act (“OPMA”), Chap. 42.30 RCW, four or more
Council members may not discuss any item of City business outside an open public
meeting, including by phone calls or electronic means such as email and social media.
Council members are discouraged from sending communications to three or more fellow
members, as this tends to provoke electronic discussion that could violate the OPMA.
Council members are instead encouraged to place items on the meeting agenda for
discussion, and to discuss matters with staff, in small groups, or one-on-one.
Chapter 10
COUNCIL REPRESENTATIONS BEFORE GOVERNMENTAL
AGENCIES, COMMUNITY, AND MEDIA
Council members should not normally be the first point of contact with the media on
matters of City business. Council members are encouraged to refer media inquires to the
City Manager.
When making official comments on City businesses, Council members shall state the
majority position of the Council, if known, on an issue. Personal opinions and comments
that differ from the Council majority may be expressed if the Council member clarifies
that these statements do not represent the Council’s position. Before presenting the views
of another Council member, the Council member must obtain consent from the fellow
member.
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Chapter 11
CONSEQUENCES FOR VIOLATING GUIDELINES
The Council trusts that all members elected to this important office will act with integrity,
honesty, and in accordance with the Oath of Office and these Guidelines. Nevertheless,
the Council wishes to adopt the following consequences for violations. This process
should only be used for serious violations such as deliberate breaches of confidentiality;
violations of the Code of Ethics; repeated overstepping of authority, abuse of office, or
dishonesty; or refusal to follow open government protocols. Less serious violations
should be addressed with reminders and requests for compliance.
Step 1: Notice and opportunity to cure
A Council member suspected of violating the Guidelines shall be provided notice and an
opportunity to remediate the violation prior to the implementation of any further
consequence. As a first step, one or two Council members shall discuss the violation
directly with the accused Council member. Council members are discouraged from using
email to discuss suspected violations.
Step 2: Council meeting discussion
If Step 1 fails to remediate the violation, an executive session may shall be called
pursuant to RCW 42.30.110(1)(f) to consider and evaluate the complaint. All
Councilmembers, including the accused, shall receive advance written notice of the
general nature of the complaint and the fact that an executive session is being called to
discuss it. If the accused Council member requests that the discussion be held in a public
meeting in lieu of an executive session, that request shall be honored. If the accused
Council member wishes to bring a representative, the discussion shall be held in open
session unless a majority of the Council votes to allow the representative to attend the
executive session.
Step 3: Censure and removal from duties
If Step 2 fails to satisfy a majority of the Council that the violation has been
resolvedresolve the violation, a motion may be made and seconded at a regular meeting
to censure the Council member. The censure motion may be made no sooner than thirty
(30) days after the completion of Step 2, and the accused Councilmember must receive
advance written notice that the motion will be made. The specific violations shall be
publicly announced, and the accused Council member shall have a chance to make a
statement. At the conclusion of discussion, the accused Council member shall be
officially censured upon an affirmative vote of at least five members of the Council. An
affirmative vote of at least five members may also, as a consequence of violating these
Guidelines, remove the Councilmember from duties including Mayor or Deputy Mayor,
committee assignments, or status as representative with local or regional boards.
CITY OF MEDINA, WASHINGTON
ORDINANCE NO. 948
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING CHAPTER 2.04 OF THE MEDINA MUNICIPAL CODE RELATED TO COUNCIL MEETINGS.
WHEREAS, the Medina City Council wishes to adopt updated City Council Guidelines, which were last revised in December of 2011; and
WHEREAS, for consistency, adopting the updated Guidelines requires an update to Chap. 2.04 of the Medina Municipal Code (MMC).
NOW, THEREFORE, the City Council of the City of Medina ordains as follows:
Section 1. Chap. 2.04 MMC and the corresponding portion of Ordinance No. 460 are
amended to read as follows:
2.04.010 Time.
The regular meeting of the city council will be held on the second Monday of each month,
commencing at 6:30 p.m.
2.04.020 Place.
The regular meeting place of the city council will be at the Medina City Hall Improvement
Clubhouse at the south extreme of the Medina Dock Road (76th N.E.), Medina, Washington.
2.04.030 Rules of order.
The City Council Guidelines (“Guidelines”) are incorporated by reference as general rules of
order for the Council. Except as otherwise provided in this chapter or in the Guidelines, the
procedure of the meetings of the city council shall be governed by Robert’s Rules of Order
Revised, Seventy-fifth Anniversary Edition.
2.04.050 Duties of presiding officer.
It is the duty of the presiding officer of the council meeting to:
A.Call the meeting to order;
B.Keep the meeting to its order of business;
C.Handle discussion in an orderly way:
AGENDA ITEM 9.1
1. Give every councilmemberan who wishes a chance to speak,
2. Permit audience participation at appropriate times,
3. Keep all speakers to the rules of order, and to the questions,
4. Give pro and con speakers alternating opportunities to speak;
D. State each motion before it is discussed, and before it is voted upon;
E. Put motions to a vote and announce the outcome;
F. Appoint committees when authorized to do so.
2.04.060 Authority of chair.
All questions of order shall be decided by the presiding officer of the council with the right of
appeal to the council by any member.
2.04.070 Right to speak.
A. No member of the council shall speak more than twice on the same subject without
permission of the presiding officer.
B. No person, not a member of the council, shall be allowed to address the same while in
session unless as part of a designated public hearing or comment period without the permission
of the presiding officer five members of the Council.
2.04.080 Precedence and prerogative.
A. Motions to lay any matter on the table shall be first in order; and on all questions, the last
amendment, the most distant day, and the largest sum shall be put first.
B. A motion for adjournment shall always be in order.
C. Motions to reconsider must be by a member who voted with the majority and at the same or
next succeeding meeting of the council.
2.04.090 Ordinances, resolutions and motions to be written.
AGENDA ITEM 9.1
Motions shall be reduced to writing when required by the presiding officer of the council or any
member of the council. All resolutions and ordinances shall be in writing.
2.04.100 Suspension of rules.
The rules of the city council may be altered, amended or temporarily suspended by a vote of
two-thirds of the five members present.
2.04.110 Committees.
The city council may, from time to time, appoint temporary or long-term committees from among
its membership. All committees shall dissolve at the time of council elections.
The chairman, if any, of each respective committee of the council, or the councilmemberan
acting for him in his or her place, shall submit or make all reports to the council when so
requested by the presiding officer or any member of the council.
2.04.120 Attendance of officers.
The city manager, clerk, and city attorney, and such other officers or employees of the city as
may by the council be requested to do so, shall attend all meetings of the council and shall
remain in the council room for such length of time as the council may direct.
2.04.130 Failure to attend – Penalty.
Every officer, whose duty it is to report at the regular meetings of the council, shall in default
thereof, be fined at the discretion of the council.
2.04.140 Duty to vote.
Each member present must vote on all questions put to the council, except as to any matter in
which such councilmemberan must abstain due to a conflict of has a personal financial interest.
2.04.150 Duty of clerk.
The clerk shall keep a correct journal of all proceedings and at the wish of any member the ayes
and noes shall be taken on any question and entered in the journal.
2.04.160 Special meetings.
AGENDA ITEM 9.1
A. Special meetings may be called by the mayor or any three a majority of councilmembers by
written notice delivered to each member of the council at least 24 hours before the time
specified for the proposed meeting.
B. No ordinance or resolution shall be passed, or contract let or entered into, or bill for the
payment of money allowed at any meeting not open to the public, nor at any public meeting the
date of which is not fixed by ordinance, resolution or rule, unless public notice of such meeting
has been given by such notice to each local newspaper of general circulation and to each local
radio or television station, as provided in RCW 42.30.080 as now or hereafter amended.
Section 2. This ordinance shall take effect five days after passage as required by law. ENACTED BY THE CITY COUNCIL ON THIS DAY OF , 2017 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 2017. Alex Morcos, Mayor Approved as to form: Attest:
Kathleen J. Haggard, City Attorney Porter Foster Rorick LLP Aimee Kellerman, City Clerk
AGENDA ITEM 9.1
1
CITY OF MEDINA
CITY COUNCIL GUIDELINES
Adopted April 12, 2004
Updated: December 2009
Updated: December 2011
Updated: June 2017
MEDINA CITY COUNCIL RULES AND GUIDELINES
TABLE OF CONTENTS
2
INTRODUCTION 4
ORGANIZATIONAL CHART 6
Chapter 1 GENERAL OVERVIEW 7
Basic City Documents 7
A. Medina Municipal Code 7
B. Revised Code of Washington 7
C. Annual Budget 7
D. Comprehensive Plan 8
E. Comprehensive Emergency Management Plan 8
Chapter 2 COUNCIL CORE VALUES 8
Chapter 3 MEDINA CITY GOVERNMENT 8
3.01 Council–Manager Form of Government 8
3.02 City Council 9
3.03 Role of Mayor and Deputy Mayor 9
A. Selection of Mayor 9
B. Role of Mayor
C. Selection of Deputy Mayor
D. Role of Deputy Mayor
3.04 Boards, Commissions, and Ad Hoc Committees 10
A. Role of Boards, Commissions, and Committees 10
B. Appointments, qualifications and Terms of Service 10
C. Appointment Process 11
D. Council Members’ Role and Relationship with Advisory Bodies 12
3.05 Council Committees
Chapter 4 TRAVEL POLICY 13
4.01 Travel Involving an Overnight Stay 13
4.02 Reimbursement of Travel Expenses 13
Chapter 5 CODE OF ETHICS 15
Chapter 6 INTERACTION WITH CITY STAFF/OFFICIALS 16
6.01 Overview 16
6.02 City Manager 16
6.03 City Staff 16
6.04 City Attorney 17
3
Chapter 7 CITY COUNCIL MEETINGS - GENERAL 17
7.01 Meeting Schedule 17
7.02 Special Meetings 17
7.03 Study Sessions 17
7.04 Executive Session 18
7.05 Agenda 18
7.06 Meeting Rules for Council Members 18
7.07 Meeting Rules for Members of the Public 19
A. Written Communications 19
B. Oral Communications 19
7.08 Council Rules for Interacting with Staff 19
Chapter 8 COUNCIL MEETINGS - PROCEDURE 20
8.01 Parliamentary Procedure 20
8.02 Meeting Decorum and Order 20
8.03 Order of Discussion 20
8.04 Discussion Limit 21
8.05 Basic Steps for Conducting Business 21
8.06 Voting 21
Chapter 9 COMMUNICATIONS AND RECORDS 21
9.01 Generally 21
9.02 Written Communications 21
9.03 Informal Messages 21
9.04 Electronic Communications
22
Chapter 10 REPRESENTATIONS BEFORE GOVERNMENT AGENCIES,
COMMUNITY, AND MEDIA 21
Chapter 11 CONSEQUENCES OF VIOLATING GUIDELINES 21
4
INTRODUCTION
These City Council Guidelines are intended to centralize information on common issues
related to local government, and your role as a member of the Medina City Council.
They are prepared from review of statutes, ordinances, court cases, parliamentary
procedure guides, and other sources, but are not intended to a be substitute for those
sources. All Council members are expected to follow these Guidelines and be bound by
them unless excused by a vote of at least five members of the City Council.
__________
There are many other resources available to Council members in addition to the
information set forth in these Guidelines. Two principal sources of information are:
A. Municipal Research & Services Center of Washington and Association of
Washington Cities
The Municipal Research and Services Center (MRSC) is a private, non-profit
organization based in Seattle, Washington. MRSC’s mission is to promote excellence in
Washington local government through professional consultation, research and
information services. All of the information and research services described below are
available free of charge to elected officials and staff of Washington city and county
governments. MRSC serves Washington local governments by providing: (1) Dependable
advice from a multidisciplinary team of professional consultants; (2) A comprehensive
Web site; (3) Access to thousands of sample documents; (4) Timely and informative print
and electronic publications; and (5) Access to the largest local government library
collection in the Northwest.
MRSC produces a number of useful guides and handbooks for Council members,
including the following:
Mayor & Councilmember’s Handbook. Report No. 44 Revised, October 2015.
A brief overview of the structure of municipal government in Washington State
and the role of the Councilmember in that structure. The primary focus is on the
Council meeting.
Local Government Policy-Making Process. Report No. 45, February 1999. The
purposes of this publication are to describe the local government policy-making
process, outline effective roles for local officials, and to provide practical tips to
make the local policy-making process for satisfying and productive.
Knowing the Territory - Basic Legal Guidelines for Washington City,
County, and Special District Officials. Report No. 47 Revised, August 2015.
Describes the nature, powers and duties of municipal officials for “keeping out of
trouble,” discusses limitations, regulations, and admonitions regarding the
exercise of governmental powers, including conflicts of interest law, the open
5
public meetings act, appearance of fairness doctrine and similar laws. It also
points out immunities and protections.
B. The Association of Washington Cities
The Association of Washington Cities (AWC), founded in 1933, is a private, non-profit,
non-partisan corporation that represents Washington’s cities and towns before the state
legislature, the state executive branch and with regulatory agencies. Membership is
voluntary. However, AWC consistently maintains 100% participation from Washington’s
281 cities and towns. A 24-member Board of Directors oversees the association’s
activities.
AWC’s staff focuses its work in five service areas:
Legislative representation
Educational training
Publications and resources
Technical assistance in personnel and labor relations, energy, transportation,
budgeting, planning, risk management and employee wellness
Member programs, such as municipal liability and property insurance, employee drug
and alcohol testing, and employee benefits
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7
Chapter 1
GENERAL OVERVIEW
As a City Council member, you not only establish important and often critical policies for
the community, you are also a board member of a public corporation having an annual
budget of several million dollars. The scope of services and issues addressed by the city
organization go well beyond those frequently reported in the newspaper or discussed at
City Council meetings.
Basic City Documents
This manual provides a summary of important aspects of City Council activities.
However, it cannot incorporate all material and information necessary for undertaking the
business of the City Council. Many other laws, plans, and documents exist which bind
the City Council to certain courses of action and practices. The following is a summary of
some of the most notable documents that establish City Council direction.
A. Medina Municipal Code
The municipal code contains local laws and regulations adopted by ordinances. Title 2 of
the code addresses the role of the City Council, describes the organization of City
Council meetings and responsibilities and appointment of certain city staff positions and
advisory boards and commissions. In addition to these administrative matters, the
municipal code contains a variety of laws including, but not limited to, zoning standards,
health and safety issues, traffic regulations, building standards, and revenue and finance
issues.
B. Revised Code of Washington
The Revised Code of Washington (RCW) is the compilation of all permanent state laws
now in force. It is a collection of laws enacted by the Legislature, and signed by the
Governor, or enacted via the initiative process. The state laws contain many
requirements for the operation of city government and administration of meetings of City
Councils throughout the state.
Medina is an “optional code city,” which means it operates under the general laws of the
state. As an optional code city of the State of Washington, Medina is vested with the
broadest powers of incorporated cities as set forth in the RCW, Constitution of the State
of Washington, and Medina Municipal Code.
C. Annual Budget
The annual budget is the primary tool and road map for accomplishing the goals of the
City. The budget document is the result of one of the most important processes the City
undertakes. By adopting the annual budget, the City Council makes policy decisions, sets
priorities, allocates resources, and provides the framework for government operations.
D. Comprehensive Plan
8
The Washington Legislature enacted the Growth Management Act (GMA) in 1990. The
GMA was enacted in response to rapid population growth and concerns with suburban
sprawl, environmental protection, quality of life, and related issues. The GMA is codified
primarily in Chapter 36.70A RCW.
The GMA provides a framework for regional coordination. Counties and cities planning
under the GMA are required to formally adopt planning policies to guide their respective
planning activities. This is carried out via the adoption of documents known as
“comprehensive plans.”
The City’s comprehensive plan is the starting point for any planning process and the
centerpiece of local planning. Development regulations (zoning, subdivision, and other
controls) must be consistent with comprehensive plan.
The City’s comprehensive plan is reviewed on an ongoing basis. Apart from certain
narrow exceptions provided by state law, the City’s plan may only be amended once per
year, and all proposed amendments must be considered together.
E. Comprehensive Emergency Management Plan
The City maintains a Comprehensive Emergency Management Plan that outlines actions
to be taken during times of extreme emergency. The Mayor is called upon to declare the
emergency, and then the Police Chief directs all disaster response activities. The City
Council may be called upon during an emergency to establish policies related to a
specific incident. Council members should become familiar with the Plan.
Chapter 2
COUNCIL CORE VALUES
The Medina City Council hereby establishes the following core values for its Members:
The Council shall listen to the community with a goal of achieving the
community’s interests and objectives.
Council members hold public trust and are fiduciaries of public funds; the Council
shall strive for sustainable policies that support City finances and the local
economy.
Council members shall use their best efforts to collaborate with each other,
seeking consensus wherever possible.
Council members shall exhibit respect for the professionalism and expertise of the
City Manager and staff.
9
Council members shall comply with open government laws, including the Public
Records Act and Open Public Meetings Act, to promote transparency and
maintain trust in government.
Council meetings shall be as focused and expeditious as possible. Council
members shall come to meetings prepared, and the Council shall strive to make
decisions efficiently and with an eye for finality.
Council members shall not disclose attorney-client privileged information, or
confidential information learned in executive session, without the consent of a
Council majority.
Council members are community leaders; they shall set a good example by
following City codes and policies.
Chapter 3
MEDINA CITY GOVERNMENT
3.01 Council-Manager Form of Government
The City operates under the Council-manager form of government. This approach
consists of an elected City Council which is responsible for policy making, and a
professional City Manager, appointed by the Council, who is responsible for
administration. The City Manager provides policy advice, directs the daily operations of
city government, handles personnel functions (including the power to appoint and remove
employees) and is responsible for preparation of a budget. Under the Council-manager
enabling law, the City Council is prohibited from interfering with the manager’s
administration. The City Manager, however, is directly accountable to, and can be
removed by, the Council at any time.
State law recognizes the separation of powers between the legislative and administrative
branches of government. Under state law, members of the City Council may not become
directly involved in the administrative affairs of the City. RCW 35A.13.120 specifically
prohibits interference by Council members in the City’s administrative service, including
the hiring, firing, and work of city staff, with the exception of the City Manager.
3.02 City Council
The City Council is the policy making and law making body of the City. State law and
local ordinances grant the powers and responsibilities of the Council. It is important to
note that the Council acts as a body. No member has any extraordinary powers beyond
those of other members. While the Mayor has some additional ceremonial responsibilities
such as chairing meetings, when it comes to establishing policies, voting, and other
matters, all members are equal. It is also important to note that policy is established by at
least a majority vote of the Council.
10
Although individual members may disagree with decisions of the majority, a decision of
the majority does bind the Council to a course of action. Council members should respect
adopted Council policy. In turn, it is staff’s responsibility to ensure the policy of the
Council is carried out.
The City Council is responsible for appointing one position within the city
organization—the City Manager. The City Manager serves at the pleasure of the Council.
The City Manager is responsible for all personnel within the city organization, including
the city attorney, city engineer, and hearing examiner.
Except for the purpose of inquiry, the Council and its members must deal with the
administrative personnel solely through the City Manager or the manager’s designee.
Neither the Council nor any member of the Council may give orders to any subordinate
of the City Manager.
3.03 Role of Mayor and Deputy Mayor
A. Selection of Mayor
Biennially at the first meeting of the new council, the Council members shall select a
Mayor using the following procedure. The City Clerk shall preside over the election.
1. Any Council member may nominate him or herself or a fellow member. No
second is required. Council members may decline their nominations if desired.
When all nominations have been received, the nomination period shall be closed.
2. Nominees and nominators may make a brief statement in support of their
nominations before the City Clerk closes the nomination period.
3. If more than one nomination is received, the Clerk shall ask the Councilmembers
one by one to express their votes. A nominee must receive a majority vote to be
selected as Mayor.
4. If a roll call vote fails to garner a majority of votes for a single nominee, motions
may be made, and seconded, to: (1) continue the vote to the next meeting, with
the incumbent Mayor remaining until then; or (2) remove the nominee with the
lowest number of votes and call for a re-vote; or (3) re-open the floor for
additional nominations; or (4) continue voting until a single nominee receives a
majority vote. In lieu of motions, the Council may reach a consensus on how to
proceed.
B. Role of Mayor
The Mayor serves as the presiding officer and acts as chair at all meetings of the City
Council. The Mayor may participate in all deliberations of the Council in the same
manner as any other members and is expected to vote in all proceedings, unless a conflict
of interest exists. The Mayor has no veto power. The Mayor may not move an action, but
may second a motion.Responsibility to act as the City Council’s ceremonial
representative at public events and functions has been assigned to the Mayor. The Mayor
is vested with the authority to initiate and execute proclamations.
11
The Mayor shall serve as a member of all Council standing committees.
C. Selection of Deputy Mayor
Biennially at the first meeting of a new council, the Council shall decide by
majority vote whether to select a deputy mayor, or whether to appoint a
Councilmember to serve as mayor pro-tempore as the need arises. members may
designate a deputy mayor, using the same procedure as for selecting the Mayor,
for such period as the council may specify. See RCW 35A. 13.035 (“Biennially at
the first meeting of a new council, or periodically, the members thereof, by
majority vote, may designate one of their number as mayor pro tempore or deputy
mayor for such period as the council may specify, to serve in the absence or
temporary disability of the mayor; or, in lieu thereof, the council may, as the need
may arise, appoint any qualified person to serve as mayor pro tempore in the
absence or temporary disability of the mayor.”)1 If the Council decides to appoint
a deputy mayor, he or she shall be selected through the same process for electing
the mayor.
D. Role of Deputy Mayor
The Deputy Mayor shall fulfill the Mayor’s duties in the absence of the Mayor.
In the absence of both the Mayor and Deputy Mayor, the Council will appoint
another Councilmember to fulfill the duties.
3.04 Boards, Commissions, and ad hoc committees
A. Role of Boards and Commissions
The City Council is empowered to create advisory boards and commissions pursuant to
the provisions of Title 35A RCW, or such advisory boards or commissions not
specifically enumerated, as the Council deems necessary or advisable. In the exercise of
this power, it is the desire of the City Council to establish a consistent policy in its
decision-making role to fairly and equitably evaluate those citizens of the community
who demonstrate a desire to serve on such boards or commissions.
Boards, commissions and citizen committees provide a great deal of assistance to the
Medina City Council when formulating public policy and transforming policy decisions
into action. The City currently has a standing Park Board and, Planning Commission, and
Emergency Preparedness Committee. In addition, special purpose committees and task
forces may be appointed by the City Council to address issues of interest or to conduct
background work on technical or politically sensitive issues. Special purpose committees
and task forces will be dissolved upon completion of the intended task.
On an annual basis, the Council shall develop a work plan for its standing boards and
commissions.
Standing boards and commissions shall conduct regular meetings that are open to the
public in accordance with the Open Public Meetings Act (“OPMA”), Chap. 42.30 RCW.
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Upon formation of any special purpose committees or task forces, the Council shall
determine, based upon the committee’s structure and function and with advice from legal
counsel, whether such committee shall be subject to the OPMA.
B. Appointments, Qualifications, and Terms of Service
Persons wishing to be considered for appointment or reappointment to the Park Board or,
Planning Commission, or Emergency Preparedness Committee shall submit to the city
clerk’s office an application on a form provided by that office. It is the policy of the City
Council for each applicant to be evaluated on an objective basis, utilizing the following
criteria:
1. Residency - Members shall be residents of the City of Medina.
2. Sectional Composition - Consideration should be given toward
maintaining an equitable balance of community representation on all
boards and commissions. Multiple members from the same family or
household will not be appointed to a single board or commission, in order
to avoid the reality or appearance of improper influence or favor.
3. Occupation - A broad mix of occupational backgrounds on all boards and
commissions will be attempted as appointments are considered.
4. Knowledge of Municipal and Planning Process - When ranking equally
qualified applicants, consideration shall be given to background
experience and knowledge of the municipal process as appropriate to the
position, in reaching a decision.
5. Contributive Potential – Consideration will be given to the potential
contribution that each applicant may make if appointed to a board or
commission. Criteria to guide this evaluation may include:
a. Ability to communicate effectively
b. Desire to perform public service
c. Ability to express ideas, concepts, or philosophies
d. Desire to participate in decision-making process
6. Leadership Potential - Since each appointee may be called upon to serve
as a chair, consideration will be given to the applicant’s leadership
abilities, such as:
a. Past or present leadership experience (current employment, special
interests, etc.)
b. Past or present participation in community services
c. Expressed interest in a leadership role
No person shall be appointed to serve as a member of more than one board or
commission at the same time; however, persons serving on a board or commission who
have requested appointment to another board or commission position may be appointed
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to such position if they, concurrent with the appointment, resign from the board or
commission position they are holding at the time of the new appointment.
C. Appointment Process
1. Council Personnel Committee. The mayor, together with two other
Council members designated by the mayor, shall constitute a personnel
committee to perform the interviews and recommendations for
appointments to the planning commission and park board. The personnel
committee shall interview the applicants, although the committee reserves
the right to make recommendations after reviewing applications and
without conducting interviews. Subsequent to the personnel committee’s
review, the personnel committee shall make a recommendation of
appointment to the Council.
2. After the personnel committee has forwarded it’s recommendation for
appointment to the Council, the City Council will be given copies of all
applications. The City Council will be given at least ten days to review the
applicants and the committee’s recommendation prior to the meeting at
which the Council will be asked to confirm the appointment.
3. Decision and Announcement. Each applicant will be notified of the
decision after Council confirmation has been made. The city clerk will
also notify the chair of the affected board or commission of its decision.
D. Council Members’ Role and Relationship with Advisory Bodies
Council members, in their capacity as private citizens, should refrain from
providing testimony in matters pending before any advisory board that will receive, or
could potentially receive, future review or other action before the Council. Where a
Council member elects to provide such testimony, the following rules shall apply:
The Council member shall declare at the outset and upon the record that the
Council member is present in his or her private capacity as an interested citizen, and not
on behalf or at the request of the City Council.
The Council member shall refrain from stating or implying that the Council
member’s position or opinion is that of the City Council.
The Council member shall refrain from directing city staff or the advisory body to
take any action on behalf of the Council member.
The Council member shall observe any rules of procedure or protocol that apply
to any other private citizen testifying before the advisory board.
3.05 Council Committees
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Council committees are policy review and discussion arms of the Council, made up of no
more than three Council members, that discuss issues and develop recommendations for
consideration by the full Council.
Membership on each council committee shall include the Mayor. The Mayor shall make
appointments to each committee after asking each Council member’s preference and
taking those preferences into account.
Committees may be formed on topics including personnel, finance, and
facilities/community development. Committees are intended to be flexible, and may be
dissolved and reconstituted by the full Council depending on the needs of the City.
Committee topics and structures should be determined in January of each biennium, but
may be addressed more frequently if needed.
The City Manager or Council by majority vote or consensus may send items to
committees for review on an as-needed basis. Committees shall meet as often as
necessary to carry out their purpose. Committee meetings shall be open to the public,
pursuant to the Open Public Meetings Act (OPMA).
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Chapter 4
TRAVEL POLICY
Members of the City Council, City boards and commissions are subject to the following
travel policy:
4.01 Travel Involving an Overnight Stay
All reasonable transportation expenses for approved travel (as defined in the following
paragraphs) will be reimbursed. Any travel involving an overnight stay must have the
prior approval of the City Manager.
Elected and appointed officials should endeavor to attend training and conferences in the
state whenever possible, if such training or conference is of comparable value to that
offered out of state.
Anyone traveling on city business on a trip that involves an overnight stay shall submit a
travel authorization form to the finance department prior to departure. The travel
authorization form shall include a complete estimate of the costs of the trip, including
conference registration, transportation, lodging, meals, vehicle rentals, and incidentals.
The travel authorization form shall also include the purpose of the trip, the dates of travel,
and other pertinent details.
The City Manager will authorize travel expenses within the legislative budget approved
by the Council.
4.02 Reimbursement of Travel Expenses
A fully itemized claim for expense reimbursement, along with any unexpended portion of
the advance, must be submitted to the finance department within 15 calendar days of the
close of the authorized travel period for which expenses have been advanced. Any
amounts not accounted for within the 15-day period shall bear interest at the rate of 10
percent per annum from the date of default until paid (RCW 42.24.150).
1. Transportation Costs - Reimbursement costs for transportation will be at the
cost of the most reasonable means of transport. For example, airline costs will
be reimbursed at a coach rate. If an elected or appointed official chooses to fly
first class, the City will reimburse only at the coach rate and the official must
pay for the difference. Efforts should be made to book air travel at least two
weeks or more in advance to take advantage of lower rates. Frequent flyer
miles should not be the criteria for selecting a flight if lower-cost alternatives
are available.
2. Hotel/Motel Accommodations – Actual and necessary hotel/motel
accommodations will be reimbursed or paid in advance, limited to the
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maximum single-room rate of the specific hotel or motel. A vendor’s receipt
is required for all accommodations. In the event the receipt includes non-
reimbursable expenses, the official shall be responsible for such expenses.
Government or discount rates should be obtained wherever possible.
3. Individual Meals - Same Day Travel - Reasonable costs of necessary meals
while conducting city business are reimbursable, to the following maximum
amounts*, including tip:
Breakfast - $ 10.00 Lunch - $20.00 Dinner - $30.00
*These amounts are reviewed annually by the finance director and may be adjusted
from time to time by resolution of the City Council. For travel to high-expense areas,
i.e., Washington, DC, meals may be reimbursed at a higher rate than the amounts
listed above, subject to prior approval of the City Manager.
Receipts must accompany all reimbursement claims.
The cost of meals for official functions (political or professional
organizations - usually include speaker and/or room rental) will be paid at
full actual cost, even if the cost exceeds the rates above.
Tips are allowable up to 15% and should be considered as a part of the
maximum allowable amount.
Reimbursement will not be paid for alcoholic beverages.
Reimbursement will not be paid for expenses for spouses, guests, non-
employees, or other persons not authorized to receive reimbursement
under this policy or state regulations.
Reimbursement may be claimed by one person for several employees or
officials eating together, as long as all the names are listed on the
reimbursement claim.
4. Per Diem for Out-of-Town, Overnight Meals. When traveling out of town
overnight, officials will receive a per diem allowance for meals rather than
submitting a request for individual meal reimbursements. The daily per diem
rates for meals shall be sixty dollars, tip included. If meals are provided as
part of the registration fee, no per diem will be paid for those meals. Officials
can claim the daily per diem rates only for those meals they pay for directly.
5. Incidental Expenses - Reasonable costs for parking, taxis, buses, rental cars (if
necessary), etc., will be paid if itemized on the claim form and accompanied
by a receipt. Use of rental cars must have prior approval via the travel
authorization form. The cost of long distance telephone calls to the City for
city business will be reimbursed, and one telephone call home per day of
reasonable length (i.e., 15 minutes) will be reimbursed.
6. Personal Vehicles - Mileage for the pre-approved use of personal vehicles will
be reimbursed at the IRS allowable mileage rate. City officials using their
personal vehicle from home to a destination different from their usual work
site are reimbursed for miles driven in excess of their usual commute to and
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from work. The IRS rate will be published by the finance director by memo at
the beginning of each calendar year. All officials using their personal vehicles
for city business must file proof of liability insurance with the finance
director.
7. Reporting of Actual Expenses - All actual eligible expenses should be
reported on an expense reimbursement request form to be filled out by the
official within 15 calendar days after completion of travel. Receipts must be
attached for all expenses claimed. Expense reimbursement requests should be
signed by the same party originally approving the travel and filed with the
finance department for processing.
Chapter 5
CODE OF ETHICS
The Washington State Code of Ethics for Municipal Officers, Chap. 42.23 RCW, is
intended to ensure that the judgment of public officers is not compromised or affected by
inappropriate conflicts of interest, and that confidential matters are appropriately
safeguarded. The Code of Ethics has provisions that prohibit:
Using one’s official position to obtain a special privileges or exemptions.
Receiving compensation or gifts for the officer’s services.
Accepting employment or engaging in activities that could require or induce
an officer to disclose confidential information.
Disclosing confidential information or using such information for the officer’s
personal benefit.
Being beneficially interested in a contract with the City.
The consequences of violating the Ethics Code may include: (1) a determination that an
action taken by the Council is void, (2) financial penalties; (3) consequences assessed by
the Council including censure; and (4) forfeiture of office through recall.
The application of the Ethics Code must be addressed on a case-by-case basis. The
Ethics Code is not generally intended to preclude Council members from voting on
legislation with City-wide impact, such as land use, police power, and taxation
ordinances. In addition, a Council member might be found only to have a “remote
interest” in a contract, such that the Council may still approve a contract if the interested
Council member abstains from the vote.
Councilmembers are encouraged to consider whether public perception and trust would
be best served by disclosure of individual interests or relationships that are relevant to a
policy matter under consideration. To understand the effect of the Ethics Code and its
applicability to any particular situation, Council members should contact the City
Manager and City Attorney as questions arise.
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Chapter 6
INTERACTION WITH CITY STAFF/OFFICIALS
6.01 Overview
City Council policy is implemented through dedicated and professional staff. Therefore,
it is critical that the relationship between Council and staff be well understood by all
parties so policies and programs may be implemented successfully. To support effective
relationships, it is important that roles are clearly recognized.
6.02 City Manager
A. The employment relationship between the City Council and City Manager
honors the fact that the City Manager is the chief executive of the City. All
dealings with the City Manager, whether in public or private, should respect
the authority of the City Manager in administrative matters. Disagreements
should be expressed in policy terms, rather than in terms that question
satisfaction with or support of the City Manager.
B. The City Council will evaluate the City Manager on an annual basis to ensure
that both the City Council and City Manager are in agreement about
performance and goals based upon mutual trust and common objectives. The
City Manager’s performance shall be evaluated, at a minimum, in the
following areas: leadership, teamwork, job knowledge, attitude,
accountability, communication, problem-solving skills, quality of service,
safety/risk-taking, implementation and administration of adopted Council
policy.
6.03 City Staff
City Council member contact with city staff members, inclusive of the City Manager,
will be during regular business hours, except in the case of an emergency. The City
Council is to work through the City Manager when dealing with administrative services
of the City. In no manner, either directly or indirectly, shall a Council member attempt to
influence personnel matters that are under the direction of the City Manager.
6.04 City Attorney
Pursuant to recommendation of the City Manager, the City Council shall make provision
for obtaining legal counsel for the City, either by appointment of a city attorney on a full-
time or part-time basis, or by any reasonable contractual arrangement for such
professional services. At present, the city attorney is a contract employee appointed by
the City Manager; such contract is confirmed by the City Council. The city attorney is the
legal advisor for the Council, its committees, commissions and boards, the City Manager,
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and all city officers and employees with respect to any legal question involving an
official duty or any legal matter pertaining to the affairs of the City.
It is important to note that the city attorney does not represent individual members of
Council, but rather the City as a corporate entity.
Chapter 7
CITY COUNCIL MEETINGS - GENERAL
The City Council’s collective policy and law-making powers are put into action at the
Council meetings. It is here that the Council conducts its business. The opportunity for
citizens to be heard, the availability of local officials to the citizenry, and the openness of
Council meetings all lend themselves to the essential democratic nature of local
government.
7.01 Meeting Schedule
Regular meetings are held the second Monday of each month at 6:30 p.m., in the City
Hall Council chambers, 501 Evergreen Point Road, Medina. Should these days happen to
be designated as a legal holiday; the council meeting will be held the next business day or
on an alternative day selected by the Council.
7.02 Special Meetings
Special meetings may be called by the Mayor or by a majority of the members of the
Council by delivering written notice personally, by mail, by fax, or by electronic mail to
each member of the governing body; and to each local newspaper of general circulation
and to each local radio or television station which has on file with the Council a written
request to be notified of such special meeting or of all special meetings.
7.03 Study Sessions
The City Council may meet informally in a study session. The study session is the forum
used by Council to review forthcoming programs of the City, to receive progress reports
on current issues, or to receive similar information from the City Manager and others. All
discussions and conclusions held during a workshop are of an informal nature. Generally,
final action is not taken while in a study session unless delayed action may result in
adverse consequences.
7.04 Executive Session
At the call of the presiding officer, or with a majority vote, tThe City Council may
convene in executive session to privately discuss and consider matters of confidential
concern to the well being of the City. The purposes for which an executive session may
be held are identified in RCW 42.30.110, summarized as follows:
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Discussion with legal counsel of pending or potential litigation or agency
enforcement action
Property acquisition/disposition, when public knowledge of the discussion
could harm the City’s bargaining position
Matters affecting national security
Performance review of publicly bid contracts, when public knowledge of the
discussion could lead to a likelihood of increased price
Complaints or charges brought against a public officer or employee
Qualification/performance review of job applicants and employees
Evaluation of qualifications of candidates for appointment to an elective office
Before convening in executive session, the presiding officer shall publicly announce the
purpose for the executive session, and the time when the executive session will be
concluded. The presiding officer should also indicate whether Council action is likely to
be taken after the executive session. An executive session may be extended to a stated
later time by announcement of the presiding officer.
7.05 Agenda
The City Manager shall have primary responsibility for placing items on the agenda. The
City Manager and Mayor will review the agenda prior to the regular meeting. Items of
City business may be added by request of two or more Council members. So that staff
have time to prepare and Councilmembers are not prejudiced by addition of last-minute
agenda items, Councilmembers must notify the City Manager of agenda items at least
seven business calendar days in advance of the meeting.
The Council shall use a consent agenda for routine items not requiring in-depth
discussion. Any Council member may remove an item from the consent agenda for full
consideration by the Council.
Council members shall review the agenda and packet in advance of the meeting, and
address any questions to staff ahead of time if possible.
7.06 Meeting Rules for Council Members
Council members shall act in a courteous, professional and respectful manner toward
each other, the staff and the public.
Council members shall use their best efforts to maintain a balanced perspective and a
sense of humor in conducting the public’s business.
Council members shall not surprise one another or staff at a public meeting with anything
that could be discussed beforehand so that Council members and staff can be prepared to
respond in a reasonable manner.
Council members speak with one voice once a vote has been taken and do not work to
undermine the decision of the Council. The Council shall move forward expeditiously
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without rehashing previously discussed information or engaging in conversation with the
public during the business meeting.
Council members shall not use personal electronic devices during meetings except to
view the agenda packet or otherwise further the purpose of the meeting.
Council members shall not be repetitive in arguments or discussion or personally attack
other members who have contrary views.
7.07 Meeting Rules for Members of the Public
A. Written Communications. All persons may address the Council by written
communications, including via e-mail. Written communications pertaining to
items subject to a public hearing will be made a part of the public record.
B. Oral Communications. City Council meetings are recorded. Each person
addressing the Council at a regular meeting will do so from the podium and
will speak in an audible tone of voice. Citizen comments shall be allowed
only during designated comment periods and official public hearings, and
shall comply with the following rules:
1. Citizen comments shall relate to matters of City business.
2. Prior to making comments each speaker shall first give his/her name and
address.
3. Comments shall be limited to three minutes unless a greater length of time
is requested and approved by the Mayor.
4. All remarks shall be addressed to the Council as a body and not to any
member thereof. No comments shall be directed to staff.
5. Speakers may be asked to keep their remarks courteous and respectful.
Speakers shall not engage in conduct that unreasonably disrupts the
meeting.
6. Council members shall not engage in debate with citizens or each other
during the comment period, but may ask clarifying questions when
recognized by the presiding officer. Citizen comments or questions
requiring a staff response shall be referred to the City Manager for follow-
up.
7.08 Council Rules for Interacting with Staff
A. Council members may ask the City Manager for up to one hour of research on
a City related issue as long as the cumulative effect does not take staff away
from accomplishing their core duties in a timely manner. In the event that
more than one hour of staff time is required, a request for additional time may
be brought to the full Council for consideration.
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B. Council members shall not publicly criticize city staff. If there are concerns
with staff performance, they should be discussed with the City Manager
privately. If citizens make complaints about staff conduct or actions directly
to a Council member, the Council member shall refer the matter to the City
Manager for review.
C. Information generated by staff at the request of a Council member shall be
shared with all Council members.
D. Council members shall focus on policy matters and not administrative matters.
Council members shall not attempt to coerce or influence City staff in the
selection of personnel, the awarding of contracts, the selection of consultants,
the processing of development applications, the granting of City licenses or
permits, the interpretation or implementation of Council policy, or in any
other matter involving the administration of City business.
E. Staff shall bring grant opportunities that would require material matching
dollars, or materially impact City policy, to the Council for authorization
prior to applying. Council members are encouraged to bring any grant
opportunities they discover to the attention of staff, for handling by staff.
Chapter 8
COUNCIL MEETINGS - PROCEDURE
8.01 Parliamentary Procedure
Unless otherwise addressed by these Guidelines, meetings shall be conducted in
accordance with traditional rules of parliamentary procedure. Parliamentary rules are
intended to assist the Council in conducting business in an orderly manner, but strict
adherence to parliamentary procedure shall not be required. Councilmembers are
encouraged to work through discussions by consensus wherever possible. In the event
that the procedure for considering a matter is unclear or in dispute, the following
procedure shall be employed: (a) a motion shall be made proposing a course of action; (b)
a second shall be required; (c) thereafter, each Council member shall be afforded the
opportunity for discussion; and (d) the Mayor shall call for a vote. Council shall be
bound by the results of the vote.
The Mayor or any Councilmember may ask the City Attorney for clarification or
guidance on matters of parliamentary procedure. The City Manager, City Clerk, and City
Attorney shall have the ability to raise points of order as necessary to clarify the record or
prevent the Council from taking illegal or legally deficient action.
8.02 Meeting Decorum and Order
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The Mayor shall preserve decorum and decide all questions of order, subject to appeal to
the full Council. During Council meetings, Council members shall preserve order and
decorum and shall not delay or interrupt the proceedings or refuse to obey the legitimate
orders of the chair or the rules of protocol.
Any person making personal, impertinent, or slanderous remarks who creates an
unreasonable disruption while addressing the Council shall be directed to cease by the
mayor. If the unreasonably disruptive conduct continues, the person shall be removed
from the meeting.
8.03 Order of Discussion
The Mayor should follow the prepared agenda as much as possible. Any Councilmember
may propose that the order of agenda items be rearranged for necessity or convenience.
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8.04 Discussion Limit
Council members are encouraged to discuss items during the decision-making process. A
Council member should not speak more than once on a particular subject until every
other Council member has had the opportunity to speak.
8.05 Ordinances and resolutions
Ordinances and resolutions that are presented to Council for consideration and possible
action must be introduced in the form of a motion and a second.
8.06 Voting
Each Council member shall vote on all questions put to the City Council, unless a conflict
of interest under state law or appearance of fairness question requires recusal of the
Councilmember. Unless a member of the Council states that he or she is not voting, his or
her silence shall be recorded as an affirmative vote.
Chapter 9
COMMUNICATIONS AND RECORDS
9.01 Public Records
All “writings,” including letters, memoranda, text messages, emails, photographs, videos,
social media postings, and recordings, the subject of which relates to the conduct of
government or the performance of any governmental function, are public records. Public
records must be retained by the City and disclosed upon request. It is illegal to destroy a
public record while a request for it is pending.
To allow the City to fulfill its core function of retaining and providing public records
upon request, Council members shall:
Forward any requests for records they receive from citizens to the City Clerk for follow-
up; and
Avoid using personal devices, email accounts or text messaging to send, receive, create,
or store public records; and
Promptly transfer any received or created materials meeting the definition of “public
record,” including emails and social media postings, from personal devices or accounts to
a City-owned account, device, or server; and
In the event of a public records request, cooperate with directions from City staff to
search personal accounts and electronic devices, and provide any responsive public
records that may be contained thereon; and
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Refrain from deleting any public records from personal accounts and devices until the
records have been transferred to the City; and
Prior to separation from office, transfer any and all public records from personal accounts
and electronic devices to the City.
9.02 Written Communications
Written letters and memoranda received by the City, addressed to a Council Member or
the Council as a body, will be provided to all City Council Members, and a copy kept
according to the Records Retention Schedule.
9.03 Transitory Records
Records that have no retention value, such as drafts, meeting notices, reminders,
telephone messages, informal notes, and duplicate records may be deleted when no
longer needed. Council members shall confer with City Clerk on any questions on
whether a particular record has retention value.
9.04 Limits on “discussion” outside meetings
Pursuant to the Open Public Meetings Act (“OPMA”), Chap. 42.30 RCW, four or more
Council members may not discuss any item of City business outside an open public
meeting, including by phone calls or electronic means such as email and social media.
Council members are discouraged from sending communications to three or more fellow
members, as this tends to provoke electronic discussion that could violate the OPMA.
Council members are instead encouraged to place items on the meeting agenda for
discussion, and to discuss matters with staff, in small groups, or one-on-one.
Chapter 10
COUNCIL REPRESENTATIONS BEFORE GOVERNMENTAL
AGENCIES, COMMUNITY, AND MEDIA
Council members should not normally be the first point of contact with the media on
matters of City business. Council members are encouraged to refer media inquires to the
City Manager.
When making official comments on City businesses, Council members shall state the
majority position of the Council, if known, on an issue. Personal opinions and comments
that differ from the Council majority may be expressed if the Council member clarifies
that these statements do not represent the Council’s position. Before presenting the views
of another Council member, the Council member must obtain consent from the fellow
member.
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Chapter 11
CONSEQUENCES FOR VIOLATING GUIDELINES
The Council trusts that all members elected to this important office will act with integrity,
honesty, and in accordance with the Oath of Office and these Guidelines. Nevertheless,
the Council wishes to adopt the following consequences for violations. This process
should only be used for serious violations such as deliberate breaches of confidentiality;
violations of the Code of Ethics; repeated overstepping of authority, abuse of office, or
dishonesty; or refusal to follow open government protocols. Less serious violations
should be addressed with reminders and requests for compliance.
Step 1: Notice and opportunity to cure
A Council member suspected of violating the Guidelines shall be provided notice and an
opportunity to remediate the violation prior to the implementation of any further
consequence. As a first step, one or two Council members shall discuss the violation
directly with the accused Council member. Council members are discouraged from using
email to discuss suspected violations.
Step 2: Council meeting discussion
If Step 1 fails to remediate the violation, an executive session may shall be called
pursuant to RCW 42.30.110(1)(f) to consider and evaluate the complaint. All
Councilmembers, including the accused, shall receive advance written notice of the
general nature of the complaint and the fact that an executive session is being called to
discuss it. If the accused Council member requests that the discussion be held in a public
meeting in lieu of an executive session, that request shall be honored. If the accused
Council member wishes to bring a representative, the discussion shall be held in open
session unless a majority of the Council votes to allow the representative to attend the
executive session.
Step 3: Censure and removal from duties
If Step 2 fails to satisfy a majority of the Council that the violation has been
resolvedresolve the violation, a motion may be made and seconded at a regular meeting
to censure the Council member. The censure motion may be made no sooner than thirty
(30) days after the completion of Step 2, and the accused Councilmember must receive
advance written notice that the motion will be made. The specific violations shall be
publicly announced, and the accused Council member shall have a chance to make a
statement. At the conclusion of discussion, the accused Council member shall be
officially censured upon an affirmative vote of at least five members of the Council. An
affirmative vote of at least five members may also, as a consequence of violating these
Guidelines, remove the Councilmember from duties including Mayor or Deputy Mayor,
committee assignments, or status as representative with local or regional boards.
JANUARY 10, (Tuesday) City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation Bellevue Fire Chief Mark Risen
Consent Agenda 12/12/2016 CC Minutes
Consent Agenda December 2016, Check Register
Consent Agenda City Manager Contract Amendment
Public Hearing None
Other Business City Council Calendar Sauerwein
FEBRUARY 13, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Executive Session RCW 42.30.140 (4) Labor Relations
Presentations
20 Year Employee Service Award
Police Officer of Year Award
Consent Agenda 11/7/2016 Approved PB Minutes
Consent Agenda 11/22 and 12/6 Approved PC Minutes
Consent Agenda 01/09/2016 CC Minutes
Consent Agenda Year-End and January 2017, Check Register
Consent Agenda ETP Legislative Priorities
Consent Agenda
Receive PC Recommended Changes to the
Noise Code Grumbach
Consent Agenda Development Noise Consultant Contract Grumbach
Consent Agenda Fee Schedule Amendment Grumbach
Other Business Solid Waste/Recycling Franchise Discussion Sauerwein
Other Business 2017 Planning Commission Work Program Grumbach
Other Business Tree Code Follow-up Study Grumbach
Other Business City Council Calendar Sauerwein
FEBRUARY 27, City Council Study Session, CANCELLED
Item Type Topic Presenter Council Action
Topic
MARCH 13, City Council Special & Regular Meeting, 7:00 pm
Item Type Topic Presenter Council Action
Study Session City Council Guidelines 5:00 - 7:00 PM Karen Reed
Study Session Airport Issues 7:00 - 7:30 Allyson Jackson
Presentation None
Consent Agenda Approved PC Minutes 01/24/2017
Consent Agenda 02/13/2017 CC Minutes
Consent Agenda February 2017, Check Register
Consent Agenda ARCH Business Resolution Sauerwein
MEDINA CITY COUNCIL
2017 AGENDA/ACTION CALENDAR
Meetings scheduled for 6:30 pm, at City hall (unless noticed otherwise).
AGENDA ITEM 9.2
Consent Agenda Horticultural Elements Contract Osada
Consent Agenda Puget Sound Energy Franchise Sauerwein
Public Hearing Noise Code and Adopt Ordinance Grumbach
Other Business City Council Calendar Sauerwein
MARCH 27, City Council Study Session, CANCELLED
Item Type Topic Presenter Council Action
Topic
APRIL 10, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Executive Session None
Presentation None
Consent Agenda Approved PB Minutes
Consent Agenda Approved PC Minutes
Consent Agenda 03/13/2017 CC Minutes
Consent Agenda March 2017, Check Register
Consent Agenda Puget Sound Energy Franchise
Consent Agenda Sexual Assault Awareness Proclamation
Public Hearing None
Other Business AirBnB Discussion Haggard/Grumbach
Other Business Medina Park 12th Street Tree Planting Osada
Other Business City Council Calendar Sauerwein
APRIL 24, City Council Study Session, CANCELLED
Item Type Topic Presenter Council Action
Topic
MAY 8, City Council Regular Meeting, 7:00 pm
Item Type Topic Presenter Council Action
Study Session City Council Guidelines - 5:00 - 7:00 Karen Reed
Consent Agenda Approved PB Minutes 04/17/2017
Consent Agenda Approved PC Minutes 04/25/2017
Consent Agenda 04/10/2017 CC Minutes
Consent Agenda April 2017, Check Register
Consent Agenda
National Police Week and Peace Officer
Memorial Day; May 14-20, 2017 Burns
Consent Agenda Receive Sign Code PC Recommendations Grumbach
Consent Agenda Hazardous Tree Removal Project 2017 Osada
Public Hearing None
Other Business Membership of Boards and Commissions Burns
Other Business SR 520 Metering Burns
Other Business
Other Business
Other Business City Council Calendar
AGENDA ITEM 9.2
MAY 22, City Council Study Session, Tentative
Item Type Topic Presenter Council Action
Topic
JUNE 12, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation
Swearing in of new Police Officer, Mathew
Kelly
25 Year Service Award - Crickmore
20 Year Service Award - Stifler
Presentation
State Senator Kuderer, Representative
Mcbride, Representative Slatter
Presentation Seattle Harbor Patrol - TENTATIVE
Consent Agenda 4/17/2017 Approved PB Minutes
Consent Agenda 04/25/2017Approved PC Minutes
Consent Agenda 05/08/2017 CC Minutes
Consent Agenda May 2017, Check Register
Consent Agenda Adopt Ordinance - Youth Advisory to PB Kellerman
Consent Agenda Appointment Confirmations - PB, PC, CSC Kellerman
Consent Agenda Puget Sound Energy Franchise Sauerwein
Other Business Adoption City council guidelines Sauerwein
Other Business Sign Code Grumbach
Other Business City Council Calendar Sauerwein
Public Hearing Sign Code Grumbach
JUNE 26, City Council Study Session, TENTATIVE
Item Type Topic Presenter Council Action
Topic
JULY 10, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Executive Session
Consent Agenda Approved PB Minutes
Consent Agenda Approved PC Minutes
Consent Agenda 06/12/2017 CC Minutes
Consent Agenda June 2017, Check Register
Consent Agenda
Consent Agenda
Public Hearing Sign Code - TENTATIVE
Other Business Review 2017 Budget/Kick Off 2018 Budget Sauerwein/Ketter
Other Business
Other Business City Council Calendar Sauerwein
AGENDA ITEM 9.2
JULY 24, City Council Study Session, TENTATIVE
Item Type Topic Presenter Council Action
Topic
AUGUST 14, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Executive Session
Presentation
Consent Agenda PC Minutes 6/14 andn 6/28
Consent Agenda
Consent Agenda July 2017, Check Register
Consent Agenda
Other Business
Other Business
Other Business
AUGUST 28, City Council Study Session, TENTATIVE
Item Type Topic Presenter Council Action
Topic
SEPTEMBER 11, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation
Presentation
Consent Agenda Approved PB Minutes
Consent Agenda Approved PC Minutes
Consent Agenda 08/14/2017 CC Minutes
Consent Agenda August 2017, Check Register
Consent Agenda
Consent Agenda
Consent Agenda
Public Hearing
Public Hearing
Other Business
Other Business City Council Calendar
SEPTEMBER 25, City Council Study Session, TENTATIVE
Item Type Topic Presenter Council Action
Topic 2018 Preliminary Budget
OCTOBER 9, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation
Presentation
Consent Agenda Approved PB Minutes
Consent Agenda Approved PC Minutes
Consent Agenda 09/11/2017 CC Minutes
Consent Agenda September 2017, Check Register
AGENDA ITEM 9.2
Consent Agenda
Consent Agenda
Consent Agenda
Public Hearing
Public Hearing
Other Business
Other Business City Council Calendar
OCTOBER 23, City Council Study Session, TENTATIVE
Item Type Topic Presenter Council Action
Topic
NOVEMBER 13, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation
Presentation
Consent Agenda Approved PB Minutes
Consent Agenda Approved PC Minutes
Consent Agenda 10/09/2017 CC Minutes
Consent Agenda October 2017, Check Register
Consent Agenda
Consent Agenda
Consent Agenda
Public Hearing
Public Hearing
Other Business
Other Business City Council Calendar
NOVEMBER 27, City Council Study Session, TENTATIVE
Item Type Topic Presenter Council Action
Topic
DECEMBER 11, City Council Regular Meeting, 6:30 pm
Item Type Topic Presenter Council Action
Presentation
Presentation
Consent Agenda Approved PB Minutes
Consent Agenda Approved PC Minutes
Consent Agenda 11/13/2017 CC Minutes
Consent Agenda November 2017, Check Register
Consent Agenda
Consent Agenda
Consent Agenda
Public Hearing
Public Hearing
Other Business
Other Business City Council Calendar
AGENDA ITEM 9.2
AGENDA BILL
Subject: Ordinance 945 – Repealing and Readopting a Sign Code
Category: Consent Ordinance Public Hearing
City Council Business Resolution Other – Discussion
Prepared By: Robert Grumbach, Development Services Director
Summary: Please see May 8, 2017, City Council packet for staff report and supporting materials.
AUTHORITY:
Local government’s authority to regulate signs is based upon the "police power." However, because signs are a form of communication, that authority is limited by the free speech
provisions of the state and federal constitutions. Also, signs are a form of property meaning there are limits placed on sign regulations based on the "takings" provisions of the state and federal constitutions.
REASON FOR REPEAL AND REPLACE:
The current Sign Code (MMC 20.30.020) was adopted in 1989 and incorporated into the Unified
Development Code (Title 20) in 2013. In 2010, review of the sign code was added to the Planning Commission’s work program to review for “shortcomings and updating.” Although complaints about signage were few, there was a desire to look at whether the regulations fit the
community character as well as address inadequate provisions. It started with home business signs, but the scope was expanded.
Contributing to the need for reviewing the sign code was the U.S. Supreme Court’s decision in
Reed v. Town of Gilbert. This decision clarified when governments can impose content-based restrictions on signs. It expanded on content-based principles and applied a strict scrutiny to content-based standard that is almost always fatal to a sign code. Under Reed, it is more difficult to treat signs differently based on their content, although it remains unclear how this pertains to commercial speech, which Reed did not specifically address. With Medina’s existing sign code containing content-based regulations, it is unlikely the code as currently presented would survive the new standards.
HIGHLIGHTS OF THE ORDINANCE:
•Consolidated into categories that are content neutral including residential/ non-residential; permanent/ temporary; and commercial/ non-commercial. Real estate and
event signs are a separate category that are content based, but the regulations arenarrowly tailored to reflect case law against their prohibition. We also added constructionsigns to this category to reflect case law that compared these signs to the real estate
signs.
•Repealed the requirement for a conditional use permit for permanent signs. However,temporary real estate and event signs larger than 4 square feet in the right-of-way; andall construction signs will require a building permit.
•Adopt a time limit for non-permanent signs – 26 weeks over a 12-month period.
•Permanent sign standards for nonresidential uses – both commercial andnoncommercial signs – were made using the current commercial sign standards.
•Increased the size of real estate signs to 5 square feet in sign area. The size of openhouse and yard sale types of signs were decreased to 4 square feet for an onsite sign,but increased to 4 square feet for offsite signs.
AGENDA ITEM 10.1
•Added height restrictions for signs attached to buildings, walls and fences.
•Established minimum maintenance requirements for signs.
•Consolidated address, private lane, and neighborhood signs into a single LocationIdentity Signs category. Design standards are based on current code requirements.
•Created a new exemption for signs located inside of buildings and for signs outside ofbuildings, but not visible from neighboring properties or the right-of-way.
•Created a new exemption for signs 100 square inches and less.
•Clarified when signs on a utility pole can be allowed.
During Planning Commission discussions, questions about enforcement came up. Chapter 18.16 MMC contains enforcement provisions applicable to all of Title 20, including the sign code. Chapter 18.16 references Chapter 1.15 MMC – Code Enforcement – for procedures and
penalties.
Attachment:
1.Draft Ordinance 945
Budget/Fiscal Impact: Not applicable
Staff Recommendation: Staff recommends more than one meeting discussing the sign code to become familiar with the particulars
City Manager Approval:
Proposed Council Motion:
“Move to adopt Ordinance No. 945 Repealing Section 20.30.020 of the Medina Municipal Code and adopting new Sections 20.30.020 and 20.30.025 of the Medina Municipal Code pertaining to sign regulations
AGENDA ITEM 10.1
Ordinance No. 945 Sign Code 1 of 13
Ordinance No. 945 1 2 MEDINA CITY COUNCIL 3 4
AN ORDINANCE OF THE CITY COUNCIL OF THE 5 CITY OF MEDINA, WASHINGTON, REPEALING AND READOPTING 6 SECTION 20.30.020 OF THE MEDINA MUNICIPAL CODE (MMC) PERTAINING TO 7 THE TYPE, SIZE, LOCATION, CONSTRUCTION AND PLACEMENT OF SIGNS; 8 AMENDING VARIOUS SECTIONS OF CHAPTER 20.12 MMC PERTAINING 9 TO DEFINITIONS; AND ADOPTING A NEW SECTION 20.30.025 MMC 10 PERTAINING TO LOCATION IDENTITY SIGNS 11 12 WHEREAS, the City of Medina is almost exclusively a single family residential 13
community with only a few nonresidential premises; and 14 15 WHEREAS, the high-quality suburban characteristics of the City including quietness and 16
aesthetic beauty are a chief attraction to residents; and 17 18 WHEREAS, the Medina Comprehensive Plan adopts Goal LU-G1, which is “to maintain 19
Medina’s high-quality residential setting and character;” and 20 21 WHEREAS, the City Council adopted the existing sign regulations on August 14, 1989 22 by Ordinance No. 429, which were reformatted and re-codified as Section 20.30.020 by 23 Ordinance No. 900, effective September 2, 2013; and 24 25 WHEREAS, the City Council added review of the sign code regulations to the 2010 26 Planning Commission Work Program to assure the regulations adequately reflected the 27 community character; and 28 29 WHEREAS, in June 2015, the U.S. Supreme Court decided Reed vs. Town of Gilbert, 30
__U.S. 135 S. Ct. 2218 (2015), which held that strict constitutional scrutiny applies to codes that 31 regulate different kinds of signs according to their content; and 32 33 WHEREAS, the City seeks to promote the public interest of protecting the high-quality 34 residential character of the community through a comprehensive system of reasonable, 35 effective, consistent, and content-neutral sign standards; and 36
37 WHEREAS, the City Council finds that the regulations contained in this proposal are 38 content neutral and narrowly tailored to serve the public interests in preventing traffic hazards 39 and obstructions of non-motorized travel, promoting businesses, and in protecting the 40 appearance of a high-quality residential community; and 41 42 WHEREAS, the City Council finds that the transfer, development, and improvement of 43 real properties within the City is important for the local economy, and it is important for such 44 activities to display temporary on-site signage; and 45 46 WHEREAS, in accordance with RCW 36.70A.106, a notice of intent was transmitted to 47
the Washington State Department of Commerce on February 2, 2017 (Material ID # 23361); and 48 49
Ordinance No. 945 Sign Code 2 of 13
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of 1 Nonsignificance (DNS) for the proposal was issued on January 31, 2017, pursuant to WAC 197-2
11-340(1); and 3 WHEREAS, the Planning Commission held a public hearing on February 15, 2017, to 4 receive testimony for and against the proposal; and 5 6 WHEREAS, notice of the Planning Commission’s public hearing was published in The 7 Seattle Times on January 31, 2017, in accordance with the content set forth in MMC 20.83.120, 8 and posted to the City’s notice boards and website on January 31, 2017; and 9 10 WHEREAS, the City Council received the Planning Commission’s recommendation at 11 their May 8, 2017, regular meeting and scheduled a public hearing for June 12, 2017, for which 12 notice was posted on the City’s notice boards and website on June 1, 2017; and 13
14 WHEREAS, the City Council held a public hearing on June 12, 2017, to receive 15 testimony for and against the proposal and following the hearing deliberated on the proposal. 16
17 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO 18 ORDAIN AS FOLLOWS: 19 20 Section 1. Amend MMC 12.32.020. Section 20.32.020 of the Medina Municipal Code 21
is amended to read as follows: 22 23 It is unlawful to place or construct in the unimproved portions of any public rights-of-way any 24 structure or artificial thing other than: 25 A. Signs authorized under the provisions of MMC 20.30.020 and MMC 20.30.025; 26 … 27 28 Section 2. Amend MMC 20.12.020. Section 20.12.020 of the Medina Municipal Code 29 is amended to add the following definition: 30 31 “Abandoned sign” means a sign which no longer identifies or advertises a bona fide business, 32 lessor, service, owner, product, or activity, and/ or for which no legal owner can be found. 33 34 Section 3. Amend MMC 20.12.200. Section 20.12.200 of the Medina Municipal Code 35 is amended to read as follows: 36
37 … 38
39 “Sign” means any medium visible to the public including its structure and component parts 40 which is used or intended to be used out of doors to convey a message to the public or 41 otherwise attract attention to its subject matter, for advertising or any other purposes. 42
“Sign, A-board” means a portable sign consisting of two sign faces hinged at the top and 43 separated at the bottom to make it self-standing. 44 “Sign area” means ((all faces of a sign which include a message, logo or other identification)) 45
the area of the face of the sign. When a dimensional sign contains information on two sides of 46 the sign, only one side is counted in determining sign area, except A-board signs where the 47 average area of the two faces shall be used to determine sign area. 48 “Sign, banner” means a sign made of lightweight fabric or similar material that is temporarily 49 mounted to a pole or building by one or more edge. National, state or municipal flags, or the 50 official flag of any institution shall not be considered banners. 51
Ordinance No. 945 Sign Code 3 of 13
“Sign, commercial” means a sign containing commercial content used for identifying a building, 1 use, business or event, or to advertise the sale of goods, products, events or services. This 2
includes real estate and event signs. 3 “Sign face” means the surface upon, against or through which the letters, numerals, figures, 4 symbols, logos and graphic elements comprising the content or message of a sign is displayed 5 or illustrated, not including structural supports or architectural features of a building. 6 1. In the case of panel or cabinet type signs, the sign face shall include the entire area of the 7 sign panel, cabinet or face substrate upon which the sign message is displayed or 8 illustrated. 9 2. In the case of signs painted on a building, or individual letters or graphic elements affixed to 10 a building or structure, the sign face shall comprise the sum of the geometric figures or 11 combination of regular geometric figures drawn using connected straight lines closest to the 12 edge of the letters or separate graphic elements comprising the sign message. 13
3. In the case of sign message enclosed within a painted or illuminated border, or displayed on 14 a background contrasting in color with the color of the building or structure, the sign face 15 shall comprise the area within the contrasting background, or within the painted or 16
illuminated border. 17 “Sign, freestanding” means a sign attached to a self-supporting structure such as columns, 18 poles, or braces placed in or upon the ground. 19
“Sign height” means the total vertical measurement of a sign including all components of the 20 sign and the sign’s support structure. 21 “Sign, location identity” means signs that identify address numbers, property owners, and/or 22 geographic areas such as neighborhoods and subdivisions. 23 “Sign, mounted” means a sign that is applied or affixed to a building, wall or fence. 24 “Sign, municipal” means a sign erected by the City of Medina, or its authorized representatives, 25 for the safety, convenience or information of its citizens, including, but not limited to traffic 26 control signs, legal notices, City entrance signs, and signs announcing public and community 27 events, meetings, and activities. 28 “Sign, noncommercial” means a sign containing non-commercial content used for identifying a 29 building, use, or event, or to advertise noncommercial matters, excluding municipal signs. 30 “Sign, off-site” means any sign that advertises or relates to an event, activity, use, good, 31 product, or service that is not available on the premises upon which the sign is erected. 32 “Sign, on-site” means any sign that advertises or relates to an event, activity, use, good, 33
product, or service that is lawfully permitted to be offered, sold, traded, provided, or conducted 34 at the location or premises upon which the sign is erected. 35 “Sign, permanent((; permanent sign))” means any sign which is affixed ((, directly or indirectly,)) 36
to the ground or to any permanent structure or building, including walls, awnings and fences, in 37 such a manner that it cannot be moved or transported with ease, and which is intended to 38 remain in one location and position for an extended period of time. 39
“Sign, real estate & events” means a temporary sign that is for the sole purpose of advertising a 40
parcel, tract, lot, site or home for rent, lease or sale; for advertising the sale of a home’s 41
household belongings; or which identifies an individual or company performing an active 42
construction project including remodels. 43
“Sign support structure” means any structure designed for the support of a sign. 44 “Sign, temporary((; temporary sign))” means ((any)) a sign displaying either commercial or 45 noncommercial messages which is not permanently affixed((, directly or indirectly,)) to the 46 ground or any permanent structure or building and which is capable of being moved or 47 transported with ease. 48 “Sign, window” means a sign affixed to the surface of a window with its message intended to be 49
visible to the exterior environment. 50
Ordinance No. 945 Sign Code 4 of 13
1 … 2 3 Section 4. Repeal MMC 20.30.020. Section 20.30.020 of the Medina Municipal Code 4 is repealed in its entirety. 5
6 Section 5. Re-adopt MMC 20.30.020. Section 20.30.020 of the Medina Municipal Code 7 titled “Signs” is re-adopted to read as follows: 8 9 A. Purpose. 10 1. To provide content-neutral design standards for signage; and 11 2. To recognize the predominately high-quality, single-family residential setting and built-12 out character of the community by permitting signs that compliment this character; and 13 3. To establish regulations for the design, number, placement and size of exterior signs 14 consistent with the City’s high-quality residential character; and 15 4. To provide business establishments the ability to identify themselves with signage 16 consistent with the high-quality residential setting of the community; and 17 5. To promote public safety by controlling the amount of clutter and visual distractions 18 caused by signs; and 19
6. To establish minimum requirements for maintenance of signs. 20 B. Applicability. 21 1. Applicability. The requirements of this section shall apply to all signs including sign 22 structures, unless exempt under MMC 20.30.020(B)(2). No sign shall be installed, 23 erected and/ or displayed within the jurisdiction of the City of Medina, except as provided 24 for in MMC 20.30.020 and MMC 20.64.070 (shoreline master program). 25
2. Exemptions. The following signs are exempt from the requirements of MMC 20.30.020: 26 a. Signs required by federal or state statutes or regulations that are exempt from local 27 regulations; 28 b. Signs placed inside of buildings or within the boundaries of a lot where the sign is not 29 visible from other properties or City rights-of-way; 30 c. Wall graphics of an artistic nature which do not contain commercial advertisement; 31 d. Signs associated with a community event sanctioned by the City or with a special 32 event where a special event permit is obtained pursuant to Chapter 9.40 MMC; and 33 e. Signs meeting the definition of location identity sign as set forth in MMC 20.12.200, 34 which meet the requirements set forth in MMC 20.30.025. 35 3. Limited Exemptions. The following signs are exempt from permit, number, height and 36
size requirements prescribed elsewhere in MMC 20.30.020: 37 a. Flags that are not of a commercial nature, provided no more than three flags are 38 displayed on the lot simultaneously; 39 b. All signs having a sign area of 100 square inches or less, provided: 40 i. The sign is not located within City rights-of-way; and 41 ii. No more than two signs qualifying for this exemption are visible from City rights-42
of-way or nearby properties. 43 c. Permanent signs having a sign area greater than 100 square inches, but not 44 exceeding 144 square inches, provided: 45
i. The purpose of the sign is to warn against trespassing consistent with the 46 restrictions on peddlers and solicitors in Chapter 5.12 MMC; 47 ii. The sign is not located within City rights-of-way; and 48 iii. No more than three signs per property qualifying for this exemption are visible 49 from City rights-of-way or nearby properties; 50 d. Signs circulating traffic on private property provided: 51
Ordinance No. 945 Sign Code 5 of 13
i. The sign is not located within City rights-of-way; 1 ii. The sign does not exceed two square feet in sign area; and 2
iii. No more than two signs qualifying for this exemption are visible from City rights-3 of-way or nearby properties; 4 e. Signs associated with nonresidential uses that communicate operational information 5 such as, but not limited to, hours of access and open/ closed signs that do not 6 exceed two square feet in sign area; and 7 g. Municipal signs pursuant to the requirements in MMC 20.30.020(G). 8 4. Prohibited signs. The following signs are prohibited: 9 a. Signs erected and/ or displayed within any public park or public property, except as 10 specifically allowed by the Medina Municipal Code; 11 b. Signs erected and/ or displayed on private property without the express consent of 12 the owner thereof; 13
c. Signs posted on public traffic or safety sign posts; 14 d. Signs containing obscene or prurient words, scenes or graphics; 15 e. Signs mounted on utility poles or light standards without the express consent of the 16
entity that owns or controls the utility pole; 17 f. Signs in or on vehicles or vessels visible from public property or City rights-of-way, 18 unless the sign meets one of the following conditions: 19
i. The sign is an integral component of the vehicle or vessel and consists of 20 magnetic, decal or is painted onto or attached to the vehicle or vessel provided 21 the vehicle or vessel is in operational condition, and the vehicle or vessel is not a 22 static display; 23 ii. Signs on vehicles or vessels meeting the requirements in MMC 24 20.30.020(B)(2)(c); 25 g. Signs that are determined by the director to be a hazard to public safety due to their 26 design, materials, physical condition, or placement. 27 C. General sign provisions. 28 1. How to apply the sign code. The principle use of the property, or the principle use of the 29 property abutting a City right-of-way, shall control in applying the nonresidential sign 30
standards in MMC 20.30.020(D), or the residential sign standards in MMC 20.30.020(E). 31 The Medina Comprehensive Plan, Table 1: Land Use Inventory identifies nonresidential 32 uses in the City. 33 2. Determining signs allowed by use. 34 a. Commercial establishments may have: 35 i. Permanent signs authorized under MMC 20.30.020(D)(1); 36
ii. Temporary commercial and noncommercial signs authorized under MMC 37 20.30.020(D)(2)(a) and (b); 38 iii. Exempt signs authorized under MMC 20.30.020(B)(2) and (3); 39 iv. Real estate and event signs authorized under MMC 20.30.020(F); and 40 v. Location Identity Signs authorized in MMC 20.30.025; 41 b. Nonresidential uses other than commercial establishments may have: 42 i. Permanent signs authorized under MMC 20.30.020(D)(1); 43 ii. Temporary noncommercial signs authorized under MMC 20.30.020(D)(3)(b); 44 iii. Exempt signs authorized under MMC 20.30.020(B)(2) and (3); 45 iv. Real estate and event signs authorized under MMC 20.30.020(F); and 46 v. Location Identity Signs authorized in MMC 20.30.025. 47 c. Residential uses may have: 48 i. Permanent and temporary noncommercial signs authorized under MMC 49 20.30.020(E) 50
ii. Exempt signs authorized under MMC 20.30.020(B)(2) and (3); 51
Ordinance No. 945 Sign Code 6 of 13
iii. Real estate and event signs authorized under MMC 20.30.020(F); and 1 iv. Location Identity Signs authorized in MMC 20.30.025. 2
3. Sign permits. A building permit is required for the following: 3 a. Erecting, installing or replacing any permanent sign having greater than two square 4 feet of sign area; 5 b. Erecting, installing or replacing any temporary sign located within any City right-of-6 way having greater than four square feet in sign area; 7 c. Erecting, installing or replacing any temporary construction sign unless exempt 8 pursuant to MMC 20.30.020(B)(2)(b); 9 d. Repairs to any sign meeting the size requirements in MMC 20.30.020(C)(3)(a) or (b), 10 excluding ordinary repairs as defined by the adopted building code set forth in 11 Chapter 20.40 MMC. 12 4. Maintenance requirements. 13
a. Signs, including any and all components of the structures and/ or supports thereof, 14 shall be maintained in a proper state of repair; and 15 b. The director may order abatement by repair, rehabilitation, demolition or removal of 16
any sign determined to be in a poor state of repair or dangerous due to likely 17 structural failure or faulty wiring. 18 5. Illumination. 19
a. Where illumination of a sign is allowed, the following requirements apply: 20 i. The illumination shall be by a steady light source; 21 ii. Illumination of nonresidential signs is only allowed during business and/ or 22 operational hours; 23 iii. No lighting shall be directed towards passing traffic or towards nearby properties; 24 b. Strobe lights, flashing, moving or animated features, and other similar types of 25 illumination, which are visible from public rights-of-way and nearby properties, are 26 prohibited. 27 6. Signs in a City right-of-way. Placement of signs within a City right-of-way shall comply 28 with the following: 29 a. Signs shall be placed a minimum distance of 10 feet from the edge of pavement, 30
except: 31 i. The director may approve placement at a distance of less than 10 feet on a case-32 by-case basis after considering public safety factors; or 33 ii. Where the edge of pavement includes raised curbs, a sign may be placed less 34 than 10 feet from the edge of pavement provided the sign does not cause unsafe 35 conditions for the public’s use of the right-of-way. 36
b. Consent by the abutting property owner is required before placement of any sign 37 within a City right-of-way, excluding municipal signs; and 38 c. Applicable requirements in Chapter 12.32 MMC are followed. 39 7. Measuring sign height. The height of a sign is measured from the lowest point of the 40 existing grade beneath the sign to the highest point of the sign and sign structure. 41 8. Time limitations. Where a non-permanent sign is required to be removed after a 42 designated time period, the designated time period shall be the maximum amount of 43 time the sign can be erected or displayed during any consecutive 12-month period. 44 9. Signs that are visible from the SR 520 state highway or located within the state highway 45 right-of-way may be subject to the Scenic Vista Act set forth in Chapter 47.42 RCW. 46 D. Nonresidential signs. Signs associated with nonresidential uses shall comply with all of the 47 standards set forth in MMC 20.30.020(D). 48 1. Permanent signs. Table 20.30.020(D)(1) sets forth the requirements for permanent 49 signs associated with nonresidential uses. 50
51
Ordinance No. 945 Sign Code 7 of 13
Table 20.30.020(D)(1): 1 Permanent Sign Standards – Nonresidential 2
Description Development Standard
Maximum Sign Area 24 square feet per sign Maximum Height:
• Freestanding sign 4 feet
• Mounted sign* Not to exceed the height of the building
Maximum Number of Signs One per each public street frontage the building and/ or principle use is adjacent to, not to
exceed 2
Placement Location:
• Onsite sign Allowed
• Offsite sign Prohibited
• On City Right-of-way Prohibited
Sign Illumination Allowed (See MMC 20.30.020(C)(5))
Sign Removal: Required within 30 days after abandonment
*Mounted signs are limited to being affixed to a building only 3 2. Temporary signs. 4 a. Commercial signs. Table 20.30.020(D)(2)(a) sets forth the requirements for 5 temporary commercial signs associated with nonresidential uses. 6 7 Table 20.30.020(D)(2)(a): 8 Temporary Commercial Sign Standards – Nonresidential 9
Description Development Standard
Maximum Sign Area 12 square feet Maximum Height:
• Freestanding sign 4 feet
• Mounted sign Not to exceed the height of the building, wall or fence to which it is attached
Maximum Number of Signs One per each public street frontage the building and/ or principle use is adjacent to, not to
exceed 2
Placement Location:
• Onsite sign Allowed
• Offsite sign Prohibited
• On City Right-of-way Allowed adjacent to lot only (See MMC 20.30.020(C)(6)) Sign Illumination Prohibited
Sign Removal Must be taken down during non-business hours
10 b. Noncommercial signs. Table 20.30.020(D)(2)(b) sets forth the requirements for 11
temporary noncommercial signs associated with nonresidential uses. 12 13 14
Ordinance No. 945 Sign Code 8 of 13
Table 20.30.020(D)(2)(b): 1 Temporary Noncommercial Sign Standards – Nonresidential 2
Description Development Standard
Maximum Sign Area:
• Banner sign 15 square feet
• A-board sign 8 square feet
• All other signs 4 square feet
Maximum Height:
• Freestanding sign 4 feet
• Mounted sign Not to exceed the height of the building, wall or fence to which it is attached
Maximum Number of Signs:
• Banner signs exceeding 4 square feet in sign area One
• Signs located on City right-of-way
One per each 50 feet plus one for any remaining fraction thereof of abutting lineal street frontage
• All other signs No restriction
Placement Location:
• Onsite sign Allowed
• Offsite sign Allowed
• On City right-of-way
Banner sign Prohibited
All other temporary signs Allowed (See MMC 20.30.020(C)(6))
Sign Illumination Prohibited
Sign Removal
Must be removed within 24 hours of related event ending, or within 26 weeks of being
erected and/ or displayed, whichever period is shorter 3 3. Permanent and temporary commercial signs associated with commercial establishments 4
can display only content specific to the commercial establishment and/ or products, 5 goods and services offered onsite by the commercial establishment. 6 4. Window signs. 7
a. Temporary signs placed on a building window shall not cover more than 40 percent 8 of the transparent surface area of the window. 9 b. A permanent sign painted or etched on a window may be allowed in lieu of a 10
mounted or freestanding sign prescribed in Table 20.30.020(D)(1) provided the 11 maximum sign area does not cover more than 40 percent of the transparent surface 12 area of the window. 13 5. In addition to the nonresidential commercial and noncommercial sign standards 14 prescribed by MMC 20.30.020(D), real estate and event signs are allowed that comply 15 with the standards in MMC 20.30.020(F). 16 E. Residential sign standards. Signs associated with residential uses shall comply with all of 17 the standards set forth in MMC 20.30.020(E). 18 1. Commercial signs. Permanent and temporary commercial signs, including home 19 business signs, shall not be erected and/ or displayed on properties, or in the adjacent 20 City right-of-way, having a principle use that is residential, except for real estate and 21
event signs complying with the requirements in MMC 20.30.020(F). 22
Ordinance No. 945 Sign Code 9 of 13
2. Noncommercial signs. Table 20.30.020(E) sets forth the requirements for all permanent 1 and temporary noncommercial signs associated with residential uses. 2
3 Table 20.30.020(E): 4
Noncommercial Sign Standards – Residential 5
Description Development Standard
Maximum Sign Area:
• Banner sign 15 square feet
• All other signs 4 square feet
Maximum Height:
• Freestanding sign 4 feet
• Mounted sign Not to exceed the height of the building, wall or fence to which it is attached
Maximum Number of Signs:
• Banner signs exceeding 4 square feet in sign area One
• Signs located on City right-of-way
One per each 50 feet plus one for any remaining fraction thereof of abutting lineal street frontage
• All other signs No restriction
Placement Location:
• Onsite sign Allowed
• Offsite sign Permanent sign Prohibited
Temporary sign Allowed
• On City right-of-way
Permanent sign
Prohibited Banner sign A-board sign
All other temporary signs Allowed (See MMC 20.30.020(C)(6))
Sign Illumination Prohibited
Sign Removal – temporary sign
Must be removed within 24 hours of related event ending, or within 26 weeks of being erected and/ or displayed, whichever period
is shorter
Sign Removal – permanent sign Required within 30 days after abandonment
6
F. Real estate and event signs. Real estate and event signs shall comply with all of the 7 standards set forth in MMC 20.30.020(F). 8 1. In applying the definition of real estate and event sign to Table 20.30.020(F), the 9
following subcategories of real estate and event signs shall apply: 10 a. Real estate/ construction signs, which are for the sole purpose of advertising a 11 parcel, tract, lot, site or home for rent, lease or sale; or which identify the individual or 12 company performing an active construction project including remodels of a property 13 that has obtain a building permit under MMC 20.40.010(A) or (B) from the City. 14 b. Event signs, which are for the sole purpose of selling a home’s household 15 belongings or for advertising an open house event associated with the sale of a 16 parcel, tract, lot, or site; 17
2. Table 20.30.020(F) sets forth the requirements for all real estate and event signs. 18
Ordinance No. 945 Sign Code 10 of 13
Table 20.30.020(F): 1 Real Estate & Event Sign Standards 2
Description Development Standard
Maximum Sign Area:
• Real estate/ Construction
sign 5 square feet
• Event sign 4 square feet
Maximum Height:
• Freestanding sign 6 feet
• Mounted sign Not to exceed the height of the building, wall or fence to which it is attached
Maximum Number of Signs:
• Real estate/ Construction sign One per lot, except as provided in MMC 20.30.020(F)(3)
• Event sign 3
Placement Location:
• Real estate/ Construction sign:
o Onsite sign Allowed
o Offsite sign Prohibited, except as allowed in MMC 20.30.020(F)(3)
o On City right-of-way Banner sign Prohibited All other real estate signs Allowed adjacent to lot only
• Event sign:
o Onsite sign Allowed
o Offsite sign Prohibited
o On City right-of-way Banner sign Prohibited All other event signs Allowed (See MMC 20.30.020(H)(4)) Illumination Prohibited Sign Removal:
• Real estate/ Construction sign
Must be removed within 26 weeks of being erected and/ or displayed, or within 24 hours after close of property sale or completion of a construction project, whichever period is shorter
• Event sign Must be removed daily within one hour after event closes each day, not to exceed being
displayed more than three days per week
3 3. The maximum number of real estate/ construction signs may be increased as follows: 4 a. One additional sign may be posted on the waterfront side of a lot adjoining Lake 5
Washington; 6 b. If a property does not adjoin a City right-of-way, one additional sign advertising only 7 a parcel, tract, lot, site or home for rent, lease or sale may be placed at the entrance 8
to a private lane serving the subject property. 9 4. Event signs may be located further offsite than adjacent to the subject lot provided MMC 10 20.30.020(C)(5) is satisfied. 11
12
Ordinance No. 945 Sign Code 11 of 13
G. Municipal signs. 1 1. The requirements for permits for permanent signs set forth in MMC 20.30.020(C)(3) shall 2
apply to municipal signs, excluding traffic control signs. 3 2. Nothing else in this section shall restrict the erecting or posting of signs by the City, or its 4 authorized representatives, for the safety, convenience or information of its citizens. 5 H. Nonconforming signs. 6 1. All permanent signs that do not conform to the specific standards of this code that were 7 erected in conformance with a valid permit or were erected in conformance with then 8 applicable ordinances and regulations shall be considered legally nonconforming signs. 9 2. Nonconforming rights are not granted to temporary signs or signs that were in violation 10 of previous versions of the Medina Sign Code. 11 3. Legally nonconforming signs may continue unless: 12 a. The sign is abandoned; or 13
b. The sign is changed as to the location, shape, or dimensions; or 14 c. The user fails to keep the sign in good repair consistent with the maintenance 15 requirements imposed by this section. In such cases, the sign as changed or 16
repaired must comply with all applicable provisions of MMC 20.30.020. 17 18 Section 6. Adopt MMC 20.30.025. A new Section 20.30.025 of the Medina Municipal 19
Code titled “Location identity signs” is adopted to read as follows: 20 21 A. Applicability. This section shall apply to all location identity signs. Other signs are regulated 22 separately under MMC 20.30.020. 23 B. Sign permits. 24 1. A building permit is required for location identity signs meeting the requirements in MMC 25 20.30.020(C)(3). 26 2. All location identity signs placed within a City right-of-way require a right-of-way permit 27 as set forth in MMC 12.08.010. 28 C. Maintenance requirements. 29 1. Location identity signs, including any and all components of the structures and/ or 30
supports thereof, shall be maintained in a proper state of repair; and 31 2. The director may order abatement by repair, rehabilitation, demolition or removal of any 32 location identity sign determined to be in a poor state of repair or dangerous due to likely 33 structural failure or faulty wiring. 34 D. Illumination. 35 1. Illumination of a location identity sign shall comply with the following: 36
a. The illumination shall be by a steady light source; 37 b. No lighting shall be directed towards passing traffic or towards nearby properties; 38 2. Strobe lights, flashing, moving or animated features, and similar types of illumination 39 associated with location identity signs are prohibited. 40 E. Signs in a City right-of-way. Placement of location identity signs within a City right-of-way 41 shall be placed a minimum distance of 10 feet from the edge of pavement, except the 42 director may approve placement at a distance of less than 10 feet on a case-by-case basis 43 after considering public safety factors. 44 F. Measuring sign height. The height of a sign is measured from the lowest point of the 45 existing grade beneath the sign to the highest point of the sign and sign structure. 46 G. Location identity signs shall comply with the requirements set forth in Table 20.30.025. 47
1. In applying the definition of location identity sign to Table 20.30.025, the following 48 subcategories of location identity sign shall apply: 49 a. Neighborhood signs, which are for the purpose of displaying the name of a 50 neighborhood, geographic area or subdivision representing eight or more homes; 51
Ordinance No. 945 Sign Code 12 of 13
b. Private lane signs, which are for the purpose of displaying the addresses of multiple 1 lots where the primary vehicle access is by a shared private lane; 2
c. In all other cases, location identity signs are for the purpose of displaying the 3 address for a single lot. 4 2. Table 20.30.025 sets forth the requirements for all location identity signs. 5 6 Table 20.30.025 7 Location Identity Sign Standards 8
Description Development Standard
Maximum Sign Area:
• Neighborhood sign 12 square feet
• Private lane sign 9 square feet
• All others 2 square feet
Maximum height:
• Freestanding sign
Neighborhood sign 4 feet
Private lane sign 8 feet All others 4 feet
• Mounted sign
Neighborhood sign Prohibited
Private lane sign Prohibited
All others Not to exceed height of structure
Maximum Number of Signs:
• Neighborhood sign One per clearly delineated neighborhood
• Private lane sign One per shared private lane
• All others No restrictions
Placement Location:
• Onsite sign
Neighborhood sign Not applicable
Private lane sign Not applicable
All others Allowed
• Offsite sign
Neighborhood sign Allowed
Private lane sign Allowed per MMC 20.30.025(H)(1)
All others Prohibited
• On City right-of-way
Neighborhood sign Allowed (See MMC 20.30.025(E))
Private lane sign Allowed per MMC
20.30.025(E) and MMC 20.30.025(H)(1) All others Prohibited Sign Illumination Allowed (See MMC 20.30.025(D))
Sign Removal:
• Neighborhood sign Must be removed within 30 days of abandonment
• Private lane sign No restrictions subject to the maintenance requirements in MMC 20.30.025(C) • All others 9 10
Ordinance No. 945 Sign Code 13 of 13
H. Miscellaneous. 1 1. Placement of a private lane sign shall be within the boundaries of the private lane 2
easement, or if the sign is placed within a City right-of-way, its location shall be restricted 3 to close proximity to where the private lane intersects the City right-of-way. 4 2. The content of location identity signs shall be limited as follows: 5 a. Neighborhood signs shall not contain any advertising, addresses, or name of 6 persons or entities other than the neighborhood the sign represents; 7 b. Private lane signs shall contain the addresses of the lots whose access is by the 8 shared private lane that the location identity sign identifies and may include the name 9 of the private lane or the words “Private Lane;” 10 c. All other location identity signs may display only the name of the property owner and/ 11 or the address of the property the sign supports. 12 3. Nonconforming signs. Location identity signs that do not comply with the requirements 13
in MMC 20.30.025 are subject to the nonconforming provisions for sign set forth in MMC 14 20.30.020. 15 16 Section 7. Severability. Should any section, paragraph, sentence, clause or phrase of 17 this ordinance, or its application to any person or circumstance, be declared unconstitutional or 18 otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or 19
federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining 20 portions of this ordinance or its application to other persons or circumstances. 21 22 Section 8. Effective Date. A summary of this ordinance shall be published in the 23 official newspaper of the City, and the ordinance shall take effect and be in full force five (5) days 24 after the date of publication. 25 26 ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ___ DAY 27 OF _______ 2017. 28 29
Alex Morcos, Mayor
Approved as to form:
Attest:
Kathleen J. Haggard, City Attorney Porter Foster Rorick LLP Aimee Kellerman, City Clerk
30